Report on Review of Planning Consultations Processed by the Environmental Protection Unit, June 2007
From Nigov
Contents |
Relevant Background Information
Belfast City Council is a statutory consultee of the Planning Service under the Planning (NI) Order 1991 and the Town Planning Committee provides the mechanism for consideration of the applications.
In addition to and separate from this formal consultation process, the Environmental Protection Unit (EPU) located in the Environmental Health Service is also consulted on a wide range of planning applications. This is a complementary process and whilst planning is essentially a land use matter, the EPU is primarily concerned with ensuring that development takes place in a way which prevents pollution and does not have adverse impacts on the environment or human health.
The role of the EPU is to assess the environmental impact of the proposed development, with particular reference to matters in relation to its statutory enforcement functions (e.g. statutory nuisance, noise, air quality) or for which no current statutory enforcement exists (e.g. light pollution, contaminated land), and to
provide comment and recommendations in order to prevent or control detrimental environmental health consequences. Loss of amenity is also an important factor and *it is considered in its wider context by the EPU and not just from the narrow perspective of statutory nuisance.*
The EPU is currently struggling to process the increasing numbers of complex planning consultations within a suitable time frame and the resultant delay has the potential to have a negative impact in working in partnership with the Planning Service and a potential adverse impact on relationships with applicants and developers.
Key Issues
In 1998 the EPU agreed a code of practice with the Planning Service stipulating a response time of 10 working days; with a 95% target for compliance. Initially this performance target was exceeded, but in the last 4 years the level of compliance has declined. A significant reduction in the turn-around target has occurred over recent months (as detailed in the tables below) and this has had a knock-on effect on the Planning Service with consequential delays for both applicants and developers. The validity today of the previously agreed service level may be questionable, however, it is acknowledged that the current delays in the turn-around times for planning applications being processed by the EPU, and the resultant knock on effects is a cause for concern.
Performance
Yearly Trends
|Year |Actual |Unit |Total number planning | | |Performance |Target |applications received | | |% |% | | |2006/07 |59 |95 |1207 | |2005/06 |80 |95 |831 | |2004/05 |94 |95 |853 | |2003/04 |92 |95 |827 | |2002/03 |98 |95 |702 |
Monthly Trend
|% Response |J |F |M |A |M |J |J |A |S |O |N |D |Target % | |2006 |78 |90 |90 |86 |90 |75 |86 |88 |76 |89 |78 |39 |95 | |2007 |23 |13 |57 |65 | | | | | | | | |95 |
There are several inter related reasons for the increasing delays. The most significant reason is related to the number of applications received which has increased due to a development boom in the city, particularly with regard to brownfield sites. In 2006/7 there was a 31% increase in the number of plans received compared to the previous year.
However, a numerical figure alone does not give an accurate reflection of the problem. A key issue is the increasing complexity of applications and the analysis and comments required to be made on supporting scientific data. This is particularly relevant to applications with contaminated land or air quality implications as these are areas where technology, scientific knowledge and government guidance are continually changing and evolving.
In 2005 the Council designated 4 Air Quality Management Areas. An air quality action plan has been drawn up in conjunction with partner organisations to influence and improve air quality both within these areas and across the whole of the city. Consequently, developments that may result in a deterioration of air quality are now required to submit air quality assessments to the EPU. These reports require detailed appraisal and often contain modelled predictions of future levels of specified pollutants relevant to National Air Quality Objectives. Their appraisal requires detailed scientific knowledge and an understanding and application of evolving technical guidance. The reports are lengthy, complex and time consuming to appraise. Additionally, the number of staff in the EPU with the necessary skills to appraise these reports has reduced.
Similar problems also exist with regard to contaminated land appraisals. Although the statutory regime for contaminated land will not be implemented until April 08 the EPU currently appraise plans, having regard to the site history to ensure all health risks are addressed in accordance with existing guidance. Again this is a complex and time consuming process requiring knowledge and understanding of chemical processes, human exposure pathways and detailed risk assessments and again the number of staff within the EPU with appropriate appraisal skills has reduced, adding to the problem.
The loss of experienced Environmental Health Officers (EHOs) has been as a result of turnover, maternity leave, and redeployment within a pool of EHOs. These staff have been replaced in terms of numbers; however the level of expertise required takes a significant time period to develop and suitably tailored training is difficult to source. The remaining skilled team members are over burdened
with a back log of planning work and find it challenging to provide additional mentoring and support for the new team members. The small number of EHOs on the Unit, who also respond to an ever increasing number of service requests such as noise problems, mean that the loss of a team member even for a short period can have a significant effect on performance.
Whilst a number of short term measures have been put in place since February to deal with the backlog in planning applications and the shortage of fully competent staff, and there has been significant improvement in performance there is concern that this will only provide a stop gap and will not prevent the situation arising again in the future which could present a significant reputational risk to the Council as well as causing delays in potentially important development in the City.
In view of the above issues it is therefore proposed that the Business Improvement Service undertake an independent review of the capacity of the EPU to appraise plans. It is anticipated that this review will not only examine staffing levels, training and retention issues but also consider alternative methods of service delivery;- for example by having dedicated staff/scientific expertise for complex planning issues.
Resource Implications
It not possible at this stage to anticipate the outcome of the review. Any staffing and/or cost implications will be included in a subsequent report following completion of the review.
Recommendations
It is recommended that the Committee gives approval for the Business Improvement Service to conduct a review of the EPU's capacity to appraise plans, and to receive recommendations from this report in due course.
Key to Abbreviations
Abbreviations are explained within the body of the report.
|
