Concept

The Government Planning Green Paper – Planning: Delivering a Fundamental Change (December 2001) – suggests the use of Delivery Contracts, agreed between applicants and Local Planning Authorities, in order to provide greater certainty for larger and more complex development proposals.

A Delivery Contract is an informal undertaking reached between the Council and a developer in order to agree a timetable for delivering a decision on a planning application.  It is intended that each major planning application would have its own tailor-made Delivery Contract.  This leaflet summarises the general framework for individual Delivery Contracts.  Full copies of the Model Delivery Contract are available on request.

The Council has introduced the Model Delivery Contract in order to build upon the good relationship that it has with the local development industry through the Open Planning Forum.  The Model Delivery Contract has been the subject of consultation with the Open Planning Forum.

The key vehicle to be used in carrying out the Model Delivery Contract arrangements is the Council’s Development Team (please see separate leaflet on this).

Pre-Application Dialogue

In order to minimise uncertainty during the processing of planning applications, a detailed pre-application dialogue needs to take place between the developer and the Local Planning Authority.  A productive dialogue at this stage helps towards the early resolution of issues and also helps to ensure that the application is presented and includes appropriate information to enable the proposal to be assessed and understood by the Local Planning Authority, consultees and stakeholders.  This dialogue should take place through the Council’s established Development Team approach and involves the following key stages:

1.         Initial discussion between developer and Major Development Manager in order to discuss submission to the Development Team.

2.         Developer makes submission to the Development Team, including information as agreed with Major Development Manager. 

3.         Proposal considered at one of the regular Development Team meetings.  Response of Development Team issued within agreed timescale.  Planning Case Officer, who will project manage the planning application, identified at this stage.

4.         Draft Project Plan for the development submitted by developer for agreement.  This should include a programme for pre-application discussions, intended date for the submission of the planning application, required date for receipt of planning permission, and other key milestones that have implications for the planning process.

5.         Meetings held between the developer and the Development Team in accordance with the agreed Project Plan.  The key objective of this stage of the process is to work up the proposal to an appropriate format and level of detail in order for the application to be properly considered by the Local Planning Authority, consultees and stakeholders.  Draft heads of terms of any necessary legal agreement can be established at this stage.

6.         Prior to submitting the planning application, the Project Plan will be reviewed in the light of the dialogue that has occurred since the first draft was agreed.  The Project Plan, with any necessary amendments, will be agreed.  It is important to note, however, that the Project Plan may require further amendment in order to take account of occurrences during the life of the planning application, for example as a result of the input of consultees and stakeholders, and the democratic process in general.

Managing the Planning Application

The planning application will be processed in accordance with the agreed Project Plan, including the following key stages:

1.         Planning application submitted in accordance with the format and level of information agreed during the Development Team process.

2.         Following registration of the application the Planning Case Officer, acting as Project Manager for the processing of the application, shall arrange for the formal consultation of all relevant consultees and stakeholders.  Internal consultees shall be those officers forming the Development Team for the proposal.  At this stage the Planning Case Officer and the developer will agree a timescale during which a ‘First Review’ meeting will have taken place, which will be following the receipt of the majority of comments on the application.

3.         Prior to the First Review meeting taking place, the Planning Case Officer shall write to the developer, setting out the detailed comments received from consultees and stakeholders.  This letter will confirm the draft heads of terms of any required legal agreement, and the Council’s Legal Services will commence the drafting of the agreement at this stage. 

4.         A First Review meeting shall take place in order to establish and discuss any outstanding issues that have to be resolved prior to reporting the application to Committee.  Depending on the extent to which issues have been resolved, a Committee date may be identified at this stage.  When a Committee date is identified, a deadline for the receipt of final information relating to the application shall be agreed.  Any further information shall be requested at this stage by the Planning Case Officer and a timescale agreed for the receipt of this.  A programme of further review meetings shall be agreed if these are deemed to be necessary.

5.         Following the conclusion of discussions, the Planning Case Officer shall send the developer a draft list of conditions and a draft legal agreement.  This will be sent prior to the Committee meeting, giving the developer an agreed period to consider these matters.  Prior to the Committee meeting, the developer will comment on the draft conditions and legal agreement.

6.         Following the Committee meeting, the Planning Case Officer will write to the developer, setting out the Committee resolution and highlighting any matters that must be resolved before a decision notice is issued.  Information relating to these matters shall be provided by the developer within an agreed timescale.  Once all outstanding matters have been resolved, the legal agreement shall be completed and the decision notice issued within an agreed timescale.

7.         A programme of monitoring the discharge of conditions shall be agreed between the developer and the Planning Case Officer.

Important Notes

All meetings and correspondence prior to the registering of an application will be treated as confidential.

In the interests of consistency, this procedure will also apply to planning applications submitted by, or on behalf of, the Council.

This procedure has been brought in to help the Council achieve the Government’s target of determining major planning applications within a period of 13 weeks.  By introducing the approach set out in this leaflet, the Council aims to maximise the opportunities for achieving this target.

How to Contact Us

Further information on the Model Delivery Contract arrangements can be obtained from the Major Developments Team, whose contact details are as follows:

Tel: 01225 477503 or Email: development_control@bathnes.gov.uk