(Public Pack)Agenda Document for Cabinet Member for ...

Legal and Governance | Harrogate Borough Council | PO Box 787 | Harrogate | HG1 9RW 01423 500600 www.harrogate.gov.uk

CABINET MEMBER FOR PLANNING

AGENDA DATE: Wednesday, 11 December 2019

TIME: 4.00 pm

VENUE: Meeting Room - Civic Centre MEMBERSHIP: Councillor Rebecca Burnett (Cabinet Member for Planning) EXECUTIVE DECISIONS 1. Development Management Fee Setting Report 2020/2021:

The Executive Officer - Development Management and Building Control to submit a written report.

3 - 10

2. Street Naming and Numbering and Building Control Fee

Setting Report 2020-21: The Executive Officer, Development Management and Building Control to submit a written Report.

11 - 24

3. Local Land Charges - Fee Setting 2020/21 and Outturn

Statement 2018/19; The Service Improvement and Development Manager to submit a written report.

25 - 42

4. Support Contract for the Local Plan Database:

The Service Improvement and Development Manager to submit a written report.

43 - 48

MATTER FOR DISCUSSION (PAPERS NOT AVAILABLE) 5. 2020/21 and 2021/22 (Indicative) Place-Shaping & Economic

Growth Service Budget Proposals: The Head of Place-shaping and Economic Growth to submit a written report.

49 - 58

6. Local Plan Update

Public Document Pack

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Agenda Item No.1 REPORT TO: Cabinet Member for Planning DATE: 11 December 2019 SERVICE AREA: Place-Shaping and Economic Growth REPORTING OFFICER: Executive Officer - Development Management and

Building Control (John Worthington) SUBJECT: Development Management Fee Setting Report

2020/2021 WARD/S AFFECTED: All FORWARD PLAN REF: N/A ___________________________________________________________________ 1.0 PURPOSE OF REPORT 1.1 The purpose of this report is to consider the proposed increase in fees and

charges for the Development Management service to be applied from 1 April 2020.

2.0 RECOMMENDATIONS 2.1 That the Cabinet Member agrees the fees and charge in Appendix A of the

report. These fees have been increased by a minimum of 2.5% and would be applied from 1st April 2020

3.0 RECOMMENDED REASONS FOR DECISION 3.1 The general approach taken in setting fees is to levy a charge for a service which

reflects the actual cost to the Council. An exception to this involves those publications that seek to promote community involvement in Planning where, following Government guidance, charges are either not made or are set at minimal levels to encourage public involvement in the system. With this exception, and unless otherwise highlighted below, the 2.5% target increase approved by Cabinet on 24 July 2019 has been applied to the approved charges for 2020/21.

4.0 ALTERNATIVE OPTION/S CONSIDERED AND RECOMMENDED FOR REJECTION

Agenda Item 1

2


4.1 Not to raise fees. This has been rejected as it would be contrary to the decision of Cabinet from 24 July 2019. Failure to implement the increase would mean that the full costs of providing the service would not be achieved

5.0 THE REPORT 5.1 Details of the recommended non-statutory fees and charges relating to the

Planning service are set out in Appendix A. 5.2 Fees for the provision of information – The majority of Planning publications

are available free of charge on the Council’s website. This remains the primary access channel to planning information with printed material only being supplied to satisfy special needs. It is proposed to increase charges by 2.5% as approved by Cabinet.

5.3 Fees for the Unilateral Undertaking service – It is recommended that the current fee level of £90 be increased to £100, with this increase being partly to be in line with the 2.5% Cabinet guideline and partly to cover the costs associated with Land Registry searches increasingly needed for the production of these documents.

5.4 Fees for Householder Planning Checks (HPCs) – This fee is intended to cover

the administration of an important service to householders wishing to extend, by providing clear written advice from the Council on whether there is a requirement for planning permission, Listed Building Consent, Conservation Area Consent or Building Regulations Approval. The charge is currently £63 and it is proposed to increase the charge to £65 in line with the 2.5% guideline approved by Cabinet.

5.5 Miscellaneous letters – The service receives a variety of letters many of which

are seeking information or advice and require officers to spend time investigating planning histories or legislation. Others are simply notifying the Council of particular actions, such as emergency works to trees, and require little or no action or response. It is proposed that the charge for those letters requiring officers to respond be increased from £64 to £65 in line with the 2.5% guideline approved by Cabinet.

5.6

Fees for pre-application enquiries – A comprehensive charging scheme for pre-application enquiries was introduced in April 2016 and these were reviewed in April 2018. The review introduced additional charges for meetings and amendments. The charges associated with different types of enquiries are based on the average productive hourly rate of officers involved and the approximate amount of time taken to deal with an enquiry. It is proposed that the charges for pre application enquiries be increased broadly in line with the 2.5% guidelines approved by Cabinet.

5.7 Planning application fees – Fees for planning applications are set by

Government and are therefore not covered by this report. 6.0

REQUIRED ASSESSMENTS AND IMPLICATIONS

6.1 The following were considered: Financial Implications; Human Resources

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Implications; Legal Implications; ICT Implications; Strategic Property/Asset Management Considerations; Risk Assessment; Equality and Diversity (the Public Sector Equality Duty and impact upon people with protected characteristics). If applicable, the outcomes of any consultations, assessments, considerations and implications considered necessary during preparation of this report are detailed below.

6.2 Financial and Legal Implications Finance and legal staff have been consulted during preparation of this report and

are content with the proposals. 7.0 CONCLUSIONS 7.1 This report takes a balanced approach to setting charges for services in 2020/21,

promoting community involvement in Planning through the provision of free information and ensuring applicants pay for the services they require and benefit from.

Background Papers – none

OFFICER CONTACT: Please contact John Worthington, Executive Officer – Development Management and Building Control if you require any further information on the contents of this report. The officer can be contacted at the Place-shaping and Economic Growth Section, Civic Centre, Harrogate, HG1 9RW, by telephone on 01423 500600 x 56948 or by e-mail – [email protected]

Proposed Proposed

VAT Unit Of Charge Charge

Charge 2019/20 2020/21

NON - STATUTORY CHARGES £ £

Weekly lists of Planning Applications :

Price per week Z per week 12 13

Annual charge including postal costs Z per annum 550 565

Postal invoice charge (added to all bills where an invoice is raised) S per invoice 13 14

Postage and Packing only : £ £

Document over £10 S each 7 8

Other publications S each 3 4

Leaflets S each 1 2

(Heavier documents will be charged on

an individual basis)

Charges for copying material relating to planning applications

including search fee £ £

A4 :

Per sheet S per sheet 0.25 0.3

A3 :


A2 :

Per sheet S per sheet 1 1.2

A1 :

Per sheet S per sheet 2 2.5

A0 :

Per sheet S per sheet 4 5

Decision Notices


Single A4 size report (without a fixed price)


Written Requests for Information £ £

The following charges do not apply to parish councils or

residents seeking general information about their

locality unconnected to a property transaction

Planning Histories -

Standard charge per site O per site 40 42

If more than 30 minutes of officer time is required O per 15 mins 20 21

additional charge for every additional 15 minute period

Information in Register of Enforcement Notices or other

Public Registers -

Standard charge per enquiry O per enquiry 40 42



Planning Information not held in a Public Register and not

requested under the Freedom of Information Act -

Standard charge per enquiry O per enquiry 20 21



Other Non-statutory Services £ £

Administration fee on Commuted Sums O per application 90 100

Householder Planning Check S per application 63 65

E10

Proposed Proposed


Charge 2019/20 2020/21

Handling/ Returning Invalid Planning Applications O per application 33 35

Miscellaneous Letters S per letter 64 65

Pre-Application enquiry admin fee: £ £

Householder S per application 76 80

Householder plus meeting S per application 191 200

Additional meeting S per meeting 115 120

Amendments following response S per application 38 40

Adverts and small scale development S per application 270 280

Adverts and small scale development plus meeting S per application 500 515



Minor S per application 312 320

Minor plus meeting S per application 542 560



Major S per application 1078 1105

Major plus meeting S per application 1308 1350



Large Major S per application 2240 2300

Large Major plus meeting S per application 2470 2535



Large Scale Major Developments (with Planning Performance

Agreement) S per application price on application price on application

E11

Proposed Proposed


Charge 2019/20 2020/21

E12

Proposed Proposed


Charge 2019/20 2020/21

E13

Cabinet Member Decision Notice - Public

Part A – to be provisionally completed prior to the meeting and finalised after the meeting following agreement with the decision maker.

1. Decision Maker: Cabinet Member for Planning, Councillor Rebecca Burnett

2. Date of the Decision: 11 December 2019

3. Subject (title and description): Development Management Fee Setting Report 2020/2021

4. Did the decision maker declare an interest? No

5. Lead Officer: John Worthington, Executive Officer – Development Management and Building Control

6. Was all or any part of the report exempt? No

7. The Decision: That the Cabinet Member agrees the fees and charges in Appendix A of the report. These fees have been increased by a minimum of 2.5% and would be applied from 1st April 2020

8. Reasons for the Decision: The general approach taken in setting fees is to levy a charge for a service which reflects the actual cost to the Council. An exception to this involves those publications that seek to promote community involvement in Planning where, following Government guidance, charges are either not made or are set at minimal levels to encourage public involvement in the system. With this exception, and unless otherwise highlighted below, the 2.5% target increase approved by Cabinet on 24 July 2019 has been applied to the approved charges for 2020/21.

9. Alternative Options Considered and Rejected: Not to raise fees. This has been rejected as it would be contrary to the decision of Cabinet from 24 July 2019. Failure to implement the increase would mean that the full costs of providing the service would not be achieved.

10. Is this a Key Decision: No

Part B – Key Decisions Only – to be completed by Democratic Services 11. Is the decision subject to call in: N/A 12. End of the Call-In Period: N/A

NOT FOR PUBLICATION: Appendix 2 to this report contains information considered to be exempt under Paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended

Agenda Item No.2

REPORT TO: Cabinet Member for Planning DATE: 11 December 2019 SERVICE AREA: Place-Shaping and Economic Growth REPORTING OFFICER: Executive Officer, Development Management and Building

Control (John Worthington) SUBJECT: Street Naming and Numbering and Building Control

Fee Setting Report 2020/21 WARDS AFFECTED: All FORWARD PLAN REF: N/A

___________________________________________________________________ 1.0 PURPOSE OF REPORT

1.1

The purpose of this report is to consider the proposed increase in fees and charges for the Street Naming and Numbering and Building Control functions, to be applied from 1st April 2020.

2.0 RECOMMENDATIONS

2.1 2.2

That the Cabinet Member agrees the fees and charges contained in Appendix 1 for the Street Naming & Numbering function bar that discussed in Paragraph 2.2. It is recommended that these fees be increased in the region of 20% from 1st April 2020 for the reasons explained in paragraphs 5.2 to 5.4 below. That the Cabinet Member recommends the new charge for ‘Change of business name or alias name’ to Cabinet.

2.3 That the Cabinet Member agrees the fees and charges contained in Appendix 2 for the Building Control function. These fees have been increased by a minimum of 2.5% and would be applied from 1st April 2020 (This appendix is business sensitive and confidential).

Agenda Item 2

2

3.0

RECOMMENDED REASONS FOR DECISIONS

3.1 3.2

To increase charges for Street Naming & Numbering by a level of approximately 20% from 1 April 2020 to help enable investment in, and improvement of the function. This increase will bring the Council’s charges for this service in line with the charges already being applied by other local authorities. To increase charges for Building Control in accordance with the 2.5% target increase approved by Cabinet on 24 July 2019, to be applied from 1 April 2020.

4.0 ALTERNATIVE OPTION/S CONSIDERED AND RECOMMENDED FOR

REJECTION

4.1 4.2

Not to increase the fees and charges. This is recommended for rejection as this would be contrary to the decision of Cabinet from 24 July 2019. Failure to implement the increase would mean that the full costs of providing the service would not be achieved. To increase Street Naming and Numbering fees by 2.5%. This is recommended for rejection as it would not enable investment in, and improvement of the function.

5.0 THE REPORT

5.1 Details of the recommended non-statutory fees and charges relating to the Street Naming & Numbering are provided in Appendix 1. Details of the recommended Building Control fees and charges are provided in Appendix 2.

5.2 5.3 5.4

Charges for Street Naming and Numbering – The Council has a statutory responsibility to ensure that all streets are named and all buildings appropriately named and/or numbered within its locality. The majority of applications for naming and numbering are received from commercial organisations and developers in relation to new-build residential development, rather than from residents. Charges were introduced in January 2011 in respect of service requests for street naming and numbering, property re-naming and providing confirmation of address. The fees set in 2011 have subsequently been increased by only 2.5% each year up to the last financial year. Due to the increasing number of planning permissions granted and rising number of housing completions in the district, there has been a corresponding increase in demand for naming and numbering services from the development industry. This service can only be provided by the local authority. It is important that the naming and numbering function is run efficiently and effectively, in line with the Council’s commitment to supporting housing delivery in the district. However the current capacity of the function is limited, with resulting weaknesses in service resilience and customer responsiveness. As part of the PSEG service restructure, we are therefore changing the way that we manage the naming and numbering function

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5.5 5.6

to ensure future robustness and resilience of service delivery and enable us to better meet the increasing customer needs and demands in this area. The proposed new charges have been prepared on the basis of a cost recovery approach. However by way of benchmarking we have also compared the Council’s current naming and numbering fees (shown in the previous charging schedule in Appendix 1) and approach to 50 other councils, to ensure that our future charging approach is robust and consistent with what other authorities are doing. This research has found that we currently charge less than the vast majority of the other councils sampled for certain naming and numbering functions (including re-naming of properties, naming/numbering on sites of less than 10 dwellings) and we are not currently charging for some functions that other councils are (eg charging for a change in business name). Based on these findings it is proposed to raise the charges for street naming and numbering in the region of 20% to ensure that naming and numbering income covers the cost of providing the function and to bring our approach/charges in line with those of other councils. The revised fee schedule is shown in Appendix 1.

5.7 Charges for Building Control - Building Control is a statutory Local Government function. Work carried out within this function is categorised as either “fee earning” or “non-fee earning”. The fee earning aspect relates to charges made for the appraisal and site inspections of schemes submitted under the Building Regulations.

5.8 The Building (Local Authority) Charges Regulations 2010 which came into force on 1st October 2010 set out a rationale whereby Local Authority Building Control bodies are required to set the payable charges relating to the discharge of their statutory duties on a cost recovery basis.

5.9 The above regulations set out a model (designed by CIPFA), whereby all chargeable Building Control activities are met through the charges that are levied on the persons carrying out their specific Building Control related projects - not through Council Tax payments.

5.10 The CIPFA model is designed to achieve a cost neutral position over a rolling three year period. It gives guidance in the form of a spreadsheet that identifies the number of chargeable productive hours (as opposed to the total number of working hours) for the service. This is then applied as an apportioned percentage to the total budget to obtain the total amount (£) that is required to be recovered by the service. This recoverable figure is then considered along with the number of each type of application that it is anticipated to be received in the forthcoming year and the number of hours that each application will require to have spent on it in determining compliance with the Building Regulations.

5.11

Generally hourly rates vary between authorities, and are in the region of £55 to £85 (+VAT) per hour. Harrogate’s rate for 2020/21 has been calculated at £75/hour.

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5.12 It is proposed to increase the suite of Building Control charges by 2.5% as approved by Cabinet.

6.0

REQUIRED ASSESSMENTS AND IMPLICATIONS

6.1 The following were considered: Financial Implications; Human Resources Implications; Legal Implications; ICT Implications; Strategic Property/Asset Management Considerations; Risk Assessment; Equality and Diversity (the Public Sector Equality Duty and impact upon people with protected characteristics). If applicable, the outcomes of any consultations, assessments, considerations and implications considered necessary during preparation of this report are detailed below.

6.2 Finance and Legal

Consultation with finance and legal staff was undertaken during the preparation of this report and their comments taken into account in the proposed recommendations.

7.0 CONCLUSIONS

7.1 The charges that Harrogate Borough Council Building Control currently makes

require revision in line with the 2.5% target increase approved by Cabinet on 24 July 2019. There is also a business requirement to change these charges in line with accepted guidance that will then enable the section to meet its budgetary requirement, whist still competing effectively within its market place. There is a recommended increase of 20% in street naming and numbering charges to ensure that the costs of improved service delivery are recovered and that charges are more closely aligned with other local authorities.

OFFICER CONTACT: Please contact John Worthington, Executive Officer – Development Management and Building Control if you require any further information on the contents of this report. The officer can be contacted at the Place-shaping and Economic Growth Section, Civic Centre, Harrogate, HG1 9RW, by telephone on 01423 500600 x 56948 or by e-mail – [email protected]

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APPENDIX 1

Proposed Charging Schedule

Category Existing fee Proposed fee

Naming of a new dwelling £87.00 £90

New development of up to 10 dwellings including a

new street name

£224.50 £200 plus £40.00 per property up to 10

New development of over 10 dwellings including a

new street name

£224.50 plus £38.00 per property over 10

£200 plus £35.00 per property over 10

Re-naming of a property £38.00 per property £60 per property

Confirmation of address £38.00 per property £40

Change of business name or alias name

no charge £75

Document is Restricted

By virtue of paragraph(s) 3 of Part 1 of Schedule 12Aof the Local Government Act 1972.



1. Decision Maker: Cabinet Member for Planning, Councillor Rebecca Burnett


3. Subject (title and description): Street Naming and Numbering and Building Control Fee Setting Report 2020/21


5. Lead Officer: John Worthington, Executive Officer – Development Management and Building Control

6. Was all or any part of the report exempt? Yes, Appendix 2 If yes, is there an Exempt Decision Notice? No

7. The Decision: The purpose of this report is to consider the proposed increase in fees and charges for the Street Naming and Numbering and Building Control functions, to be applied from 1st April 2020.

8. Reasons for the Decision: That the Cabinet Member agrees the fees and charges contained in Appendix 1 for the Street Naming & Numbering function bar that discussed in Paragraph 2.2. It is recommended that these fees be increased in the region of 20% from 1st April 2020 for the reasons explained in paragraphs 5.2 to 5.4 below. That the Cabinet Member recommends the new charge for ‘Change of business name or alias name’ to Cabinet. That the Cabinet Member agrees the fees and charges contained in Appendix 2 for the Building Control function. These fees have been increased by a minimum of 2.5% and would be applied from 1st April 2020 (This appendix is business sensitive and confidential).

9. Alternative Options Considered and Rejected: To increase charges for Street Naming & Numbering by a level of approximately 20% from 1 April 2020 to help enable investment in, and improvement of the function. This increase will bring the Council’s charges for this service in line with the charges already being applied by other local authorities. To increase charges for Building Control in accordance with the 2.5% target increase approved by Cabinet on 24 July 2019, to be applied from 1 April 2020.

10. Is this a Key Decision: No

Part B – Key Decisions Only – to be completed by Democratic Services

Page 27

11. Is the decision subject to call in: N/A 12. End of the Call-In Period: N/A

Page 28

Agenda Item No.3

1.0 PURPOSE OF REPORT 1.1

To present the outturn statement on Land Charge income/expenditure for 2018/19 – attached at Appendix 1.

1.2 To seek approval to increase Local Land Charge fees by 2.5% from 1 April

2020 - in line with the statement on fee setting under Regulation 9 of the Local Authorities (charges for Property Searches) Regulations 2008 (“the 2008 Regulations”) – attached at Appendix 2.

1.3

To provide an update on the transfer of aspects of the service to the Land Registry.

2.0 RECOMMENDATIONS 2.1 That the Cabinet Member notes and approves:

The outturn statement on Land Charge income/expenditure for 2018/19 as set out in Appendix 1

The revised Land Charge fees as specified in Appendix 2, with effect from 1st April 2020

The update on the proposals to transfer elements of the service to the Land Registry.

3.0 RECOMMENDED REASONS FOR DECISIONS 3.1 Councils are allowed by virtue of the Local Authorities (Charges for Land

REPORT TO:

Cabinet Member for Planning

DATE: 11th December 2019 SERVICE AREA: Place-shaping & Economic Growth REPORTING OFFICER: Service Improvement & Development Manager (David Clothier) SUBJECT: Local Land Charges – Fee Setting 2020/21 and

Outturn Statement 2018/19 WARD/S AFFECTED: None FORWARD PLAN REF: N/A

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Agenda Item 3

2

Searches) Regulations 1994 and by Section 13(A) of the Local Land Act 1975 to set fees for official enquiries concerning property transactions (CON29) and for official searches of the Local Land Charges Register (LLC1).Fees charged have to be on a cost recovery basis and any surplus funds have to be reinvested in the service over a 3 year rolling programme

3.2

Councils are also allowed by the virtue of the 2008 Regulations to set fees for the provision of property information and must produce a statement each year on fee setting under the Regulations.

3.3 To update the Cabinet Member on external matters affecting the service. 4.0 ALTERNATIVE OPTIONS CONSIDERED AND RECOMMENDED FOR

REJECTION 4.1 Reducing fees – Fees had been reduced by 25% between 2015 - 2017 and

now income and expenditure are more closely aligned, save for the allowance of a surplus which we may be required to deal with any costs associated with transfer of responsibilities to the Land Registry (HMLR) (as set out in Section 5.5 of the report).

4.2 Maintain fees at current levels – this is not proposed at this time as the

proposed increase should achieve cost recovery. 4.3 Increase fees by more than 2.5% - this is not recommended because a

higher increase may lead to an increased surplus (beyond that required) 5.0 THE REPORT 5.1

The Local Land Charges service provides searches and information to the conveyancing and property industry. These searches and information consist of:

LLC1 – Search of the Local Land Charges Register.

CON29 – Enquiries of District Councils.

Personal Searches of the Local Land Charges register for which a fee cannot be charged.

Property information under the 2008 Regulations.

The inspection of property information under the Environmental Information Regulations (EIR) 2004.

5.2 Traditionally solicitors acting for the purchasers of properties have carried out

CON29 and LLC1 searches. These searches can take the form of official local authority searches or personal searches which are carried out by private companies.

5.3

Each year we are required to consider whether to increase fees for Land Charge Searches. For 2020/21 the guidance in the Medium Term Financial Strategy was that fees should increase by 2.5%. The cumulative surplus, made within Land Charges, net of reinvestment in the service, stands at £117,719.00 as at 11/11/2019.

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5.4

As we should only look to recover our costs from Land Charges fees it is envisaged that this can be achieved with a 2.5% rise.

5.5 In the Queen’s speech in June 2014 it was confirmed that the Land Registry

(HMLR) will assume the responsibility for the processing for searches of the Land Charges Register nationally, with the transfer of work proposed to be completed by 2022. It is likely that this will remove approximately 55% of the Councils current resource requirements. Meetings with HMLR are on-going which should indicate the potential timeline for the transfer of this work for the council, however at the time of this report it is unknown.

6.0 REQUIRED ASSESSMENTS AND IMPLICATIONS 6.1 The following were considered: Financial Implications; Human Resources

Implications; Legal Implications; ICT Implications; Strategic Property/Asset Management Considerations; Risk Assessment; Equality and Diversity (the Public Sector Equality Duty and impact upon people with protected characteristics). If applicable, the outcomes of any consultations, assessments, considerations and implications considered necessary during preparation of this report are detailed below.

6.2 Finance Finance has confirmed that the figures contained within Appendix 1 and 2

are correct. The Council’s Medium Term Financial Strategy indicates that sales, fees and charges should increase by 2.5%.

6.3 Legal Implications It is important that a watching brief is maintained on this ever changing

service and the effect of the Environmental Information Regulations on it. Legal Services will continue to work closely with the Place-shaping & Economic Growth service and nationally with the Local Government Association (LGA) to try and minimise income loss and service disruption.

6.4 Risk Assessment The Council could lose business by being undercut by Personal Search

Agents and requests to access information via the EIR. 7.0 CONCLUSIONS 7.1

Estimates of the number of searches we will receive in the future has indicated that an increase of 2.5% to our current fees and charges is appropriate in order that the Land Charges account breaks even within the financial year 2020/21, and potentially allow a small increase in the existing surplus should that be required for temporary additional staff or work which will likely be required at some future time with respect to the HMLR transfer of responsibilities.

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OFFICER CONTACT: Please contact David Clothier if you require any further information on the contents of this report. The Officer can be contacted at the Civic Centre or by telephone on 01423 500600 ext. 58641 or by e-mail at [email protected]

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APPENDIX 1

STATEMENT ON OUTTURN FIGURES FOR 2018/19 UNDER REGULATION 9 OF

THE LOCAL AUTHORITIES (CHARGES FOR PROPERTY SEARCHES) REGULATIONS 2008

Expenditure Estimate Actual Total Local Land Charges budget

£290,890

£327,141.10

Deduct costs associated with maintenance and access to Local Land Charges Register

£43,630

£49,071.17

Deduct costs associated with information publically available or used primarily for another purpose

£55,270

£62,156.81

Costs attributable to property search information (CON29 and property information provision)

£191,990

£215,913.12

Income:

Total Local Land Charges Income

£287,820

£328,581.89

Deduct Income from LLC1 (2668 @ £24.48 each)

£65,312.64

Income from CON29 and property information provision (CON29 2622 @ £74.52 or £169.92 each, 1653 Con 29O at varying amounts and Property Information requests 43 at varying amounts)

£263,269.25

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Appendix 2 - Proposed Local Land Charges: Fees 2020-2021 (HMRC have stated that VAT at the standard rate of 20% will apply to Con 29 and Con 29O for all Local Search requests received from 31/03/2017)

Enquiry Registers/Information Available

Requirements for advance notice or appointments

Cost of Access

Fee VAT Total

Form LLC1 Only (Residential and Non Residential)

£25.71 n/a £25.71

Form LLC1 separate parts enquiry £13.24

n/a £13.24

Form CON29 Only Residential (submitted by itself in full) – individual questions can be asked, for the prices see below

£65.20

£13.04

£78.24

Non Residential Form CON29 only £148.70

£29.74 £178.44

Full Search LLC1 & CON29 (Residential) £90.91 £13.04

£103.95

Full Search LLC1 & CON29 (Non-Residential)

£174.41 £29.74 £204.15

Con 29O Enquiries Each £19.00 £3.80 £22.80

Additional Enquiries Each £19.00 £3.80 £22.80

Extra Parcel of Land – CON29 £5.70 £1.14 £6.84

Extra Parcel of Land – LLC1 £13.26 n/a £13.26

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Cost of Access

Fee VAT Total

1.1. Planning and building decisions and pending applications Which of the following relating to the property have been granted, issued or refused or (where applicable) are the subject of pending applications or agreements? (a) a planning permission (b) a listed building consent (c) a conservation area consent (d) a certificate of lawfulness of existing use or development (e) a certificate of lawfulness of proposed use or development (f) a certificate of lawfulness of proposed works (g) a heritage partnership agreement (h) a listed building consent order (i) a local listed building consent order (j) building regulations approval (k) a building regulation completion certificate and

(l) any building regulations certificate or notice issued in respect of work carried out under a competent person self-certification scheme?

(a) to (i)This information is publicly available.

Records available on Internet or to view in Customer Service Centre, Civic Centre, St Lukes Mount, Harrogate, HG1 2AE where an appointment is required.

(a) to (i) Publicly available free of charge

(a) to (i) Information also available by tailored report if required.* Information available from 1/4/1974 to date. For information prior to this there will be an additional charge.

Enquiries must be submitted to Land Charges Section together with the appropriate fee. Reply will be issued within 5 working days.

(a) £2.35 (b) £2.35 (c) £2.35 (d) £2.35 (e) £2.35 (f) £2.35 (g) £2.35 (h) £2.35 (i) £2.35

£0.47 £0.47 £0.47 £0.47 £0.47 £0.47 £0.47 £0.47 £0.47

£2.82 £2.82 £2.82 £2.82 £2.82 £2.82 £2.82 £2.82 £2.82

(j) – (l) Building Control information is not currently available on public register. In the meantime information is available by tailored report. *


(j) £4.15 (k) £4.15 (l) £4.15

£0.83 £0.83 £0.83

£4.98 £4.98 £4.98

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Cost of Access

Fee VAT Total

1.2 Planning Designations and Proposals What designations of land use for the property or the area, and what specific proposals for the property, are contained in any existing or proposed development plan?

This information is publicly available


Publicly available free of charge.

Information is also available by tailored report if required.*


£1.10 £0.22 £1.32

Roadways, footways and footpaths 2.1 Which of the roads, footways and footpaths named in the application for this search (via boxes B and C) are: (a) highways maintainable at public expense (b) subject to adoption and, supported by a bond or bond waiver (c) to be made up by a local authority who will reclaim the cost from the frontagers

(d) to be adopted by a local authority without reclaiming the cost from the frontagers

This information is not available from Harrogate Borough Council.

Please contact North Yorkshire County Council who are the Highway Authority for the Harrogate District.

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Cost of Access

Fee VAT Total

Public rights of way 2.2 Is any public right of way which abuts on, or crosses the property, shown in a definitive map or revised definitive map? 2.3 Are there any pending applications to record a public right of way that abuts, or crosses the property, on the Register? 2.4 Are there any legal orders to stop up, divert, alter or create a public right which abuts, or crosses the property not yet implemented or shown on a definitive map?

2.5. If so, please attach a plan showing the approximate route.


Please contact North Yorkshire County Council who are the Highway Authority for the Harrogate District

3.1. Land Required for Public Purposes Is the property included in land required for public purposes?



3.2. Land to be Acquired for Road Works Is the property included in land to be acquired for road works?



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Cost of Access

Fee VAT Total

3.3 Drainage matters (a) Is the property served by a sustainable urban drainage system (SuDS)? (b) Are there adopted SuDS features within the boundary of the property?. If yes, is the owner responsible for maintenance? (c) If the property benefits from a SuDS for which there is a charge, who bills the property for the surface water drainage charge?

Records relating to SuDS are not currently available on public register. In the meantime information is available by tailored report *


£2.35

£0.47

£2.82

3.4. Nearby road schemes Is the property (or will it be) within 200 metres of any of the following? (a) the centre line of a new trunk road or special road specified in any order, draft order or scheme (b) the centre line of a proposed alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway (c) the outer limits of construction works for a proposed alteration or improvement to an existing road involving:- (i) construction of a roundabout (other than a mini roundabout), or (ii) widening by construction of one or more additional traffic lanes (d) the outer limits of: (i) construction of a new road to be built by a

This information is not available from Harrogate Borough Council


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local authority, (ii) an approved alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway, (iii) construction of a roundabout (other than a mini roundabout) or widening by construction of one or more additional traffic lanes (e) the centre line of the proposed route of a new road under proposals published for public consultation (f) the outer limits of:- (i) construction of a proposed alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway (ii) construction of a roundabout (other than a mini roundabout) (iii) widening by construction of one or more additional traffic lanes, under proposals published for public consultation

3.5. Nearby railway schemes (a) Is the property (or will it be) within 200 metres of the centre line of a proposed railway, tramway, light railway or monorail? (b) Are there are any proposals for a railway, tramway, light railway or monorail within the Local Authority’s boundary?

This information is publicly available


Publicly available free of charge

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Information also available by tailored report if required.*


£1.10 £0.22 £1.32

3.6. Traffic schemes Has a local authority approved but not yet implemented any of the following for the roads, footways and footpaths named in Box B & C which are within 200 metres of the boundaries of the property? (a) permanent stopping up or diversion (b) waiting or loading restrictions (c) one way driving (d) prohibition of driving (e) pedestrianisation (f) vehicle width or weight restriction (g) traffic calming works including road humps (h) residents parking controls (i) minor road widening or improvement (j) pedestrian crossings (k) cycle tracks (l) bridge building



3.7. Outstanding notices Do any statutory notices which relate to the following matters subsist in relation to the property other than those revealed in a response to any other enquiry in this form? (a) building works (b) environment (c) health and safety (d) housing

(a) to (d) and (f) This information is available by tailored report.*


(a) £2.35 (b) £2.35 (c) £2.35 (d) £2.35 (f) £2.35

£0.47 £0.47 £0.47 £0.47 £0.47

£2.82 £2.82 £2.82 £2.82 £2.82

(e) and (g) This information is not available from Harrogate

Please contact North Yorkshire County Council who are the Highway Authority

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(e) highways (f) public health (g) flood and coastal erosion risk management

Borough Council. for the Harrogate District and the Lead Local Flood Authority.

3.8. Contravention of building regulations Has a local authority authorised in relation to the property any proceedings for the contravention of any provision contained in building regulations?

This information is available by tailored report.*


£1.10 £0.22 £1.32

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3.9. Notices, orders, directions and proceedings under Planning Acts Do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, make or commence any of the following? (a) an enforcement notice (b) a stop notice (c) a listed building enforcement notice (d) a breach of condition notice (e) a planning contravention notice (f) another notice relating to breach of planning control (g) a listed building repairs notice (h) in the case of a listed building deliberately allowed to fall into disrepair, a compulsory purchase order with a direction for minimum compensation (i) a building preservation notice (j) a direction restricting permitted development (k) an order revoking or modifying planning permission (l) an order requiring discontinuance of use or alteration or removal of building or works (m) a tree preservation order (n) proceedings to enforce a planning agreement or planning contribution.

(a) to (e) This information is publicly available.



(a) to (e) This information is also available by tailored report if required.*


(a) £0.45 (b) £0.45 (c) £0.45 (d) £0.45 (e) £0.45

£0.09 £0.09 £0.09 £0.09 £0.09

£0.54 £0.54 £0.54 £0.54 £0.54

f) to (l) This information is available by tailored report.*


(f) £0.45 (g) £0.45 (h) £0.45 (i) £0.45 (j) £0.45 (k) £0.45 (l) £0.45

£0.09 £0.09 £0.09 £0.09 £0.09 £0.09 £0.09

£0.54 £0.54 £0.54 £0.54 £0.54 £0.54 £0.54

(m) This information is publicly available.



(m) This information is also available by tailored report if required.*


£1.10 £0.22 £1.32

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(n) This information is available by tailored report.*


£1.10 £0.22 £1.32

3.10. Community infrastructure levy (CIL) (a) Is there a CIL charging schedule? (b) If, yes, do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, make or commence any of the following:-: (i) a liability notice? (ii) a notice of chargeable development? (iii) a demand notice? (iv) a default liability notice? (v) an assumption of liability notice? (vi) a commencement notice? (c) Has any demand notice been suspended? (d) Has the Local Authority received full or part payment of any CIL liability? (e) Has the Local Authority received any appeal against any of the above? (f) Has a decision been taken to apply for a liability order? (g) Has a liability order been granted? (h) Have any other enforcement measures been taken?

Community infrastructure levy is not currently available on public register. In the meantime information is available by tailored report *


£1.10 £0.22 £1.32

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3.11 Conservation area Do the following apply in relation to the property? (a) the making of the area a conservation area before 31 August 1974 (b) an unimplemented resolution to designate the area a Conservation Area

(a) and (b) This information is publicly available.



(a) and (b) This information is also available by tailored report.*


£1.10 £0.22 £1.32

3.12. Compulsory purchase Has any enforceable order or decision been made to compulsorily purchase or acquire the property?

This information is available by tailored report.*


£1.10 £0.22 £1.32

3.13. Contaminated land Do any of the following apply (including any relating to land adjacent to or adjoining the property which has been identified as contaminated land because it is in such a condition that harm or pollution of controlled waters might be caused on the property)? (a) a contaminated land notice (b) in relation to a register maintained under section 78R of the Environmental Protection Act 1990 (i) a decision to make an entry (ii) an entry (c) consultation with the owner or occupier of the property conducted under section 78G(3) of the Environmental Protection Act 1990 before the service of a remediation notice

This information is available by consulting the Contaminated Land Register.



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This information is also available by tailored report.*


£1.10 £0.22 £1.32

3.14. Radon gas Do records indicate that the property is in a “Radon Affected Area” as identified by Public Health England or Public Health Wales?

Areas have been identified by the The Health Protection Agency (HPA)

Further information concerning Radon can be found at the following website, www.hpa.org.uk/radiation.

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This information is also available by tailored report if required.*


£1.10 £0.22 £1.32

3.15. Assets of Community Value (a) Has the property been nominated as an asset of community value? If so:- (i) Is it listed as an asset of community value? (ii) Was it excluded and placed on the “nominated but not listed” list? (iii) Has the listing expired? (iv) Is the Local Authority reviewing or proposing to review the listing? (v) Are there any subsisting appeals against the listing? (b) If the property is listed: (i) Has the Local Authority decided to apply to the Land Registry for an entry or cancellation of a restriction in respect of listed land affecting the property? (ii) Has the Local Authority received a notice of disposal? (iii) Has any community interest group requested to be treated as a bidder?

This information is publicly available.



This information is also available by tailored report if required.*

Enquiries must be submitted to Land Charges Section together with the appropriate fee. Reply will be issued within 5 working days

£2.35

£0.47

£2.82

* Information can be inspected free of charge under the Environmental Information Regulations 2005. An appointment is required and this will be available in line with the timescales set down in the Regulations

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1. Decision Maker: Rebecca Burnett – Cabinet Member Planning


3. Subject (title and description): Local Land Charges – Fee Setting 2020/21


5. Lead Officer: David Clothier – Service Improvement & Development Manager

6. Was all or any part of the report exempt? No If yes, is there an Exempt Decision Notice? N/A

7. The Decision: Approval to increase Local Land Charge fees by 2.5% from 1 April 2020

8. Reasons for the Decision: Councils are allowed by virtue of the Local Authorities (Charges for Land Searches) Regulations 1994 and by Section 13(A) of the Local Land Act 1975 to set fees for official enquiries concerning property transactions (CON29) and for official searches of the Local Land Charges Register (LLC1).Fees charged have to be on a cost recovery basis and any surplus funds have to be reinvested in the service over a 3 year rolling programme.

9. Alternative Options Considered and Rejected: Reducing fees – Fees had been reduced by 25% between 2015 - 2017 and now income and expenditure are more closely aligned, save for the allowance of a surplus which we may be required to deal with any costs associated with transfer of responsibilities to the Land Registry (HMLR) (as set out in Section 5.5 of the report). Maintain fees at current levels – this is not proposed at this time as the proposed increase should achieve cost recovery. Increase fees by more than 2.5% - this is not recommended because a higher increase may lead to an increased surplus (beyond that required)

10. Is this a Key Decision: No If yes, please state Forward Plan reference number: N/A

Part B – Key Decisions Only – to be completed by Democratic Services 11. Is the decision subject to call in: N/A

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12. End of the Call-In Period: N/A

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1

NOT FOR PUBLICATION: Appendix 1 to this report contains information considered to be exempt under Paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended

Agenda Item No.4

REPORT TO: Cabinet Member (Planning) DATE: 11th December 2019 SERVICE AREA: Place-Shaping & Economic Growth REPORTING OFFICER: Service Improvement & Development Manager

(David Clothier) SUBJECT: Support Contract for the Local Plan Database WARD/S AFFECTED: N/A FORWARD PLAN REF: N/A

___________________________________________________________________ 1.0 PURPOSE OF REPORT 1.1 To seek approval from the Cabinet Member for an exemption to the Contract

Procedure Rules for Hero Solutions (Netready Ltd) to be appointed to supply maintenance and support for the Local Plan Database for a period of 5 years to 5th January 2025 with the inclusion of a break clause.

2.0 RECOMMENDATIONS 2.1 That Hero Solutions is appointed to provide the services outlined in this

report, via an exemption from the requirement to go to tender and to appoint a single supplier, granted in accordance with 7.5 of the council’s Contract Procedure Rules.

2.2 That the Cabinet Member approves a contract with Hero Solutions based on

the costs outlined in confidential Appendix 1 3.0 RECOMMENDED REASON FOR DECISIONS 3.1

With reference to 7.5 of the Contract Procurement Rules, the exceptional circumstances which justify this are as follows:

3.2 Hero solutions have created and developed the Local Plan Database for the

Council, and as such it is a bespoke solution for which the Council owns the intellectual property rights. It would not be an efficient use of funds to carry out a tender exercise when Hero are the only company with knowledge of

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Agenda Item 4

2

the database, and have an excellent proven track record of support and maintenance with the Council.

4.0 ALTERNATIVE OPTION CONSIDERED AND RECOMMENDED FOR

REJECTION 4.1 Seek an alternative supplier – this option is not recommended as Hero

Solutions have created and developed the Local Plan database with the Council and are thus not only best placed to support and develop, but also have a proven track record of providing these services.

4.2 Support the database internally – this is not recommended for the above

reasons. 5.0 THE REPORT 5.1

The Local Plan database was developed for the Council in 2014 by Hero Solutions following a competitive tender exercise after research has shown that the market place does not offer a solution to our monitoring needs. Hero Solutions have provided support and development for the database since this time and the Council have retained the intellectual property rights to it.

5.2 It is imperative that the Council maintain and develop this bespoke database

in order to accurately monitor the delivery of the Local Plan, particularly housing, as well as a tool for plan-making. Collation of the information in this format, with the options to adjust the system to our specific policy needs, allows the council to be in the best position to defend challenges to our land supply position and maintain a robust evidence base for the Local Plan (and subsequent reviews).

5.3

Hero solutions have created, developed and maintained the database since its inception and have a proven track record, therefore it is not reasonable to expect another company, or Harrogate Borough Councils’ own resources, to provide a comparable service.

5.4 The proposal is for 5 years maintenance which would include:

Up to 48 hours phone/email support

6 Days development per annum A quote has been requested which is included in confidential Appendix 1.

6.0 REQUIRED ASSESSMENTS AND IMPLICATIONS 6.1

The following were considered: Financial Implications; Human Resources Implications; Legal Implications; ICT Implications; Strategic Property/Asset Management Considerations; Risk Assessment; Equality and Diversity (the Public Sector Equality Duty and impact upon people with protected characteristics). If applicable, the outcomes of any consultations, assessments, considerations and implications considered necessary during preparation of this report are detailed below.

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6.2 Legal Services have confirmed that as Hero solutions have created, developed and maintained the database since its inception a single supplier procurement route is appropriate.

6.3 Finance have confirmed that there is funding set aside in Service Reserves

to fund the Local Plan, of which this annual commitment is part.

7.0 CONCLUSIONS 7.1

Hero solutions have developed the Local Plan Database for us, and as such it is a bespoke solution for which the Council owns the intellectual property rights. It would not be an efficient use of funds to carry out a tender exercise when Hero are the only company with knowledge of the database, and have an excellent proven track record of support and maintenance with the Council.

Background Papers – None

OFFICER CONTACT: Please contact David Clothier, Service Improvement & Development Manager, if you require any further information on the contents of this report. The officer can be contacted at [email protected] or 01423 500600 ext 58641

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mailto:[email protected]


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1. Decision Maker: Cabinet Member Planning, Councillor Rebecca Burnett


3. Subject (title and description): Support Contract for the Local Plan Database


5. Lead Officer: David Clothier – Service Improvement & Development Manager

6. Was all or any part of the report exempt? Yes, Appendix 1 If yes, is there an Exempt Decision Notice? No

7. The Decision: Approval for an exemption to the Contract Procedure Rules for Hero Solutions (Netready Ltd) to be appointed to supply maintenance and support for the Local Plan Database for a period of 5 years to 5th January 2025 with the inclusion of a break clause.

8. Reasons for the Decision: With reference to 7.5 of the Contract Procurement Rules, the exceptional circumstances which justify this are as follows: Hero solutions have created and developed the Local Plan Database for the Council, and as such it is a bespoke solution for which the Council owns the intellectual property rights. It would not be an efficient use of funds to carry out a tender exercise when Hero are the only company with knowledge of the database, and have an excellent proven track record of support and maintenance with the Council.

9. Alternative Options Considered and Rejected: Seek an alternative supplier – this option is not recommended as Hero Solutions have created and developed the Local Plan database with the Council and are thus not only best placed to support and develop, but also have a proven track record of providing these services. Support the database internally – this is not recommended for the above reasons

10. Is this a Key Decision: No If yes, please state Forward Plan reference number: N/A

Part B – Key Decisions Only – to be completed by Democratic Services

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11. Is the decision subject to call in: N/A

12. End of the Call-In Period: N/A

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Agenda Item 5By virtue of paragraph(s) 3 of Part 1 of Schedule 12Aof the Local Government Act 1972.


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