MD2568 Extension to Bishopsgate Goodsyard Planning Performance Agreeme
A Mayoral Decision (MD2350) on 13 May 2019 approved the receipt of up to £185,000 from Bishopsgate Goodsyard Regeneration Ltd to cover the costs associated with the processing of the called in Bishopsgate Goodsyard planning application pursuant to a Planning Performance Agreement (PPA).
An extension to the existing PPA of £75,000 exclusive of VAT is required to cover an increase in these costs.
The Mayor is asked to approve:
- the extension to the Planning Performance Agreement and the receipt of £75,000 exclusive of VAT on a cost recovery basis from the developer of the Bishopsgate Goodsyard scheme; and
- expenditure of £75,000 exclusive of VAT on the extension to the Planning Performance Agreement for in respect of the Bishopsgate Goodsyard scheme taking total expenditure to £260,000.
Part 1: Non-confidential facts and advice
1.1 Planning Performance Agreements were formally introduced into the planning system on 6 April 2008 and are principally aimed at major planning applications that need substantial amounts of officer time and negotiation throughout the life of the scheme and allow the GLA to charge for officer time taken up by the larger scale strategic schemes.
2.1 Retaining a dedicated and experienced Planning Officer to manage the Bishopsgate Goodsyard planning application process through to a Mayoral Hearing, ensuring that the proposal accords with London Plan, national and local planning policies and helps to deliver a comprehensive and sustainable redevelopment of this significant and strategically important site.
2.2 The expected outcomes are the Planning Officer will be continuing to:
- work collaboratively with the Applicant to ensure the efficient and expedient processing the Applications;
- co-ordinate a series of meetings with the applicant to cover all relevant technical and design matters;
- liaise and work with Officers at Hackney and Tower Hamlets Councils through to and following the submission of the amended scheme;
- manage and direct the work of specialist consultants, as required during the determination of the Bishopsgate Goodsyard planning application;
- provide professional/technical expertise in the decisions relating to agreeing formal revisions and the processing of the application, preparation of briefing notes or other advice. To deal with all aspects of this strategically important and highly complex planning application;
- schedule, organise and manage all aspects of the Mayoral Planning Hearing (plus any related consultations) to be held under Article 7 of the Town and Country planning (Mayor of London) Order 2008;
- to complete a detailed Stage III planning report and presentation in order to advise the Mayor and allow him to make a timely decision;
- brief and present to senior management, Deputy Mayors, the Mayor and, where necessary Council members representing Hackney and Tower Hamlets Councils as and when required; and
- contribute to the provision of a high quality, effective and efficient development management and planning service, and to have full regard to the objectives of the whole planning service and the GLA in carrying out the responsibilities of the post.
3.1 Under section 149 of the Equality Act 2010, in making these decisions “due regard” must be had to the need to eliminate unlawful discrimination, harassment and victimisation as well as to advance equality of opportunity and foster good relations between people who have a protected characteristic and those who do not. Protected characteristics include age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, gender, sexual orientation (and marriage or civil partnership status for the purpose of the duty to eliminate unlawful discrimination only). The Planning Officer would be expected to make themselves familiar with these core principles, and to apply the principles of the Equality Act as they apply to public bodies such as the GLA.
4.1 Mayoral strategies and priorities: The work is fundamental to the implementation of the Mayor’s London Plan which seeks to ensure that the city meets the challenges of economic and population growth with much needed housing and commercial floorspace along with other associating social infrastructure and transport infrastructure to enable the development.
4.2 Risk management issues: Regular monitoring of income will be necessary to ensure the costs of providing the service are covered and the income is spent within the Regulations associated with the Local Government Act.
4.3 Conflicts of interest: There are no conflicts of interest to note for any of those involved in the drafting or clearance of the decision.
6.1 A planning performance agreement (‘PPA’) is a project management tool which a local planning authority and an applicant can use to agree timescales, actions and resources for handling a planning application and in the case of a Mayoral call-in is agreed voluntarily with the applicant and the GLA after the Mayor exercises his power.
6.2 Pursuant to section 30 of the Greater London Authority Act 1999, the GLA has the power to do anything which it considers will further economic development, wealth creation, social development and improvement of the environment of Greater London. Consequently, the GLA has statutory powers to enter a PPA with an applicant for planning permission in circumstances where the Mayor has exercised his powers to determine a PSI Application.
6.3 Section 93 of the Local Government Act 2003 requires that any charge must be on a not-for-profit basis. Taking one year with another, the income from charges for planning services must not exceed the cost of providing them.
6.4 The foregoing sections of this report indicate that in formulating the proposals in respect of which a decision is sought officers have complied with the GLA’s related statutory duties to:
- pay due regard to the principle that there should be equality of opportunity for all people;
- consider how the proposals will promote the improvement of health of persons, health inequalities between persons and to contribute towards the achievement of sustainable development in the United Kingdom; and
- consult with appropriate bodies.
6.5 The Planning Officer will be expected to continue to make themselves familiar with these statutory duties and ensure they are reflected in the consideration of the scheme having full regard to the adopted planning policies in the London Plan and the planning policies in the Intend to Publish version of the new London Plan.
6.6 In taking the decisions requested, the Mayor must have due regard to the Public Sector Equality Duty; namely the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010, and to advance equality of opportunity between persons who share a relevant protected characteristic (race, disability, gender, age, sexual orientation, religion or belief, pregnancy and maternity and gender reassignment) and persons who do not share it and foster good relations between persons who share a relevant protected characteristic and persons who do not share it (section 149 of the Equality Act 2010). To this end, the Mayor should have regard to section 3 (above) of this report.