DD141 APAS Development management software upgrade and annual fee 2021-2023

The Old Oak and Park Royal Development Corporation (OPDC) is the statutory local planning authority for its administrative 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, Environment Impact Assessment (EIA) screening and scoping requests and enforcement cases.

Since its inception in 2015, the OPDC has used 'APAS' software, supplied by Agile Applications (formerly Swift Data Pro). This product 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.

Decision reference GLA DD1313 authorised the procurement of the APAS software in 2015. The 'Decision' permitted a total spend of up to £135,000 over a period of five years (1/4/15 to 31/3/20). A competitive tender exercise was undertaken in order to select the software/provider and a three year contract was entered into.

A contract extension was sought and approved in 2018 to enable the continued provision and maintenance of the APAS software between 1/4/2018 and 31/3/2020. A further decision was not required at that time, as the total expenditure authorised by GLA DD1313 (and the five year period) were not exceeded.

Decision reference DD132 authorised the continued provision and maintenance of the APAS software for the period 1/4/2020 to 31/3/2021.

Total expenditure to date has been £65,156.29.

The proposal and how it will be delivered

The current contract with Agile Applications for the provision and maintenance of the APAS software will expire on 31/03/21. In order that the OPDC may continue to operate the software to carry out its statutory functions as a local planning authority, authorisation is sought to extend the provision and maintenance through the payment of the annual maintenance subscription. Authorisation is sought for a period of two years, effective 01/04//2021, for two annual maintenance charges (of £13,900 each for financial year (FY) 2021/22 and 2022/23), in the interests of certainty, to reduce administrative costs, and for cost effectiveness in relation to the one-off software upgrade costs for which authorisation is also sought.

OPDC has used the same software package since 2015. In order to improve the user and customer experience, authorisation is sought to upgrade the software package. This requires a one-off charge of £20,000 to Agile Applications. In addition, the upgrade of the software would increase the annual maintenance payment by £2,400 per annum (this has already been reflected in the costs stated in paragraph 2.1 above).

The proposed upgrades of the software package are set out in the following table:

An exmpetion from OPDC's Contract's and Funding Code is sought. See paragraphs 7.1-7.5 (below) for further infromation and the attached Single Source Justification form.

There are three key objectives relating to this decision:

1. 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;
2. to improve the customer experience/ease of access to information by members of the public; and
3. to enable more efficient and effective determination of planning applications by officers.

The following outcomes are anticipated:

• Effective and efficient determination of planning applications by OPDC, thereby supporting the regeneration of the are in line with the Mayor's vision.
• Transparency and appropriate access to information ensuring effective engagement and public participation.
• Improved customer experience, with a fit for purpose website interface, reflective of the shift to and current reliance on the Internet.
• A browser-based solution which would enable the system to be accessed from anywhere on any device (subject to security).
• Improvements to the GIS mapping system which will ensure that all map data is up to date, ensuring sound decisions.
• Secure storage of all planning documents currently stored in the APAS system.

Strategic fit

This decision supports timely management of planning applications, which is an important part of delivering the Mayor's vision for Old Oak and achieving targets for new homes and jobs.

This decision also support access to information, inclusion and transparency, by making it easier for members of the public to engage in the planning process and gain access to planning documents and decisions.

Project governance and assurance

The OPDC Head of Planning - Development Management will be responsible for contract management, overseeing the successful upgrade of the software package and training of staff.

The OPDC Planning Support Officer will act as the day to day contact with Agile Applications and will report to the OPDC Head of Planning - Development Management.

Risk and issues

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 result in:

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

In relation to the proposed upgrade of the development management software, there is a risk of disruption to staff and temporary lack of public access to information if there are technical issues encountered during the upgrade process. This will be mitigated by ensuring the upgrade takes place when such issues would not have a critical impact on service delivery or affect significant consultation exercises.

The key risk associated with not upgrading the software are:

• Existing GIS data is out of date, leading to the possibility of mistakes and subsequent challenge or complaint.
• The existing online planning register does not offer a 'user friendly' experience to the public as end-users, which is particularly important currently, as the online register is the only method by which the public can access planning application data. This runs the risk of complaint and ineffective consultation.

Other considerations

Use and justification of single-source procurement route

As noted at paragraph 1.4 above, a competitive procurement exercise was conducted in 2015. The initial contract taken with Agile Applications (then Swift Data Pro) was for three years and this was extended a further two year period under a contract variation in 2018. This contract expired and retrospective authority was granted under DD132 and associated SSJ to renew the software maintenance contract for a further year (to 31/03/2021). The intention at that time was that a new competitive procurement exercise would be undertaken during early 2021. However, in light of current covid-19 restrictions, this has not been appropriate. This is because, if the software supplier were to change, there be a significant break in service whilst the relevant documents from the planning register are uploaded to the new software. During this time, the OPDC would be unable to carry out its statutory function of maintaining the 'planning register'. Under normal circumstances, this could have been managed by permitting customers to physically inspect plans and documents at the OPDC's offices. However, currently the OPDC does not have an office presence.

In light of the above, an exemption from OPDC's Contract's and Funding Code is sought as the service is a continuation of an existing service (albeit the software package is to be upgraded).

The current contract with the provider will expire at the end of March 2021, therefore it is not possible to delay this decision (until OPDC regains an office presence) to enable a competitive procurement exercise to take place. Furthermore, the proposed software upgrade is considered to be necessary now, as complaints have been received about the lack of functionality/poor user experience of the online planning register. In light of the current reliance on the Internet, as a result of the pandemic, it is vital that the software be enhanced to ensure it remains fit for purpose.

It is expected that by the end of the proposed 2 year contract, Covid-19 restrictions will no longer be in place and the OPDC will have an office presence. At that point, a change in software supplier (and consequent break in service) would be able to be managed and consequently it is intended to carry out a new competitive procurement process prior to the expiry of the proposed 2 year contract in early 2023.

Obtaining value for money

Officers are confident that the extension of the existing service with Agile Applications offers good value for money (even taking into account the proposed upgrade). This is because, the chosen provider was identified as being significantly cheaper than its competitors in the 2015 procurement exercise, when it was concluded that there was no like for like competition for the basic functionality of software required by the OPDC (having regard to the relatively low numbers of planning applications received by OPDC in comparison with other local planning authorities).

The recent decision by the London Legacy Development Corporation (LLDC) to renew and upgrade its APAS software, supports the view that the APAS software remains good value for money.

It is proposed to extend the maintenance contract with Agile Applications for a period of 2 years, because this represents better value for money (in relation to the one-off software upgrade charge) then taking Agile Applications minimum 12 month contract term. The 2 years sought is considered to be an appropriate balance between securing good value for money and carrying out a new competitive procurement process in a reasonable time-frame.

Conflict of interest

No one involved in the preparation or clearance of this form, or its substantive proposal, has any conflict of interest.

Expenditure of a total of £47,800 to be funded from the Development Management budget, which sits within the Planning directorate. broken down as: £15,300 in 2020/21; £18,6000 in 2021/22; and £13,900 in 2022/23.

Further expenditure and contract variation are subject to the Corporation's decision-making process.

Any procurement undertaken should be in line with the Corporation's Procurement Guidance and the Contracts and Funding Code.

The report above indicated that the decision requested falls within OPDC's objective of securing the regeneration of the Old Oak and Park Royal are and its powers to do anything it considers appropriate for the purpose of its objects 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 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 that the approval of the exemption of continuation of an existing service. Officers have indicated at paragraph 7.1 of this report that this ground applies and that the proposed contracts affords value for money. On this basis the director may approve the proposed exemption if satisfied with the content of this report.