Common use of Development Management Clause in Contracts

Development Management. The County Council will screen the weekly planning lists where supplied by the Local Planning Authority or made available on their web sites to identify development or other proposals (such as applications to discharge conditions, prior notifications, etc.) which appear to have the potential to affect heritage assets or their settings. The Local Planning Authority may, if desired, send notifications or details of individual applications or other schemes (such as scoping assessments, Environmental Statements, etc.) received direct to the County Archaeology Service. Where details of development proposals identified under 1.3.1 above are available on a Local Planning Authority's web site they will be accessed and may be downloaded and stored locally. Where details of the development proposal are not available on a web site, they will be requested from the Local Planning Authority within 7 days of the receipt of the application list. Such details may be captured electronically and stored locally. Details of development proposals accessed as above will be assessed against the known heritage resource, following the guidance in the NPPF, its associated Practice Guide and best professional practice, as well as international, national, regional and local planning policy. Where insufficient information is available for such an assessment to be undertaken the Local Planning Authority will be informed of this and an appropriate course of action recommended. Where assessment of a detailed proposal does not indicate a significant impact on the heritage resource this may be noted locally but the details of the proposal will not normally be retained by the County Council. The Local Planning Authority will not normally be notified of such an assessment result if the proposal was identified directly from a web site or weekly list. Where a potentially significant impact on the heritage resource is identified the County Council will provide some or all of the following: A statement of the likely heritage implications; Advice on further action or mitigation procedures that will be appropriate to safeguard the heritage interest of the site; Recommendations for any further investigation required before any planning decision is made; Recommendations that some or all of the heritage resource is preserved in situ at the expense of development Recommendations that planning conditions or other measures will be required to ensure the recording or protection of the identified archaeological resource. These items will be provided within 21 days of the publication of the relevant weekly list (or other timescale which has been prior agreed with the Authority) and where possible sent to the Local Planning Authority by email. The advice service provided to the Local Planning Authority will not include the following: Direct provision of advice, specifications or briefs to developers, contractors or other third parties; Site visits, meetings and discussions with developers, contractors or other third parties, except where called by and for the benefit of the Local Planning Authority; The provision of comments on specifications, written schemes of investigation, draft reports or other documents supplied direct by developers, contractors or other third parties. Upon request the County Council will screen Hedgerow Removal Notices against the heritage criteria set out in the Hedgerow Regulations 1997 and any succeeding regulations or advice. Written support for planning appeals, public inquiries and enforcement actions will be provided where resources allow, but this will need to be agreed in each case (see below). Resource implications are likely to mean that attendance by LCC specialists at planning inquiries, hearings, etc. will require additional funding beyond the fee set for this SLA. This service shall not be provided in the event that the Local Planning Authority's planning decision conflicts with County Council archaeology service advice. The County Council will not obtain specialist legal advice on the validity of any information or evidence provided or supply separate legal representation for any County Council staff and this shall be obtained and provided by the Local Planning Authority directly.

Appears in 1 contract

Sources: Service Level Agreement

Development Management. The County Council will screen the weekly planning lists where supplied by the Local Planning Authority or made available on their web sites to identify development or other proposals (such as applications to discharge conditions, prior notifications, etc.) which appear to have the potential to affect heritage assets or their settings. The Local Planning Authority may, if desired, send notifications will make available on its web site or details of individual applications or other schemes (such as scoping assessments, Environmental Statements, etc.) received direct to the County Archaeology Service. Where otherwise promptly supply regular planning application lists and appropriate details of development proposals identified under 1.3.1 above are available on and other schemes for archaeological appraisal. When a Local Planning Authority's web site they will be accessed and may be downloaded and stored locally. Where details planning decision is reached, a copy of the development proposal are not planning decision notice shall be made available on a web site, they will be requested from the Local Planning Authority within 7 days of the receipt of the application list. Such details may be captured electronically and stored locally. Details of development proposals accessed as above will be assessed against the known heritage resource, following the guidance in the NPPF, its associated Practice Guide and best professional practice, as well as international, national, regional and local planning policy. Where insufficient information is available for such an assessment to be undertaken the Local Planning Authority will be informed of this and an appropriate course of action recommended. Where assessment of a detailed proposal does not indicate a significant impact on the heritage resource this may be noted locally but the details of the proposal will not normally be retained by the County Council archaeology service via the City Council’s website. The Local Planning Authority will not normally be notified of such an assessment result if the proposal was identified directly from a web site or weekly list. Where a potentially significant impact on the heritage resource is identified inform the County Council will provide some or all about any amendments to applications as soon as possible, particularly the reasons for and extent of the following: A statement of amendment. They will also inform the County Council about withdrawn applications as soon as possible and indicate the likely date of determination of applications to help the County Council manage workloads. Where investigation, recording or other heritage implications; Advice works have been required by planning condition or legal agreement the Local Planning Authority will consult with the County Council specialists on further action the acceptability of any written scheme of investigation or mitigation procedures other project proposal and on applications to discharge the planning condition or legal agreement. The latter may be facilitated by ensuring that any such application makes it clear that the discharge is for a heritage condition or agreement and/or by making a direct consultation on the application. The Local Planning Authority will be only discharge a condition or legal agreement which deals with heritage matters when advised that this is appropriate to safeguard by the County Council. This would normally mean that the heritage interest of the site; Recommendations for any further investigation project required before any planning decision is made; Recommendations by that some condition or all of the heritage resource is preserved in situ at the expense of development Recommendations that planning conditions or other measures will be required to ensure the recording or protection of the identified archaeological resource. These items will be provided within 21 days of the publication of the relevant weekly list (or other timescale which agreement has been prior agreed with completed, including the Authority) submission of an acceptable final report and where possible sent archive. The cost of this Service Level Agreement to the Local Planning Authority does not reflect the full costs of providing the service. In order to keep costs at a reduced level, it is particularly important that the Local Planning Authority implements the following two paragraphs: The Local Planning Authority will direct applicants and developers to contact the County Council archaeology service to obtain advice and further information on the nature and scale of archaeological works required to inform a development proposal or to discharge any conditions that may be applied to consents granted. They will inform the applicant or developer that a charge may be payable for the provision of such advice, at a scale set by emailthe County Council archaeology service. The If the Local Planning Authority offers a pre-application advice service provided to service, this will not be included within the Service Level Agreement and the Local Planning Authority will not include direct the following: Direct prospective developer to approach the County Council's archaeology service for advice. They will inform the applicant or developer that a charge will be payable for the provision of such advice, specifications or briefs to developers, contractors or other third parties; Site visits, meetings and discussions with developers, contractors or other third parties, except where called at a scale set by and for the benefit of the Local Planning Authority; The provision of comments on specifications, written schemes of investigation, draft reports or other documents supplied direct by developers, contractors or other third parties. Upon request the County Council will screen Hedgerow Removal Notices against the heritage criteria set out in the Hedgerow Regulations 1997 and any succeeding regulations or advice. Written support for planning appeals, public inquiries and enforcement actions will be provided where resources allow, but this will need to be agreed in each case (see below). Resource implications are likely to mean that attendance by LCC specialists at planning inquiries, hearings, etc. will require additional funding beyond the fee set for this SLA. This service shall not be provided in the event that the Local Planning Authority's planning decision conflicts with County Council archaeology service advice. The County Council will not obtain specialist legal advice on the validity of any information or evidence provided or supply separate legal representation for any County Council staff and this shall be obtained and provided by the Local Planning Authority directlyservice.

Appears in 1 contract

Sources: Service Level Agreement