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Mediation in Planning

East Midlands Councils CPD Programme Appeals and Inquiries: 12 September 2013 In Place of Strife: The Potential of Mediation in Planning Kay S. Powell Secretary, National Planning Forum Mediation in Planning Delivery Programme. Mediation in Planning. About the National Planning Forum

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Mediation in Planning

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  1. East Midlands Councils CPD ProgrammeAppeals and Inquiries: 12 September 2013In Place of Strife: The Potential of Mediation in PlanningKay S. PowellSecretary, National Planning Forum Mediation in Planning Delivery Programme

  2. Mediation in Planning • About the National Planning Forum • Origins of the Mediation in Planning programme • Why I became involved • Relevance to a seminar on Appeals and Inquiries

  3. Mediation in Planning • Mediation is a way of resolving disputes via discussion facilitated by an independent 3rd party • Mediation: • is compatible with democratic decision-making • can involve 2 or more parties • is cost and time effective • builds trust • leads to more sustainable solutions

  4. Mediation in Planning • Mediation can be used to resolve a wide range of issues in development planning, development management and enforcement • Used at an early stage - eg as facilitated discussion - it can create openness, trust and foster good communication • Mediation is not suitable to determine questions of law, nor questions beyond the competence of the participants eg national policy

  5. Mediation in Planning • Mediators must be independent and impartial • They should be accredited by a qualification body and have indemnity insurance • S/he should understand the planning system or be assisted by someone who does • They may be sole practitioners or employees • They can be contacted via provider bodies eg the RICS Dispute Resolution Service Planning & Environment Panel, • Charges are negotiable depending on the nature and scope of the issues

  6. Mediation in Planning How it works: • dispute identified - parties agree to try mediation and how to pay for it • mediator approached by lpa • mediator drafts agreement setting out ground rules eg confidentiality of discussion, openness on key outcomes • suitable venue with breakout rooms/refreshments etc • mediator holds 1-1 meetings with each party • s/he holds 1 or more meetings with all the parties to help them reach agreement, not to IMPOSE a solution • key outcomes written up and note agreed by all

  7. Mediation in Planning • Our programme sponsored a number of pilot mediations and we drew on the few mediations already undertaken in the UK to provide case studies • These were included in a Report by Leonora Rozee OBE and Kay Powell (June 2010) • A Short Guide (June 2011) produced by the cross-sectoral Programme Board was endorsed by the then Planning Minister Bob Neill MP • Both are on the National Planning Forum web-site: www.natplanforum.org.uk

  8. Mediation in Planning HAVE YOU ANY QUESTIONS OR COMMENTS ON TODAY’S PRESENTATION? For further information on mediation and how it can be used in planning consult the Short Guide on the NPF web-site www.natplanforum.org.uk For further information on the National Planning Forum contact its Secretary, Mike Hayes CBE on secretary@natplanforum.org.ukand/or contact Kay Powell on powellks@tiscali.co.uk or 07774 139 506

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