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Department of Communities and Local government - Improving engagement by statutory and non-statutory consultees: Consultation Response by the Royal Institute of British Architects March 2010 Introduction The Royal Institute of British Architects is one of the most influential institutions in the world, and has been promoting architecture and architects since being awarded its Royal Charter in 1837. The 40,000-strong professional institute is committed to serving the public interest through good design. It also represents 85% of registered architects in the UK through its regional structure as well as a significant number of international members. Our mission statement is simple – to advance architecture by demonstrating benefit to society and promoting excellence in the profession. Summary The RIBA supports the overall nature of the consultation document which we think does robustly respond to the Killian Pretty Recommendation 9 with the following provisos. Part Two – Draft Policy Statement CON 4 Para 18 The document clarifies that subject to any specific legal requirements to the contrary there is no obligation for a local authority to delay processing an application or making a decision on a planning application beyond 21 days if the consultee has failed to respond. RIBA advises that the Government consider a “deemed approved” provision such that if no response is received (or a request to extend the 21 day period from the statutory consultee) then the consultee is presumed to be content with the development proposal. This would remove a considerable amount of uncertainty and delay in the planning system where local planning authorities wait for often indefinite periods for a consultation response. Further it will sharpen up the performance of consultees in the knowledge that failure to respond effectively means no concern is raised. CON 6 RIBA fully supports the new categories of response (fundamental concern, substantive concern or material consideration) and particularly support the removal of the word “object” in a consultees response. Qu 1 – RIBA agrees with the policy principles Qu 2 – RIBA consider the draft statement provides a suitable policy framework Qu 3 – None of the proposed policies are considered too prescriptive Qu 4 – Policy omissions – see CON 4 para 18 note above. Deemed approval provision would be a positive enhancement Part Three – Draft Code of Practice Qu 5 - RIBA considers provisions of the Code in respect of statutory consultees are workable and proportionate. However the introduction of a “deemed approval” as described above should be considered. Qu 6 - The Code of Practice could be strengthened by requiring statutory consultees to publish their performance on their websites for public scrutiny. Qu 7 – see answer to Question 5 Qu 8 & 9 – No comment Qu 10 - RIBA agrees that national policy recommendations for consultation should be reviewed when updating relevant policy. Qu 11 - RIBA strongly agrees there should be greater clarity and consistency in the way statutory consultees provide advice on applications. Qu 12 - RIBA supports the development for consultation resource on the planning portal. Qu 13, 14 and 15 – no comment Qu 16 - RIBA agrees to the measures suggested for improving the monitoring of the performance of statutory consultees. Question 17, 18, 19, 20 – no comment