Agenda item

5.1       The Committee received a report which provided an overview of the Draft      Early Community Engagement Guidance. Over recent years local       communities have raised concerns that they are regularly consulted too late in   the planning pre-application process by developers, or in some instances not        consulted at all. Often the engagement that is undertaken amounts to      presentation of a finalised scheme, which is shortly after submitted as a formal application without scope for the community engagement to influence        the proposal. In this context, officers have developed a draft Early Community      Engagement Guidance Note.

5.2       The purpose of the draft guidance is to ensure that developers are aware of the Council’s expectation that community engagement is undertaken as early    as possible during the planning preapplication phase using methods that             maximise meaningful engagement with all parts of the local community.

5.3       The draft guidance sets out examples of good practice and provides a             template timeframe for engagement to show how community engagement         should be scheduled relative to other pre-application engagement with other           stakeholders and officers. It also explains the level of information that should      be submitted with pre-application requests to officers and with formal planning             applications to demonstrate the community engagement that has been             undertaken and how the engagement has helped to refine the finalised development proposal.

5.4       The guidance seeks to ensure that all engagement is compliant with the      Equality Act 2010 and is inclusive, engaging traditionally disengaged groups     as well as those who are more frequently engaged in planning matters.             Informal consultation on the draft guidance was undertaken between 15             February and 12 March. In addition to the invitation to provide written     comments on the draft guidance officers held discussion forums with      residents’ groups and the Westminster Property Association during w/c 1      March. The following groups were consulted: -

•        Amenity Societies

•        Neighbourhood Forums

•        Other semi-recognised residents groups

•        Business Improvement Districts (BIDs)

•        Queens Park Community Council

•        Westminster Property Association (WPA)

5.5       Members held a discussion and noted the following: -

• That 5 amenity societies, 7 neighbourhood forums, 2 (BIDs) and the WPA had responded to the consultation.

• That Residents Groups, BIDs and the WPA supported the main principles of the draft guidance, i.e. to deliver more meaningful, transparent and inclusive community engagement. There were also recommendations that the guidance should highlight the importance of engaging with alterative groups, such as youth forums and employees and workers.

• Members agreed that developers engaging in separate consultations with alternative groups should be encouraged. The guidance should encourage developers to use appropriate formats for these discussions, such as digital platforms.

• Consultees considered that greater emphasis should be placed on the importance of the ‘planning balance’ and the accordance of proposals with adopted planning policies to manage expectations.

• That Neighbourhood Forums responded to consultation to raise concern that their importance as a consultee in the planning process, particularly where they have adopted a Neighbourhood Plan, was not suitably reflected.

• That Community groups would like to see a process introduced to ensure feedback following engagement is more accurately recorded and presented by developers.

•  That BIDs welcomed the recognition in the draft guidance of their role as a key planning consultee and that they requested that they be consulted more formally at application stage.

• That the WPA considered that the Guidance should recognise that there are circumstances where early engagement prior to seeking pre-application advice from officers is not feasible.

• That the WPA had recognised the crucial role of meaningful consultations and engagement in successfully managing change in the built environment and had agreed that the criteria should be as flexible as possible and so that individual site circumstances, and development size can be taken into account.

• There was recognition that digital forms of engagement had increased participation.

• The Committee noted that the Early Community Engagement Guidance was only a guide and that it was not compulsory for developers to adhere to the advice set out in the document. The Committee agreed that it would be beneficial to developers if they adopt the Guidance, and that this would ensure that schemes are supported by communities. Members were reminded that The National Planning Policy Framework (NPPF) and National Planning Practice Guidance (NPPG) stipulated the extent to which developers are required to engage with the pre-application process.

• The Committee noted that most developers were aware of the benefits of early engagement and that the WPA were of the view that extensive community consultation already occurs on most large and strategic scale development in Westminster but recognised that there were still scope for improvement.

• Members were advised that engagement during the pre-application stage was informal and that developers were required to take lead when consulting parties and that the Draft Early Community Engagement Guide will provide guidance on how to undertake these consultations. The Planning Service will provide support to developers in relation to engaging with third parties during the application stage.

• Members recommended that a Community Planning Champion should be explored and noted that this individual would act as an ‘mediator’ between developers and third parties and be an expert on planning statutory requirements and processes. The Committee were informed that there was a ‘Community Licensing Champion’ and that the individual liaised between parties and helped to negotiate licensing conditions and represented third parties at the Licensing Sub-Committees. 

• Members agreed that Committee reports for the Planning Applications Sub-Committees should include a segment which details whether developers had engaged with third parties and when consultations took place. Members commented that the additional segment in the Sub-Committee reports regarding engagements could be used as tool to encourage developers to undertake consultation and will highlight those who fail to do so. The Committee was informed that schemes could not be refused on the basis that developers had failed to consult third parties.

• Members agreed that developers should be encouraged to undertake consultations at the preliminary stage of their schemes and that they liaise with third parties regarding the appearance of new development, its use, and how it will fit in the area. The Committee agreed that developers should continue to engage with third parties after planning permission has been granted in particular during the construction phase.

5.6       Publication of the finalised Early Community Engagement guidance will take place at the later in 2021 following further engagement with interested parties            on a revised version of the guidance that addresses the comments made by          consultees in response to consultation on the initial version of the draft             guidance. Following publication there will be ongoing monitoring of early           community engagement by developers. Officers advised that it was   envisaged that the measures set out in the guidance are likely to be adopted      by the majority of developers in future.

5.7       Member thanked Officers for their work on the Draft Early Community     Engagement Guidance

Resolved:

1. Members noted the contents of the report and agreed to support the principle of the draft Early Community Engagement Guidance.

2. That Planning Applications Sub-Committees reports include a section which details the engagement that developers have undertaken with third parties prior to submission of a formal application and the dates these consultations took place.