planning-performance-agreement-template

Planning Performance Agreement

This agreement is dated [ ] between:

Cheshire West and Chester Borough Council (“CWaC”)

And

[ ] (“the Developer”)

In respect of the following proposed development:

[ ]

At the following site:

[ ]

Reference number:

[ ]

1. Introduction

1.1 CWaC is the Local Planning Authority for the area in which the proposed

development as described above is located.

1.2 The Developer has commenced pre-application discussions with CWaC with

the intention of submitting a planning application for the proposed

development. As the proposed development falls within the Major category as

defined by DCLG, a PPA has been deemed as a necessary requirement

under the terms of CWaC’s Performance Agreements protocol.

1.3 CWaC and the Developer have agreed to enter into this PPA, covering the

handling of the four key parts of the process as described below:

i. Inception - To agree the process prior to the submission of the

application, including EIA scoping/screening, identification of key

issues, identification of key persons for both CWaC and the Developer,

identification of external bodies and organisations and contact if

required pre-submission, the nature and scope of community

consultation pre-submission, s106 requirements and the documents

and fee to be submitted with the subsequent planning application.

ii. Application consideration - To agree general performance standards

and key dates once the application has been submitted, including

validation, formal consultation, update meetings, projected Planning

Committee date and period for referral (if required),

iii. Post Committee - Period for completion of s106 formalities (if

required), final date for Decision Notice to be issued and the discharge

of conditions (if required).

iv. Unexpected events - To agree a process for dealing with unexpected

issues that may arise through the life of the application, for example if

additional information or amendment is required, which may result in

the need for re-consultation.

1.4 Nothing in this agreement shall restrict or inhibit CWaC from properly

exercising its role as the Local Planning Authority. Nothing within this

agreement should be taken as guaranteeing the grant of planning permission.

The subsequent planning application will be considered and determined on its

own merits, against adopted planning policy and guidance and any other

material considerations in the same manner as an application without such an

agreement. The purpose of the agreement is to remove the uncertainty that

can be associated with the consideration of large and complex planning

applications and agree standards with respect to the mechanics of the

process only, with no reference to outcome whatsoever.

1.5 Nothing in this agreement shall restrict or inhibit the Developer from

exercising their right of appeal under Section 78 of the Town and Country

Planning Act 1990 (or as subsequently amended).

2 Term of agreement

2.1 This agreement shall have effect from the date first appearing above until the

Decision Notice issue date specified in this agreement.

2.2 The Term will be subject to review as may be agreed between the CWaC and

the Developer.

2.3 The agreement will be terminated where:

i. The Developer submits an appeal in relation to the planning application(s)

under Section 78 of the Town and Country Planning Act 1990 (as amended);

or

ii. The planning application(s) is (are) called in by the Secretary of State under

Article 77 or a holding direction is issued under Article 14, of the Town and

Country Planning Act 1990 (as amended).

3 Timescales and obligations

3.1 Both parties will act with fairness and in good faith in respect of all matters

related to the handling of the planning (and related) application(s) and will

work jointly in complying with their respective obligations under this

agreement.

3.2 Both parties will address expeditiously any requests for clarification and/or

further information.

3.3 Both parties undertake to meet and/or discuss matters by telephone or e-mail

in a spirit of co-operation and where necessary seek early resolution of any

areas of misunderstanding or dispute.

3.4 CWaC and the Developer will use their reasonable endeavours to adhere to

the timetable for the project.

3.5 The timetable will be reviewed between both parties and amended as

necessary to take account of any relevant but unforeseen matters that might

arise.

3.6 In terms of the four key parts of the process as described in paragraph 1.3

above, the timetable shall be as follows:

Inception

The Developer will contact CWaC and request a preliminary pre-application

discussion, in order to establish a planning point of contact and to discuss the

general scope of the development proposals and the information that will be

necessary to commence the formal pre-application process. Once contact has

been established, the Developer will be referred to the council’s pre-application

policy and advised to submit a formal pre-application submission with the

appropriate fee (for large-scale Major proposals, the separate fee for the PPA will

be discussed during pre-application discussions). The Developer will also be

advised that the submission of an application without a formal pre-application

discussion will restrict the ability to engage with the planning department and

influence the stages of the process once the application is under consideration

and that statutory time limits will be adhered to.

Once the formal pre-application submission has been submitted, the designated

Case Officer will make contact with the Developer within [ ] days.

The following Officers from CWaC will be key contacts through the life of the

agreement:

The following people on behalf of the Developer will be key contacts through the

life of the agreement:

The following documents will need to be submitted with the application:

Plans

S106 draft Heads of Terms

(Plus other documents / information to be discussed and agreed)

The following community consultation is to be carried out by the Developer prior

to the submission of a planning application (if applicable):

The following fee will be submitted with the planning application (subject to any

subsequent amendment to the fee regulations):

£

The following additional resources, to be funded by the Developer, will be

required through the application process:

Item Cost

[ ] £

Total: £

The above total sum will be paid in full / in instalments / by the following date(s):

[ ]

The above-quoted figures may be estimates and the final figure for each item

may not be know until after an invoice is issued to CWaC. At that point, CWaC

will issue an invoice to the Developer in respect of the final full cost of every

agreed item as detailed above.

Additional external organisations / bodies that will require notification and / or

consultation by the Developer prior to the submission of the application:

Application consideration

Once the application with all necessary documents and fee (as agreed at

inception stage) has been submitted, CWaC will validate the application within

[ ] working days and will commence the consultation process within [ ]

working days. The final date for consultation responses will be communicated in

writing to the Developer immediately following commencement of the

consultation process.

Progress meetings involving CWaC and the Developer will be held at [ ]

intervals following the commencement of the consultation process, with

attendees and the venue to be discussed and agreed in advance. For all

applications, CWaC and the applicant should make regular contact to ensure that

the dates specified in this agreement are to be met.

Both parties agree that it would be beneficial for work to commence on any

Section 106 agreement(s) as soon as possible after the validation of the

application(s); CWaC will instruct the Council’s Head of Legal and Democratic

Service to progress the draft S106 Agreement in association with the Developer’s

legal representative within four weeks of validation of the application(s), unless

both parties agree otherwise. The relevant legal contacts for the s106 agreement

will be as follows:

CWaC:

The Developer:

The application will be presented to the (Strategic) Planning Committee on the

[ ]. If there is any reason why this date cannot be kept, CWaC will contact the

Developer as soon as possible / the matter will be discussed at the next progress

meeting (whichever is the sooner) to explain the reasons why and negotiate a

new date as soon after as possible.

Should the item be deferred by Planning Committee, CWaC will contact the

Developer within [ ] days of the meeting to discuss the reasons for deferral and

to achieve written agreement of a timescale for the submission of additional

details, any additional consultation requirements and the date of the soonest

available Planning Committee. The Developer will forward any agreed additional

/ revised information within [ ] days of the date of agreement. CWaC will carry

out any necessary re-consultation within [ ] days. A revised final date for the

issue of the Decision Notice will also be discussed and formally agreed.

Post Committee

Following Committee, the application will be referred to the Secretary of State /

HSE/ other statutory body (if required) within [ ] days of the Committee date. In

such an instance, the final date for the issue of the decision (see below) will be

amended to take account of the deadline advised by the SoS / HSE / other

statutory body in the subsequent acknowledgement letter.

Any s106 agreement deemed as necessary at pre-application stage, or as

discussed and agreed following submission, will be finalised and completed by

both parties within [ ] days/weeks of the date of the Planning Committee

meeting.

The final Decision Notice will be issued by the [ ].

Should the application be subject to conditions requiring discharge, the

Developer should contact the Case Officer to discuss requirements prior to the

submission of a formal discharge application.

Unexpected events

Undertaking detailed and meaningful pre-application discussions should reduce

the possibility of unforeseen events arising that may place the dates in this

agreement in danger of not being met. Should unforeseen issues arise for either

CWaC or the Developer, it is essential for contact to be made to the other party

as soon as possible to discuss the implications and whether it is possible to

resolve the matter within the confines of the existing agreement. If this is not

possible, then both parties should discuss a plan to overcome the issue and

agree a fresh timescale. There is no compulsion on the part of the Developer to

agree to any new timeframe, but in the absence of such a revised agreement, it

must be understood that a decision will be issued within the originally-agreed

timeframe on the basis of the information already submitted.

Should any disputes arise during the life of the agreement, including fee

disputes, the party raising the dispute shall put the details of the dispute and the

desired outcome in writing to the other party as soon as practicable and shall

allow 14 days for the other party to respond. The response shall include whether

the other party agrees that the dispute requires resolution and full reasons for

this consideration. If both parties agree to resolution, then a meeting shall be

organised if necessary as soon as practicable for the matter to be discussed and

resolved. If possible, the matter should be resolved by exchange of

correspondence. In any event, any revised agreement shall be signed by both

parties within 14 days of the date of the reply by the party responding to the

dispute. If these time periods would mean a resolution beyond the end date of

the agreement, then both parties shall agree to a minor time extension in writing

to allow the dispute to be resolved. If any party refuses such an extension, then

the dispute will not be entertained by the other party and the application will be

determined accordingly.

No disputes will be entertained if submitted after the agreement has expired.

Signatures (one signed copy for each party)

Signed by the parties or their duly authorised representatives:

The Developer [ ]

Signed [ ]

and duly authorised [ ]

for and on behalf of [ ]

Cheshire West and Chester [ ]

Borough Council