Using Planning Performance Agreements

Early use of Planning Performance Agreements (PPAs) by Local Planning Authorities and developers has highlighted some useful tips.

This case study draws on recent Local Planning Authority (LPA) and developer experience of using Planning Performance Agreements (PPAs) for large scale complex development proposals. The following examples highlight some principles which underpin the use of PPAs as a tool for improving the quality of planning applications and the decision making process.

Engaging early. Ideally parties should come together at the conception of a project and move on to forming a project team and agree the structure and content of the PPA as soon as possible. Guildford Borough Council has formalised a PPA with Thames Water and Surrey County Council on a site identified in its Area Action Plan. The ‘Slyfield’ site covers some 41 hectares on the eastern edge of Guildford and includes various sewage and waste treatment facilities and 11 hectares of undeveloped landfill. The Council is looking at the capacity to build around 1500 new homes with employment uses as well as a locating a new sewage treatments works and waste/recycling facilities. With such a complex project Guildford wanted to bring the key delivery partners together as early as possible and saw the PPA process as an ideal way of achieving this. John Davey, Project Manager at Guildford Borough Council stated that "The PPA itself provided a structural framework to go forward dealing with the project in a more controlled and constructive manner."

The three partners are committed to the PPA which sets out a shared vision and development objectives, a project team and decision making framework and a clear project plan and programme for moving the project forward. The Slyfield PPA has been very positive for Guildford resulting in good project management, improved working relationships and communication between partners, joint ownership of problems and early resolution of issues. Building a strong partnership has allowed technical studies to be commissioned jointly by all three partners. Also working together from an early stage has allowed more creative approaches, in this case exploring the opportunity for synergies between the waste and sewage treatment facilities.

Working collaboratively. A PPA cannot be imposed by any party but results from a process of collaboration between the LPA and the developer. Lancaster City Council employed a PPA approach to a major extension of its City Centre comprising retail, offices, residential and cultural facilities. The local community was sceptical and the City Council divided over the project. In response the City Council and the lead developer ‘Centros Miller’ jointly agreed some ‘Rules of Engagement’ and a flexible project plan as part of a Charter. They also formalised some Development Team workshops to work on the proposals.

Providing leadership and commitment. LPAs can use the PPA process to secure corporate commitment from other local authority services and ‘buy-in’ from developers to deliver major projects. Bristol City Council has jointly published a ‘Planning Protocol’ with representatives of the development industry. The focus of the protocol is on developing a partnership with the private sector but it also links to the City Councils Statement of Community Involvement. The City Councils Executive Member for Access and the Environment, the Director of Business West and the Chair of the Bristol Property Agents are signatories to the protocol which was formally launched in September 2007. Bristol considers such high level endorsement essential in underpinning its approach to PPAs. In particular this helps secure resources from within the authority to deliver targets and obtain the commitment from developers to work together in good faith and mutual trust. The Protocol includes clear targets and timescales for the City Council and commitments from developers when dealing with or submitting ‘major’ proposals.

Involving key stakeholders. PPAs can be a means of structuring approaches to engagement and agreeing who to involve. The Dove Lane Project in Bristol is located within the inner city area of St Pauls close to the regional shopping centre which is being expanded. It is a mixed use development comprising 700 homes, major office and business floor space plus retail and a hotel, together with a range of community facilities and open space. Bristol City Council and a development consortium (comprising’ Places for People’ and the PG Group) agreed to hold an independently facilitated inception day as part of the PPA process. Both wanted to engage with the local community and invited representatives from a local group called ‘St Pauls Unlimited’. The inception day was a success and led to the completion of a PPA in August 2007. In particular it provided a useful forum for sharing information, ideas and opinions and for making contacts; helped clarify the policy position for all parties; and scoped the evidence base. This example highlights when a readily identifiable group which is focused on a specific area and is representative of a local community can help to formulate a PPA. The developers have ensured that St Pauls Unlimited continue to be involved in the project following the signing of the PPA as part of their Community Engagement Strategy.

Allocating resources. PPAs can be resource hungry, but experience shows they are worth it. Both LPA and developer need to identify and commit appropriate resources to undertake agreed tasks to time. This may involve identifying a ‘project champion’ within the LPA. The experience of Bracknell Forest Borough Council highlights how using a PPA can improve the efficiency and effectiveness of the planning process. A PPA was signed with Persimmon Homes and Redrow for a site called Jennett’s Park. The scheme includes 1500 homes, a 12 acre business park and a neighbourhood centre as well as extensive open space on the edge of Bracknell. As part of the (then) Planning Delivery Agreement (PDA) Pilot Programme, ATLAS facilitated an ‘Inception Day’ in April 2006. The PPA was signed some six months later once processes and practices had been refined. Bracknell is now using the PPA process to manage pre-application negotiations, reserved matters applications and the post-decision activities (including S106 monitoring and discharge of conditions). The scope also extends to other areas where consents are required from Bracknell, for example as Highway Authority. This has achieved better workflow planning and improved performance in dealing with ‘major’ applications.

Reviewing and updating regularly. Over the lifetime of a project priorities can change and new or unforeseen issues arise. So it is vital that a PPA is regularly reviewed. Guildford Borough Council’s ‘Slyfield’ PPA was initially produced as a ‘working paper’ and has undergone various iterations. A Project Group will regularly update the PPA which will also be reviewed by a Project Steering Group which meets quarterly. London Borough of Lambeth and the Network Housing Group adopted a similar approach for a major housing stock transfer project in Stockwell Park in Brixton. The scheme required approval of an outline planning permission and so the Council decided to hold an ‘inception day’ which was facilitated by ATLAS. One of the outputs from the day was the production of a detailed project plan covering key issues and timescales which was reviewed and updated at a series of regular meetings. Lambeth case officer, Richard Saunders said, “ The PPA process provided a framework for the efficient handling of the planning application. It enabled both the local authority and applicants to track the application’s progress, identify key issues, agree on deadlines and timescales and revise these by agreement if necessary. It provided greater certainty in the process for all concerned.”

Inception Day Value Several inception days have now been held by the ATLAS team. The sessions allow key decision makers to come together and discuss project objectives, issues and expectations in an open and transparent manner. Participants have found that the session helps clarify areas of agreement and any gaps prior to defining the content of the final agreement such as for the Waverley scheme near Rotherham, where a former colliery site is proposed for large-scale employment and housing redevelopment. Participants stated that the inception day facilitated a maturing of the relationship between applicant and authority which has allowed for a more trusting and collaborative relationship to be formed. “The day was very useful in bringing the parties together, providing a framework for co-operative working and a positive impetus for resolving issues”  states Atisreal Director John Dunshea (who is acting for applicant UK Coal at Waverley). Furthermore, Paul Woodcock Director of Planning and Regeneration at Rotherham Metropolitan Borough Council stated that “..having high-quality impartial facilitators was critical to making significant progress in a short space of time”.

Examples of existing Charters and reviews of PPA processes that have been undertaken can be found below. For further information you may also wish to view the stakeholder presentations from the series of PPA dissemination events that ATLAS ran towards the end of 2007 (click here).