Agenda item

Gary Cowan has asked the Executive Member for Planning and Local Plan the following question:

 

Question:

Can the Exec Member for Planning explain the relationship to conditions placed on planning applications at their inception and their eventual sign off. Is there a scheme or time frame to ensure their compliance?

Minutes:

Question

Can the Exec Member for Planning explain the relationship to conditions placed on planning applications at their inception and their eventual sign off. Is there a scheme or time frame to ensure their compliance?

 

Answer

Planning conditions are imposed to ensure that development mitigates its impact. They should be kept to a minimum and only imposed where they are necessary and meet the tests contained within the NPPF. There are two main type of conditions, those that require specific discharge of information to be submitted, and those that require adherence in perpetuity.

 

Through the planning process, details relating to the relevant conditions are submitted and assessed by the relevant technical officers within the council or by statutory external consultees such as the Environment Agency.

 

The application of these conditions would usually be reviewed as part of the development process itself.

 

If the development is found to not be in accordance with the approved details, the local planning authority’s Planning Enforcement function or in some circumstances, another body (for example, the Highways Authority or Environment Agency) will consider whether formal action is necessary or expedient to ensure compliance.

 

The local planning authority should respond to requests to discharge conditions without delay and must give notice to the applicant of its decision within a period of eight weeks or any longer period agreed in writing.

 

Supplementary Question

I served on the all-party tree and diversity task and finish group which lasted about six months last year. The Committee asked the Planning Department about the Planning conditions on the replacement of dead trees after five years and the answer was that we do not do it. As experts suggested, 20-25% of new trees die within five years, and that would suggest they are not replaced at the numbers lost, running to many thousands. Also, the Reading Football Club Training Ground Planning application approved seven years ago had 58 Planning conditions placed on it and I asked last year how many had been signed off and the answer I received was none. Since then I have received a spreadsheet showing a progress report on all of the 58 Planning conditions in various stages of progress. In summary, not checking new trees in a five year period, after six years, no follow up then, is this an acceptable way in dealing with Planning conditions?      

 

Supplementary Answer

I understand that you have had a response from the Director on the specifics of the individual Planning application that you mentioned, which I cannot comment on. On the points you’ve raised, particularly, about dead trees and the like, I have had discussions with officers to say that I am exceedingly concerned that a high number of trees have been planted and nothing has happened in terms of tendering them and watering them. As a result, many have died. I have been advised that the Council has gone to developers to advise that they need to replant. There is only a period of up to five years where we can do this but I have been pushing very hard with the officers to make sure that the trees that are planted can survive. Also tonight, we have the draft Tree Strategy, which will be consulted upon. I would suggest that residents and yourself, put in an extra message to say that if we have trees that have been planted by a developer, we need to have a means of ensuring that as many of those trees as possible survive.