Planning Performance Framework Report 2021/2022
Argyll and Bute Council · 15 February 2023
Back to Planning, Protective Services and Licensing Committee — 15 February 2023 and its agenda
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ARGYLL AND BUTE COUNCIL PPSL Committee Development and Economic Growth 15th February 2023 Planning Performance Framework 2021/2022 1.0 EXECUTIVE SUMMARY 1.1 This report contains recent feedback from the Scottish Government in relation to our Planning Performance Framework (PPF). Appendix A. 1.2 Our PPF is the principal performance measure for Planning Services (Development Management and Development Policy – within Planning and Regulatory Services) and is submitted to the Scottish Government annually for scrutiny and scoring. The Council’s 2021/22 PPF was submitted in September 2022 and was independently reviewed by the Scottish Government. A copy of the submitted document was submitted to the PPSL for noting at their meeting of 28th September 2022. 1.3 Overall the feedback report is considered overall to be positive registering seven ‘green’, four ‘amber’ outcomes, and two ‘red’ outcomes across the thirteen performance indicators assessed. Whilst it is disappointing to have any ‘red’ markers it is noted that these relate to performance measures which have been directly impacted by the pandemic and its impact upon workflow, and staff availability (absence and vacancies). It is further noted that even where performance markers have fallen below the National average the deviation is marginal, and/or there is valid justification for that position. 1.4 The positive feedback response supports our ‘open for business’ ethos and is warmly welcomed in the current economic climate. Whilst the Scottish Government have not identified any improvement actions for ABC this year, the service must not be complacent with the focus being year on year continuous improvement. The PPF for 2022/2023 is due to be submitted in July 2023. 1.5 It is recommended that the Committee:- (a) Note the content of report; and (b) Publicise (press, Twitter, Facebook and website release) the positive feedback from the Scottish Government.
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ARGYLL AND BUTE COUNCIL PPSL Committee Development and Economic Growth 15th February 2023 Planning Performance Framework 2021/2022 2.0 INTRODUCTION 2.1 This report contains recent feedback from the Scottish Government in relation to our Planning Performance Framework (PPF). Appendix A. The Executive Summary (above) provides further background information. 3.0 RECOMMENDATIONS 3.1 It is recommended that the Committee:- (a) Note the content of report; and (b) Publicise (press, Twitter, Facebook and website release) the positive feedback from the Scottish Government. 4.0 DETAIL What is the Planning Performance Framework? 4.1 This was Planning Services 11th Annual Planning Performance Framework (PPF) and is our ‘balance scorecard’ of performance which all Local Authorities must submit to the Scottish Government for review and scrutiny. 4.2 The PPF aims to be a holistic and easy read document that encapsulates statistical performance indicators as well as more qualitative information and case studies of good practice for the previous financial year. The basic structure of the document is stipulated by the Scottish Government but the character, tone, style and content is all shaped by the individual Authority. The Scottish Government has suggested that Authorities use the PPF as more than a means of simply reporting performance but utilise the document as an opportunity to promote their service and local area, to incorporate customer feedback and to provide updated narrative on case study items from previous years. The PPF seeks to focus on the Council being ‘open for business’ and the positive economic contribution that Planning Services have made within Argyll and Bute. The PPF presents case studies and examples of good practice which demonstrates the ability of the Service to facilitate the delivery of high quality development on the ground, to provide certainty to developers and investors, to consult and engage with customers effectively and to ensure that appropriate management and service delivery structures are in place to work efficiently.
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Review and Feedback 4.3 The review of the PPF was carried out by the Scottish Government and considered by the Minister for Public Finance, Planning and Community Wealth, Tom Arthur MSP. 4.4 Within our PPF We managed to showcase a variety of good quality projects and initiatives that demonstrate our ‘open for business’ and service improvement ethos. 4.5 The covering letter and feedback from Tom Arthur MSP is contained in full at Appendix A, however some pertinent points are highlighted below:- PM 1 Decision Making (Red): This marker was also identified as Red in 2020/21. Performance in the determination of planning applications remained significantly affected by the impacts of Coronavirus pandemic during a reporting period where the effects of service disruption/recovery have significantly impacted the time taken to determine applications, these include the longer term impacts of managing a significant backlog of casework that has accrued and reduced staffing resource as a result of absence and difficulties in recruiting to vacancies. During the 2021/22 reporting period the time taken to determine all categories of application increased from the previous period. This position was not unexpected and is reflective of a position where Scottish averages have also increased across the board. On a more positive note it is highlighted that Major applications where determined faster than the Scottish average (- 3.8 weeks); and Local (non-householder) applications remained only marginally (+0.1 weeks) slower than the Scottish average. The determination of householder applications remained significantly slower (+1.6 weeks) than the Scottish average however this is indicative of the prioritisation of available resources toward determination of applications that were required to respond to recovery from the pandemic, would deliver significant inward investment/employment, or were time critical in relation to grant funding or public health issues. It is further noted that whilst the effects of the pandemic have been less severe during 2022/23 the continuing effects of the pandemic that will also be evident in performance for the next reporting period. PM 4 Legal Agreements (Amber): This marker was previously identified a Green in 2020/21. The performance marker seeks to monitor the efficiency with which a planning authority concludes legal agreements after resolving to grant planning permission. During 2021/22 the average time taken to conclude legal agreements increased from 15.5 weeks to 33.6 weeks. It is noted that this performance marker relies on a small body of applications and is readily skewed, in this instance the resolution of one matter relating to a major application took 76.3 weeks to conclude a legal agreement has significantly impacted upon the average timeframe. It is also recognised however that continuing pressures upon the DM Management staff resulting from long-term vacancies in the Service has reduced the scope to provide regular review and monitoring of outstanding cases awaiting conclusion of legal agreements.
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PM 5 Enforcement Charter (Green): This marker has been green for the previous three reporting periods and recognises that the Council’s Planning Enforcement Charter has been subject to its statutory bi-annual review. It is noted that the Charter is due to be reviewed again by March 2024. PM 6 Continuous Improvement (Amber): This marker was previously identified as Amber in the previous five reporting periods. The Planning Service received positive feedback for continuing to progress service improvements during 2021/22 despite the impact of the pandemic, these are detailed in Part 3 of the PPF. The feedback acknowledges that a number of service improvements have been put on hold as a result of Covid-19 and its continuing impacts from the pandemic on service delivery. PM 7 Local Development Plan (Red): This marker was previously identified as Red in 2020/21 as the Argyll and Bute Local Development Plan 2015 has not been replaced within the required 5 year period. Despite the current adopted LDP being more than 5 years old, this policy framework is still considered up to date and relevant, and a more than adequate housing land supply still exists as demonstrated in our annual Housing Land Audit (which has recently been cited by Scottish Government as an example of good practice). PM 8 Development Plan Scheme (Amber): This marker was previously identified as Amber in the previous three reporting periods. Whilst confirmation that the LDP will not be replaced within the 5 year cycle flags as Red, this is balanced against the fact that the Council had recognised that the project was behind time within an updated Development Plan Scheme and amended the project plan for delivery accordingly. Members will be aware that the PLDP2 process has taken longer than planned, partly due to Covid pressures, staff resourcing demands, the complexity of dealing with over 1000 representations, and extended periods taken for public and stakeholder consultation at various points during the Plan production. PLDP2 adoption awaits the return of the Reporter’s Examination Report which will be provided by the DPEA. This has slipped beyond the original set timetable, mainly because the production of the laying before Scottish Parliament of NPF4 which consequently became a material consideration the Reporters needed to consider. The Council are still awaiting the Examination report without a precise timetable set. The timing is a matter for the DPEA and consequently outwith the Council’s control. PM 14 Stalled Sites / Legacy Cases (Amber): This marker was previously identified as Red in the previous reporting period. The feedback commentary identifies that whilst 27 legacy cases were cleared during the reporting period 40 new cases reached legacy status during the same time period with a total of 65 undetermined applications as of 31st March 2021. The degradation in this measure is directly attributable to the matters identified in PM 1 above in relation to determination timescales, but also a reduction in availability of management resource available to actively progress determination of legacy cases whilst addressing the other significant challenges facing the DM Service during this period. The measure improved from Red to Amber as due to an increase in the volume of legacy cases that were determined during the reporting period.
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Focus on Performance / Resources / Impact of Covid-19 4.6 The cover letter from the Minister for Public Finance, Planning and Community wealth, Tom Arthur MSP recognises that 2021/22 has continued to be a challenging period “for people working in planning, in the development sector and across Scotland’s communities”. It is further commented that during 2020-21 whilst “there has been some minor changes overall in the markings awarded that performance has remained relatively stable. This is a testament to the hard work and flexibility of authorities during challenging times and I believe overall, good progress continues to be made by Scotland’s planning authorities”. 4.7 The Minister has identified that “ensuring the system is appropriately resourced is key to improving the performance of planning” and highlighted that in April 2022 planning fees for most types of development were increased by between 25% and 50%. The Minister further sets out his expectation that additional fee income will be “invested in delivering improvements in Planning Services” but also restates a continuing commitment to working with Heads of Planning and COSLA to identify how “to move planning fees closer to covering the full cost of their determination”. The Minister also notes that Fees for applications made under the Electricity Act were increased from December 2022 which is also expected to increase fee income for planning authorities. 4.8 The Minister has also acknowledged that difficulties in recruiting qualified planning professionals is a national issue and recognises that “resourcing is about more than just money and having a pipeline of knowledgeable and skilled planners is essential to delivering on our ambitions set out in NPF4. This is why I supported the RTPI and Heads of Planning Scotland’s Future Planners Project which looked at proposals to help increase the numbers of people entering the planning profession. We recognise the importance of delivering on this vision and resourcing and skills challenges for planning authorities, which we are taking steps to address”. 4.9 Providing an update on the Scottish Government’s own work programme, the Minister has confirmed that work is continuing to progress on the introduction of mandatory training for elected members in the planning system; the implementation of statutory annual reports by planning authorities; and the appointment of a Planning Improvement Coordinator for Scotland. 5.0 CONCLUSION 5.1 The 2021/22 PPF demonstrates comparable performance to National statistics and agreed PPF Performance Markers and showcases a number of our high quality projects and outcomes, and the manner in which we have responded to the challenges of operating within a pandemic. 5.2 Feedback from the Scottish Government is overall considered to be positive and has confirmed that the Planning Service has an ‘open for business’ approach to delivering sustainable economic growth throughout Argyll and Bute. 6.0 IMPLICATIONS
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6.1 Policy: None 6.2 Financial: None 6.3 Legal: None 6.4 HR : None 6.5 Fairer Scotland Duty: 6.5.1 Equalities Protected Characteristics: None 6.5.2 Socio-Economic Duty: None 6.5.3 Islands: None 6.6 Risk: Reputational of being identified as a poor performing authority if next year’s PPF performance is substandard. 6.7 Customer Service: The PPF report provides Customers with an overview of the statistical and qualitative performance of the Council as the planning authority in a format that can be benchmarked with other authorities. 6.8 Climate Change: None Executive Director with responsibility for Development and Economic Growth: Kirsty Flanagan Policy Lead: Councillor Kieron Green 2nd February 2023 For further information contact: Peter Bain – 01546 604204 APPENDICES Appendix A – Planning Performance Framework 2021/22 Feedback