Agenda item - Estate and Letting Agent Board Pilot Scheme Review

Report of the Executive Director, Economy, Environment & Culture

1)           That the committee notes the actions undertaken as part of the Coombe Road Area Pilot Project - a scheme for the voluntary management of lettings and sales boards agreed by the Economic Development & Culture Committee in November 2016 (implemented between June 2017 and June 2018) and the outcomes.

2)           That the committee agrees the preferred option set out in the report which acknowledges that ongoing support for mitigating impacts from estate and letting agent boards will  be supported by the Field Officer Team under their agreed citywide functions. 

45.1      The Committee that set out the outcomes of the pilot project for the voluntary management of residential sales and letting boards in the Coombe Road area and recommended a way forward for managing sales and letting boars outside the Regulation 7 Area, in the context of planning legislation and available resources.

45.2      On behalf of the Conservative Group, Councillor Nemeth moved the following motion to delete recommendation 2.2 and add a new recommendation 2.2, 2.3 and 2.4 as shown in strikethrough and bold italics below:

2.2      That the committee agrees the preferred option set out in the report which acknowledges that ongoing support for mitigating impacts from estate and letting agent boards will  be supported by the Field Officer Team under their agreed citywide functions. 

2.2     That the committee notes that ongoing support for mitigating impacts from estate and letting agent boards falls within the remit of the Field Officer Team under their agreed citywide functions.

2.3      That the committee agrees to apply to the Secretary of State for a Regulation 7 Direction for a pre-agreed list of streets within and bordering existing Conservation Areas that are not covered by the existing scheme.

2.4      That the committee delegates the Executive Director, Economy, Environment & Culture to agree the pre-agreed list as mentioned in 2.3 following consultation with the Chair of the Committee and having been satisfied that the list meets the guidance on withdrawal of deemed consent as set out in the Planning Practice Guidance.

45.3      Introducing the amendment, Councillor Nemeth stated that he believed previous concerns about Regulation 7 Direction had now significantly reduced due to the increase of online residential management and there was now industry support for the measure. Councillor Nemeth added that a Regulation 7 Direction was required as a voluntary scheme in the areas identified would likely fail.

45.4      Councillor Mears formally seconded the motion adding that page 59 of the agenda made clear that the voluntary scheme had failed and why the motion was necessary.

45.5      The Principal Planning Officer explained that the report to the committee had set out the letter received from the Secretary of State detailing why certain areas would not be included in a Regulation 7 Direction.

45.6      Councillor Nemeth stated that he believed material change had taken place since the Letter to the Secretary of State eight years ago and that the existing scheme had been a great success with only a small amount of enforcement required.

45.7      The Head of Planning stated that the key issue for consideration for the Planning Inspectorate and Secretary of State would be whether there had been a significant change in those areas originally excluded from the Regulation 7 Direction. The Head of Planning noted that the reason for exclusion of those areas in 2010 had been on the basis of the commercial character which remained the case and therefore, the officer advice was not to proceed with Regulation 7 Direction at this time.

45.8      Councillor Druitt stated that on balance, he believed the best way of managing the situation was through Field Officers. Referring to recommendation 2.3 of the Conservative Group motion, Councillor Druitt asked what the estimated cost of such action was anticipated to be.

45.9      The Principal Planning Officer clarified that there was potentially a lot of work involved as any application would likely require a Public Hearing and the Council would need to prepare a case for that Hearing.

45.10   Councillor Norman stated her concern about the remit of the Field Officer role and the team’s workload.

45.11   The Principal Planning Officer explained that support for mitigating impacts from estate and letting agents boards was agreed to part of the Field Officer role from its inception.

45.12   Councillor Druitt noted that the committee had agreed the Old Town masterplan and asked if that would have any impact upon any potential Regulation 7 Direction application.

45.13   The Principal Planning Officer explained that the Planning Inspector had determined there was significant commercial signage and insufficient residential properties to implement a Regulation 7 Direction.

45.14   The Chair then put the motion to the vote that failed.

45.15   The Chair then put the recommendations as detailed in the report to the vote that passed.

45.16   RESOLVED-

1)           That the committee notes the actions undertaken as part of the Coombe Road Area Pilot Project - a scheme for the voluntary management of lettings and sales boards agreed by the Economic Development & Culture Committee in November 2016 (implemented between June 2017 and June 2018) and the outcomes.

2)           That the committee agrees the preferred option set out in the report which acknowledges that ongoing support for mitigating impacts from estate and letting agent boards will  be supported by the Field Officer Team under their agreed citywide functions.