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What is a planning performance agreement?

A planning performance agreement (PPA) provides a project management framework between the Council and an applicant to engage on the applicant’s development proposal through the planning process. 

A PPA is a voluntary agreement whose purpose is to deliver high-quality, sustainable development that is based on a clear vision, development objectives, an agreed project plan and programme, and identified resourcing by both parties in a constructive, collaborative, and open manner. 

PPAs provide a structured way for giving advice to the applicant before applications are made. To be effective they should be considered and introduced at the early stage of seeking planning advice from the Council. The aim is to encourage a more efficient, joined up and less adversarial way of working, based on the principles of development management.

PPAs do not guarantee a planning permission. They do not fetter or restrict the Council, acting in its capacity as Local Planning Authority, in the exercise of its powers under any enactment, statutory instrument, regulation or such like authority. The Council enters into a PPA on the basis that it does so without prejudice to its formal consideration of any application, and nothing in the PPA predetermines the final outcome of any planning applications, obliges, or commits the Council in relation to any formal comments or decision or fetters the statutory powers, duties or discretions of the Council exercising its power and duties as the Local Planning Authority.

The agreement is made pursuant to Section 111 of the Local Government Act 1972, Section 2 of the Local Government Act 2000, Section 93 of the Local Government Act 2003, and Part 1 of Chapter 1 of the Localism Act 2011. Section 93 of the Local Government Act 2003 allows local planning authorities to charge for providing discretionary services.

Paragraph 47 of the National Planning Policy Framework (NPPF) advises that ‘applicants and the Local Planning Authority should consider the potential for a voluntary planning performance agreement, where this might achieve a faster and more effective application process. Planning performance agreements are likely to be needed for applications that are particularly large or complex to determine’.

When to use a PPA

PPAs are used in connection with the Council’s planning advice service. PPAs are generally suitable for the following:

  • Large-scale and/or complex major applications, such as those identified as of strategic importance in the Development Plan.
  • Large-scale and/or complex major applications that require an Environmental Impact Assessment.
  • Large-scale and/or complex major applications requiring a Development Framework as part of an outline planning application and/or Supplementary Planning Document.
  • Other major applications which are particularly complex in nature and require extensive advice.
  • Applications for a programme of ongoing works where particular complexities arise such as approving details required by conditions on major applications or multiple applications across an area or estate.
  • The development of a Supplementary Planning Document prior to pre-application discussions.

To help you to decide if a PPA is required please see:

  • The Pre-application Planning Advice Charging Schedule 2025 (as adopted).
  • The Application Categories and Cost Schedule (as adopted). The Schedule should be used as an informative document that sets out the broad description, deliverables, programme, and indicative costs to aid discussions between the Council and the applicant in agreeing a PPA. 
  • The Schedule is based on the Council’s Officer hourly rates (PDF) (as adopted by Bedford Borough Council’s Executive on 20 November 2024). Made under Section 93 of the Local Government Act 2003. Rates effective 1 January 2025. To be reviewed annually in line with Government direction).
  • The PPA Agreement (PDF) which will act as a template between parties to discuss and conclude a bespoke service for the applicant.

Why sign up for a planning performance agreement?

A PPA does not guarantee that an application will be approved, but through engagement and dialogue with the Council it gives the applicant greater certainty as to what is required to secure a better chance of a positive outcome. 

Benefits of a PPA

  • The applicant and Council have an agreed programme of works, set of deliverables (set against as a minimum the Validation List), and timescale for reaching a decision on the application.
  • If the application is not to be determined by delegated authority, the PPA programme will target a specific Planning Committee date.
  • The Council is able to identify in-house discipline resources required to engage and respond to the application in a collaborative and timely manner. The PPA enables the Council to secure both in-house resources and external consultants to review the application on behalf of the Council as required within the PPA programme.
  • The Council officers can share their expertise through the application process. In this manner the applicant can discuss and address aspects and matters as they arise and make the necessary changes to the application prior to submission.
  • For large-scale and/or complex major applications identified as of strategic importance in the Development Plan, the Council can facilitate briefings with the appropriate Council’s executive team and/or Councillors within whose electoral ward the PPA scheme is situated (Those Councillors who sit on the Planning Committee will at all times adhere to the Code of Conduct for Members on planning matters and cannot predetermine their view on an application).
  • The Council will instruct a named Planning Case Officer who will form the single point of contact between the Council and the applicant, who can discuss the application at any point during the process as required by the applicant.

The five stage process for developing a PPA

For an applicant wishing to enter into a PPA, the process has five stages:

Stage 1: applicant to arrange an online introduction discussion with the Manager - Development Management (Planning) to assess whether a PPA is appropriate. Such enquires should be direct to the Manager - Development Management Planning@bedford.gov.uk. 

Stage 2: If it is agreed that a PPA would be beneficial, the Council will arrange an inception meeting (either at the Council offices or online) with the applicant. It is suggested that the applicant presents their broad vision and development proposals to allow the Council to better understand the scale and remit of the Application. It is suggested that the meeting is attended by members from both parties as those parties believe are required. The PPA Officer who will be tasked with drafting the PPA will attend this meeting and discuss the PPA contractual requirements.

Stage 3: The PPA Officer will engage with the applicant in preparing a Draft PPA, inclusive of  project team, project plan and programme, project costs, and possibly the need to engage external consultants. The Council will review the development proposal against the Application Categories and Cost Schedule (PDF), make an assessment of the resources required, and issue a Draft PPA to the applicant for review.

Stage 4: Following discussion between the parties, the Council will table a Final PPA, inclusive of an in-principle agreement by the applicant for the Council to instruct external consultants as required and as agreed. The applicant will provide the necessary documentation to enable the Council to register the applicant and for invoice purposes.

Stage 5: The Council will issue the Final PPA for signature by both parties.

Where a PPA is agreed, the Council will instruct a Planning Case Officer who will manage the Council’s Project Team and co-ordinate the PPA with the applicant throughout the PPA Programme.

PPA fees

The PPA Application Categories and Cost Schedule (PDF) sets out fees for each category of application on the basis that this serves as guidance in discussion with the applicant. The final cost of the PPA will be subject to discussions regarding the more detailed nature of the Application, Programme, and resources required.

At the discretion of the Council, the Council may need to instruct eternal consultants on discipline matters not within the Council but required to make an assessment of an Application. The Council will discuss such costs with the applicant, and if in agreement, the Council will instruct the external consultant accordingly. All costs for the external consultant will be invoiced through the Council.

The fees and costs presented in the PPA are exclusive of VAT which will be applied at the appropriate level at the time of invoicing.