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Statement by the President of the Development and Planning Authority

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Wednesday 27 September 2017

An update on the Authorities position

Sir, it is with great pleasure that I deliver this statement as President of the Development & Planning Authority, which is responsible for advising the States on land use policy, developing and implementing land use policies through development plans and any other relevant instruments and for planning decision-making on our small but very special Island.  We believe that Land Use Planning is a crucially important part of Government. We see the whole of the Island's population as our stakeholders who should all benefit from the planning process and what it achieves for the Island's economy, environment and community.

The last year has been a busy one for both the Authority and the officers of the Planning Service who support us. For example, we steered the Island Development Plan through to unanimous approval by the Assembly, having dealt with a record number of proposed amendments on the way.  We have dealt with around 1600 planning applications, with only sixteen (16) refusals of planning permission since last November thanks to continuing positive engagement with applicants and the more flexible policies of the IDP.  We have approved 220 new residential units in the last year and 869 sq metres net of new industrial or storage space, including the re-use of two redundant vinery sites for storage/distribution under the new IDP policy provisions. In addition, there have been pre-application enquiries relating to re-use of 24 redundant vinery sites. The performance of both the industrial and residential sectors is an important barometer of the island economy and the approvals granted indicate the successful application of planning policy to support the wider economy.

I would note the change in D&PA membership earlier this year, with the resignation of Deputy Jeremy Smithies and appointment of Deputy Marc Leadbeater.  Whilst Deputy Smithies was a valued member, Deputy Leadbeater has taken over the mantle adding an extra dimension to our team. All of the Committee members work very well together and provide incisive challenge from a variety of perspectives to the wide range of committee business which regularly comes before us.

The IDP of course forms a major element of the D&PA's published Business Plan, which covers the period 2017-2020.  The IDP has introduced a suite of new policy approaches relating to such diverse matters as sustainable development, sites of special significance, affordable housing and community plans.  It has proved in practice to be as flexible, permissive and proactive as we claimed, enabling a more enlightened approach to development management, as evidenced by the extremely low number of refusals since last November, whilst providing robust policies to achieve the right forms of sustainable development in the right locations.  This has recently been acknowledged by the Chairman of the independent Planning Panel who has attributed the welcome reduction in the number of planning appeals to the clearer policy direction of the IDP.

Following the successful adoption of the Plan itself, there are statutory requirements for monitoring of its performance which includes quarterly statistics and an annual overview and recommendations. There are also many other elements which emerge from the IDP, including the preparation of Supplementary Planning Guidance.  This includes Development Frameworks which are required for certain housing development sites within the Main Centres and Main Centre Outer Areas and in the Local Centres, and in other instances described in the IDP. Of particular note at the present time is the published draft Development Framework for the Pointes Rocques Allocated Housing site in St Sampson. I would take this opportunity to correct a possible misapprehension that the location of that site within a conservation area might somehow prevent the development of what is, after all, a specifically designated site for housing. This is not the case. Although the site is situated within a conservation area, it is an allocated site for housing development and, therefore, housing can be built on this land. This was explained in detail in this Assembly when the designation of Delancey as a conservation area was debated last October.  However, the development must conserve and, if possible, enhance the character and appearance of the conservation area, as is the case with development in any of the Island's conservation areas.

The IDP also designates the Harbour Action Areas for St Peter Port and St Sampson. Taking forward the St Peter Port Harbour Action Area is recognised as a priority within the Policy & Resource Plan and will undoubtedly be a major element of work for the D&PA, with the need for a Local Planning Brief, Planning Inquiry and potentially an Environmental Impact Assessment, depending on the nature and scale of development proposed.

The D&PA has also been responsible for bringing policy letters back to the States in relation to land for industry and the provision of a café at the Stan Brouard Landes du Marche site through the introduction of Certificates of Lawful Use.  The process for taking Development Plans to the States has also been changed through amended legislation.  In addition, we have worked towards achieving a satisfactory outcome for retailing at the Oatlands Village complex and have commenced investigation of tariffs in lieu of affordable housing. The latter two matters were of course subject of a statement which I made to the Assembly earlier this year.

We have also brought in an amended Use Classes Ordinance.  This helps simplify and streamline the planning process for change of use by reducing the number of use classes from 44 to 28 and allowing more permitted changes of use, particularly within the industrial and storage and distribution sectors. This additional flexibility will particularly assist the performance of these important sectors of our economy, whilst still ensuring that amenity impacts on neighbours are minimised.

Furthermore, the new High Hedges (Guernsey) Law, 2016 will very shortly come into effect, on 2nd October.  Guidance for both the owner of a high hedge and their neighbour has been published to enable clear understanding of the process. This new Law will enable people experiencing significant problems with high hedges causing a barrier to light, and who have not been able to resolve their dispute through discussion with their neighbour, to make a complaint to the D&PA which will be dealt with under the new legislation.

I can also confirm that the Development & Planning Authority has submitted its formal request to the Policy & Resources Committee for the preparation of legislation to make provision for certificates of lawful use under the Land Planning and Development Law, for consideration by P&R as part of the current legislation prioritisation process. This was of course agreed by the States in relation to the provision of a café at Stan Brouard's premises at Landes du Marche, but the legislation will apply when enacted to any scenario, both current and those which may arise in the future, whereby an unlawful use can be declared lawful.

As well as its important role in land use policy formulation and the development of legislation, the D&PA is of course responsible for planning decisions. Most decisions on planning applications are taken by professionally qualified officers of the Planning Service under delegated authority, and Authority members will see very few of these applications.  The quality of service delivery is monitored at a high level by the Members of the D&PA and improvements are suggested where appropriate, and in accordance with the principles expressed in the Committee's Business Plan.

I would add that the Planning Service team of officers works exceptionally hard and is highly experienced in local planning matters.  Indeed, most of our planning officers were born on the Island or have lived in Guernsey for many years. However, the most contentious, high profile or atypical development applications are referred to the elected Members of the D&PA, and are then heard at open planning meetings held in public. 

In terms of overall staff numbers, and including vacancies which inevitably occur from time to time, the Planning Service has a total of 43 staff, or 39.8 full-time equivalents.   The D&PA's overall budgeted income for 2017 was £2,550,000, of which £1,475,000 was allocated through the States' budget allocation process and £1,075,000 was derived from fees and charges. 

Over the next year, our in-house project will be much closer to providing the ability for planning and building control applications to be made on-line and ultimately allowing Islanders to view submitted plans without having to visit our offices. We have also recently introduced an interactive version of the IDP, also developed in-house, which allows customers to use the IDP much more easily. 

In the meantime, the Authority and its Officers are continuing to work hard to deliver the Island's planning and building control services efficiently and effectively. For example, our Building Control Surveyors have been involved in detailed discussions regarding building cladding products in the wake of the Grenfell Tower disaster to ensure that nothing similar can occur on our Island. Our conservation officers have made excellent progress with the review of the Protected Buildings List and Guernsey now has a much more robust list of protected buildings of architectural and historic importance than has ever been the case previously. Eighty-six (86) previously protected buildings have been removed from the list as part of this process, whilst seventy-eight (78) which are worthy of protection have been added. The importance of our heritage buildings is now judged objectively against consistent and transparent criteria which were developed in conjunction with expert local stakeholders.

The Planning Service has devised and sponsored one of three Guernsey projects currently being considered as part of a pan-Channel Island practice-based learning Programme run by the UK Design Council.  This Programme was launched in Jersey on 19th September at a Master Class which was opened by Jersey's Chief Minister, Senator Ian Gorst, and which was attended by the D&PA's Vice-President, Deputy Dawn Tindall along with senior planning staff. Our project is a significant one which relates to key challenges around monitoring the effectiveness of IDP policy in sustaining and enhancing the vitality and viability of the Island's centres. This represents an exciting and valuable opportunity for Guernsey to work closely in co-operation with colleagues in Jersey and to benefit from the expertise and guidance of the Design Council as part of their wider mission of mainstreaming design in the public sector. It will help provide staff in the Planning Service with skills which can be used across the Organisation for other States projects and programmes. Guernsey will also be hosting a professional planner's conference, which begins tomorrow and runs to Saturday, for the first time since 2004.  This will give a welcome boost to staff morale and also provide our local planners with useful contacts with planners working in similar roles in the UK and elsewhere.

Sir, I am most grateful for the opportunity to make this statement which I hope has been helpful and informative for fellow States Members and the public concerning the work and priorities of the D&PA.  I am now happy to take any questions Members may have within the relevant Rules of Procedure although I am afraid that I will not be able to answer any questions relating to individual sites or applications, as obviously that would not be appropriate.

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