The Provision of External Planning Consultancy Support

Produce the Council’s case for appeals whether by written representation; hearing or public inquiry. This will include (as appropriate) the preparation of the Council’s statement of Case, any statement of Common Ground, Proofs of Evidence, draft section 106 agreements and conditions and in the case of IH’s and PI’s attending the Hearing/Inquiry to provide the Council’s evidence. This work to include liaison with the Council’s appointed advocate as required.The work will largely relate to appeals as a result of decisions taken by the planning committee contrary to officer recommendation. It could also be required to support at appeal officer recommendations to refuse planning permission. If you are a successful bidder for work in A above, you may also be called on to defend at appeal any recommendations you make on planning applications.This work to be done in accordance to the relevant timescales

• receive and advise on the validity of planning applications upon receipt from Council; ensure all statutory consultations and notifications, required under the Councils Statement of Community Involvement and regulations, have been undertaken and instigate additional consultation and publicity as may be necessary; • undertake site visits making sufficient site notes and taking photographs to aid assessment of the proposal; • negotiate amendments to secure compliance with the Council’s policies, supplementary planning documents, guidance, the NPPF and NPPG and any consultee and public representations as may be appropriate; • prepare a written report with a reasoned and justified recommendation supported by planning conditions or reasons for refusal for consideration by the Planning Manager and where necessary Council’s Planning Committee;• present the report in good time for a decision to be made within the statutory/agreed timescale; • attend the Council’s Planning Committee as necessary to support the recommendation.

Carry out investigations of alleged breaches of planning control including site visits and meetings with complainants and operators, researching relevant planning histories; consulting with relevant external agencies and Council departments; producing a written report and recommendation as to appropriate action taking account of Council policies, the NPPF and NPPG and other material considerations.The work will include meetings as required with applicants or their agents and representing the Council at such meetings. In addition it will involve liaising with other council departments and external agencies on coordinated action.Produce the Council’s case for appeals whether by written representation; hearing or public inquiry. Appear as Council’s witness in court proceedings.

Carry out a full Landscape and Visual Impact Assessment in respect of specific planning applications. The work will include an assessment as required of any submitted LVIA or equivalent by the relevant applicant.The work will include meetings as required with applicants or their agents and representing the Council at such meetings.The completion of a report on the findings upon which the Council can rely for informing recommendations and decisions on planning applications and its approach to appeals and other related matters.When necessary to act as the council’s expert witness at a planning appeal when highway issues are contested. To prepare LVIA as may be needed in the preparation of a Local Plan, Local Plan Review or the preparation of Supplementary Planning Guidance.

Carry out a full highway assessment or other highway related surveys and reports in respect of specific planning applications as and when the council takes a view contrary to that of Derbyshire County Council Highway Authority. The work will include an assessment as required of any Traffic Impact Assessment or Transport Assessment (or equivalent) submitted with the application.The work will include meetings as required with applicants or their agents and representing the Council at such meetings.The completion of a report on the findings upon which the Council can rely for informing its approach to appeals and other related matters.When necessary to act as the council’s expert witness at a planning appeal when highway issues are contested.

Carry out a review of viability assessments submitted with planning applications assessing the costs and incomes and evaluate the ability of the development to deliver the full planning policy expectations including the requirements made of it through S106 of the Town and Country Planning Act. The work will include a review of all relevant consultee comments, meetings as required with applicant’s or their agents and representing the Council at such meetings.The completion of a report on the findings upon which the Council can rely for informing recommendations and decisions on planning applications and its approach to appeals and other related matters.When necessary to act as the council’s expert witness at a planning appeal when viability is contested.

When called upon, to advise on any planning matter needing legal interpretation or direction. This may involve development management issues or matters relating to the preparation of a Local Plan or other planning policy document.This may be a one-off request for advice requiring reading instruction papers, phone calls with the Assistant Director of Planning or Head of Planning, a conference in person or remotely and may or may not conclude with the preparation of written advice.It may include the need to advise on the most effective approach to dealing with a planning appeal including all aspects leading up to and in a Public Inquiry.It may include advice on the preparation of a new Local Plan, Local Plan Review or the preparation of other policy document.

When called upon, to carry out direct action to remove waste or stored items, advertisements, structures or buildings that do not have the necessary consents of the Local Planning Authority and where remedies through other enforcement powers have not been achieved.