Episode 149 - Public Consultations

This week we will be talking about Public Consultations. This episode content meets PC1 - Professionalism and PC2 - Client, Users & Delivery of Services of the Part 3 Criteria.

Resources from today's episode:

Websites:

• https://www.gov.uk/guidance/consultation-and-pre-decision-matters#Public-consultation

Planning Application Consultation Legislation:

• https://www.legislation.gov.uk/uksi/2015/595/article/15/made

Permission in Principle Consultation Legislation:

• https://www.legislation.gov.uk/uksi/2017/1309/article/4/made

Permitted Development Consultation Legislation:

• https://www.legislation.gov.uk/uksi/2015/596/schedule/2/made

Listed Building Consultation Legislation:

• https://www.legislation.gov.uk/uksi/2004/2210/regulation/2/made

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Transcript

Episode 149:

Hello and Welcome to the Part3 with me podcast. 

The show that helps part 3 students jump-start into their careers as qualified architects and also provides refresher episodes for practising architects. I am your host Maria Skoutari and this week I will be talking about Public Consultations. Todays episode meets PC1 & 2 of the Part 3 Criteria.

Make sure to stay until the end for today’s scenario. 

When we say generally, Consultation what do we mean, what is a consultation:

Consultation is any activity that gives local people a voice and an opportunity to influence important decisions. It involves listening to and learning from local people before decisions are made or priorities are set. It involves different parties trying to reach an agreement or for more formal or detailed pieces of work aimed at finding out what residents think about significant changes or proposals that affect them, such as plans to close schools, regenerate or redevelop a local area, or planning applications.

Councils sometimes have a statutory requirement to consult their residents for planning, draft legislation and rules, budgets, policy development or redevelopments. Statutory consultations are bound by legal requirements, such as Best Value legislation, and can have strict rules surrounding how they should be conducted. If a statutory consultation is not run in line with those rules Councils could be liable for a judicial review.

There are also a range of other non-statutory reasons that a consultation exercise may be sought for. 

These include:

• to improve planning, policy and decision making
• to make better use of resources
• to access new information, ideas and suggestions
• to encourage greater participation in the activities of the council
• to govern by consent, which is a full and fair consultation, with careful consideration of all views, can strengthen the legitimacy of the prevailing view among those people not in favour of the final decision
• to measure residents’ satisfaction with the council
• to shape council activities around residents’ needs and aspirations

Non-statutory consultations have no legal status but do enable councils to hear from a representative cross-section of the population.

Essentially statutory consultations are ones undertaken by the Local Authority once an application has been received where views on a proposed development can be expressed. The other is a public consultation process applicants can undertake to demonstrate they have fully considered the views of a wide range of stakeholders and responded to their views. 

So, what steps must the local planning authority under the statutory consultation process take to involve members of the public in planning applications:

Local planning authorities are required to undertake a formal period of public consultation, prior to deciding a planning application. This is prescribed in article 15 of the Development Management Procedure Order (as amended), which states:

‘An application for planning permission must be publicised by the local planning authority to which the application is made in the manner prescribed by this article. An application falling within paragraph (2) of the article must be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice:

1. (a)by site display in at least one place on or near the land to which the application relates for not less than 21 days; and
2. (b)by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

In the case of an application for planning permission which is not a paragraph (2) application, if the development proposed is major development the application must be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice:

(a)(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days; or

(ii) by serving the notice on any adjoining owner or occupier; and

(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

In a case to which neither paragraph (2) nor paragraph (4) applies, the application must be publicised in accordance with the requirements in paragraph (7) and by giving requisite notice:

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; or

(b) by serving the notice on any adjoining owner or occupier.‘

So those are the arrangements for a standard planning application process.

Now, there are separate arrangements for applications for permission in principle which are set out in Article 5G of the Town and Country Planning (Permission in Principle) Order 2017 (as amended), which states:

‘An application for permission in principle made to a local planning authority must be publicised by the authority—

1. (a)in accordance with the requirements in paragraph (3), and
2. (b)by giving requisite notice by site display in at least one place on or near the land to which the application relates for not less than 14 days.’

For listed buildings, there are separate requirements again, which are set out in regulation 5 and regulation 5A of the Listed Buildings and Conservation Area Regulations 1990 (as amended), the regulation states:

‘Subject to paragraph (3), where an application under regulation 3 or 4 is made to a local planning authority in respect of any building the authority shall–

(a)publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and

(b)for not less than 7 days display on or near the said building a notice containing the same particulars as are required to be contained in the notice to be published in accordance with sub-paragraph (a).

A similar statement is also noted under regulation 5A.’

And lastly, for applications for prior approval for development which is subject to permitted development rights which are set out in Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), which states:

‘The local planning authority must notify each adjoining owner or occupier about the proposed development by serving on them a notice which—

1. (a)describes the proposed development, including - (i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse; (ii) the maximum height of the enlarged part of the dwellinghouse; and (iii) the height of the eaves of the enlarged part of the dwellinghouse;
2. (b)provides the address of the proposed development;
3. specifies the date when the information referred to in sub-paragraph (2) was received by the local planning authority and the date when the period referred to in sub-paragraph (10)(c) would expire; and
4. (d)specifies the date (being not less than 21 days from the date of the notice) by which representations are to be received by the local planning authority.

The local planning authority must send a copy of the notice referred to in sub-paragraph (5) to the developer.’

So those are the steps the local planning authority needs to take to involve members of the public on the various applications. 

Once the public is made aware, who is eligible to respond to a consultation:

Anyone can respond to a planning consultation. In addition to individuals who might be directly affected by a planning application, community groups and specific interest groups, national as well as local in some cases, may wish to provide representations on planning applications. The formal consultation period will normally last for 21 days and following the initial period of consultation, it may be that further additional consultation on changes submitted by an applicant, prior to any decision being made, is considered necessary.

Then, once the consultation has concluded, the local planning authority will consider the representations made by consultees, and proceed to decide the application.

Now, referring to, Public Consultations or Stakeholder Engagement as it may also be known, that applicants are expected to undertake. Such consultations tend to occur prior to a formal planning application being submitted to the local authority. They may be undertaken as part of the process of developing a pre-application or to inform the applicant of the publics opinion prior to submitting the formal application. Consultations tend to be required for larger developments or developments that are likely to have a significant impact on people and neighbourhoods. Applicants under such circumstances are expected to have carried out a thorough public consultation prior to planning submission. Public Consultations are considered as emerging inclusive and continuous dialogue between a company and the public or stakeholders that encompasses a range of activities and approaches and spans the entire life of the project. They encourage the public to provide meaningful input into the decision-making process.

A public consultation helps applicants to demonstrate they have fully considered the views of a wide range of stakeholders and, where necessary, responded to these views in bringing forward their application. It also facilitates understanding on the proposal for the public, and problems and opportunities for the applicant. 

When we say public, who does this include:

So the public, also referred to as stakeholders, are individuals and organisations that are affected directly or indirectly by a project or a decision, as well as those who have the ability to influence the decision, both positively and negatively. They can also be people who simply have an interest in the project. For example, the public or stakeholders can include local businesses, neighbours, landowners, local government departments, community groups and so on. 

What tends to be involved in a public consultation and how is it typically conducted:

Public consultation activity may include the distribution of information about the development to local homes and businesses and capture any feedback via written or online correspondence. It may also involve the co-ordination and management of public events that bring members of the community and other representatives together to learn more about the development proposals.

On major developments or regeneration programmes, a much deeper public consultation may be needed where the applicant will need to keep all stakeholders involved and informed every step of way.

In terms of the process, a good public consultation should look at being:

• Targeted at those who most likely to be affected by the project
• Conducted early enough to scope key issues and have assist on the project decisions
• Be informed, meaningful by disclosing relevant project information in an understandable format and the techniques being appropriate to the local culture and customs
• Offer a two-way approach so that both sides have opportunities to exchange information, listen, ask questions, and have their issues addressed
• Be inclusive 
• Localised to reflect the local timeframes, context, decision making process and languages
• Free from manipulation and coercion
• Documented to keep track of who has been consulted and key issues raised
• Report back to stakeholders in a timely manner on consultation outcomes and next steps

To sum up what I discussed today:

• Consultation provides local people with a voice to have their say on local developments occurring within their community.
• They tend to be split into statutory and non-statutory consultations. Statutory Consultations are legally required by local authorities for planning, budgets, or redevelopment. Whereas non-statutory is conducted by applicants before formal planning submissions, particularly for significant developments. They involve engaging stakeholders to provide input and demonstrate that their views have been considered in proposals, fostering transparency and trust.
• Local planning authorities must publicise planning applications via notices such as site displays, newspapers, and so on. The processes and requirements tend to vary for full planning, listed buildings, permissions in principle and permitted developments.
• Good public consultations should be inclusive, localised, informed, and meaningful. They should target affected stakeholders, offer two-way communication, be free from manipulation, and be well-documented. Reporting back on outcomes and next steps is essential for transparency.