APAS development management software annual fee 2020/21

The Old Oak and Park Royal Development Corporation (OPDC) is the statutory local planning authority for the whole of its area. From 1 April 2015 it has received all planning applications submitted in the area and is responsible for validating, publicising, consulting on, assessing and determining those applications in accordance with the relevant legislation, principally the Town and Country Planning Act 1990, and the procedures set out in the Town and Country Planning (Development Management Procedure) (England) Order 2015. These include specific requirements in relation to statutory timescales for the determination of different types of applications, publicising applications for planning permission, undertaking consultation, and maintaining a public register of planning applications.

All local planning authorities use specialist software to manage the process of receiving, validating, consulting, reporting and determining planning applications and other development management functions including requests for pre-application advice, appeals, Environmental Impact Assessment (EIA) screening and scoping requests and enforcement cases.

The APAS software supports all functions of a local planning authority, including importing planning applications from the Planning Portal (via the 1APP connector), managing the process of receiving, validating, consulting, reporting and determining planning applications, and facilitating web access to planning applications and the statutory register.

An exemption from OPDC's Contract's and Funding Code is sought (see appendix 1 - for the attached SSJ form) as the service is a continuation of the existing service. Continuation of the existing service with Agile Solutions will prevent any break in services they provide. This would not be possible if the supplier were to change as there would be a period of time required to upload the relevant documents from the planning register to any new software, It is vital to prevent a break in service as this would result in OPDC being unable to carry out its statutory functions, including maintaining the 'planning register'. This is exacerbated during the current Covid-19 pandemic as OPDC does not have an office presence so customers are unable to view hardcopy plans and documents and therefore it is vital OPDC have an online service to continue to meet out statutory obligations.

The objective of this decision is to ensure the continuation of the specialist software to manage the process of receiving, validating, consulting, reporting and determining planning applications and other development management functions including requests for pre-application advice, appeals, EIA screening and scoping requests and enforcement cases.

The expected outcomes are:

• Effective and efficient determination of planning applications by OPDC, thereby supporting the regeneration of the area in line with the Mayor's vision;
• Appropriate access to information ensuring effective engagement and public participation.

The OPDC must have regard to the Public Sector Equality Duty; namely the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010, and to advance equality of opportunity between persons who share a relevant protected characteristic (race, disability, gender, age, sexual orientation, religion or belief, pregnancy and maternity and gender reassignment) and persons who do not share it and foster good relations between persons who share a relevant protected characteristic and persons who do not share it (section 149 of the Equality Act 2010).

This duty has been considered by officers and it is not considered that there are any equality considerations arising directly from this decision. The APAS software enables members of the public to access the 'planning register' and there are no identified characteristics of the software, which would be considered to limit its use by persons with any protected characteristic.

Key Risks

If the development management software system is not renewed, it will severely compromise the OPDC's ability to function efficiently and to meet its statutory obligations as a local planning authority. This could results in:

• reputational damage for the Mayor and the OPDC, both at Government level, among key stakeholders and the wider public;
• risk of challenge (against planning decisions) and associated costs; and
• practical difficulties for members of the public and interested parties accessing information

Links to Mayoral strategies and priorities

Timely management of planning applications is an important part of delivering the Mayor's Vision for Old Oak and achieving targets for new homes and jobs.

Expenditure of up to £11,250 will be funded from the 2020/21 Planning Development Management budget.

Should the deliverables slip into future years, expenditure will need to be met from existing budgets.

Further expenditure is subject to the Corporation's decision-making process.

The report above indicates that the decision requested falls within OPDC's objective of securing the regeneration of the Old Oak and Park Royal area and its powers to do anything it considers appropriate for the purpose of its objectives or purposes incidental to those purposes, as set out in the Localism Act 2011.

In taking the decisions requested, the director must have due regard to the Public Sector Equality Duty; namely the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010, and to advance equality of opportunity between persons who share a relevant protected characteristic (race, disability, gender, age, sexual orientation, religion or belief, pregnancy and maternity and gender reassignment) and persons who do not share it and foster good relations between persons who share a relevant protected characteristic and persons who do not share it (section 149 of the Equality Act 2010). To this end, the director should have particular regard to section 3 (above) of this report.

Section 4.1 of the Contracts and Funding Code (the 'Code') requires OPDC to seek a call-off from a suitable framework, where possible, or if not, undertake a formal tender process which will be managed by TfL in respect of the services. However, the director may approve an exemption from this requirement under section 5 of the Code upon certain specified grounds. One of those grounds is the continuation of the existing work which cannot be separated from the new work. Officers have indicated at paragraph 1.6 of this report that this ground applies. On this basis the director may approve the proposed exemption if satisfied with the content of this report.

This approval is sought retrospectively, the reasons for which are set out at paragraph 1.7 of this report. Accordingly, the director should take account of those reasons in considering whether to approve the recommendations of this report. Officers should be reminded of the importance of seeking approvals in advance.

Officer must ensure that appropriate contract documentation is put in place between OPDC and Agile Applications.