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1.2 Coupled with this the recent planning peer review identified the lack of documented
pre application advice as a potential problem in providing clear and consistent
advice on similar schemes. They suggested a formalised scheme that could be
controlled and audited. However the provision of pre-application advice, particularly
on significant and major schemes can be time consuming and involve a complex
assessment. In view of this and taking into account the increased number of
requests for pre-application advice and meetings, some Councils have found it
necessary to introduce fees. The charges aid the continuation of this discretionary
service which is promoted at national government level as well as local, often at an
enhanced level, and ensure that the cost of providing advice does not fall as a
general cost to council tax payers.
2. Current Position
2.1 Among the Councils that have started to charge for pre-application advice in
London are Barnet, Bexley, Brent Camden, Enfield, Hammersmith and Fulham,
Havering, Merton, Newham, Redbridge and Westminster. The charging structure for
each authority operates in a slightly different manner. For example, some have
formalised pre-application advice with forms to complete, some make preapplication
meetings compulsory, whilst some restrict the charge to major
applications whilst others charge a small fee (£20) to respond to a pre-application
enquiry by letter or to meet a householder on site.
2.2 The level of pre-application advice also differs. Whereas some local authority
planners merely meet developers and provide impromptu advice, others prepare a
file of relevant information before the meeting, which could include, for example,
Highways Engineers advice and then produce a written record on the advice given
at the meeting.
2.3 The Development Control Section at present speak to developers by telephone or
by exchange of e-mails and letters. Alternatively developers will call at the planning
reception desk for verbal advice. For larger more complex proposals developers
will usually make appointments. However there are a substantial number of quite
complex applications which are submitted cold with no prior contact of any sort.
3. Issues
3.1 Charging powers
3.1.1 The Planning and Compulsory Purchase Act 2004 changed the situation further and
extended the powers to charge fees for local planning authority activities. Under
this Act the power to charge is no longer tied to planning applications. Fees can
become chargeable in respect of any function of the Local Planning Authority (LPA),
or anything else done by them that relates to such a function. Secondly, the new
provisions allow for fees and charges to be levied for “…the performance by the
LPA of any function they have”. This means that it is not confined to functions
conferred by planning legislation. It is significant that the Act refers not only to
“fees” but also of “charges”, allowing the regulations to make use of an alternative
approach to charging which is not dependent on a fixed fee level.
3.1.2 The ODPM (now the Department for Communities and Local Government (CLG))
commissioned a report from consultant Ove Arup on the issue of fees and charges.
Ove Arup reported that “Regulation might allow a LPA, in relation to a particularly
complex application, to charge for their full costs of handling and determining it; or
to establish their own costing regime for providing pre-application advice. It would
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