Agenda item

To consider the report (attached).

The Service Director (Governance and Member Services), S Hill, reminded the Working Group that it had looked at the existing arrangements by which planning applications were considered at the Area Planning Sub-Committee. This report dealt with issues that had arisen as a result of the updated Scheme of Delegation, Appendix 3, CLD2 for the Service Director (Planning Services). In particular, 3 (a) “Applications recommended for approval where an objection from a Local Council, material to the planning merits of the proposal is received and confirming in writing their intention to attend and speak at the meeting where the proposal will be considered”.

Democratic Services officers had been monitoring the non-attendance of local councils at the Area Planning Sub-Committees in relation to 3(a) above and since 26 September 2018, ten applications had come before members. On four occasions local councils had not turned up to meetings, one of which only had two items on the agenda solely because of two local councils objecting, who had indicated they would attend, but this had not happened. The meeting had been very short as members had agreed these applications should be referred to the Service Director (Planning Services) to be dealt with under delegated powers, but the meeting could have been cancelled. As the Monitoring Officer, S Hill, had not wanted items withdrawn from agendas in these instances once they had been published, the Working Group was requested to consider the following options to address this unforeseen situation:

(a)     that relevant applications be automatically referred (without any consideration of the merits of the development proposal) to the Service Director (Planning Services) for determination in accordance with the Scheme of Delegation; or

(b)     that the Area Plans Sub-Committees be authorised to consider and determine relevant applications on the basis of the information set out in the report of the Service Director (Planning Services) and presented at the meeting by the Principal Planning Officer (and external speakers where relevant).

There was general consensus in favour of option (a), but discussion between the Working Group raised the following points.

·                Local councils had raised their concerns at the Local Councils’ Liaison Committee because when they had made their objections to Planning Services they would not have been aware they were the only objector.

·                It was frustrating when a local council read out the same objection that had been published in the agenda report.

·                Parish councils were not clear about what they should be doing, and were not putting an objection forwards because they did not want to address a planning committee.

·                A local council could object but if it did not intend to register to speak then delegation 3(b) should hold sway, in that the local council objection would have to be “supported by at least one non-councillor resident, with material planning reasons”.

·                Option (b) wasn’t the intended outcome.

·                If (a) was the preferred option that words to the effect of ‘but stand referred to officers on the non-attendance of that local council at an Area Planning Sub-Committee’ be added.

·                Local councils should be informed by the Service Director (Governance and Member Services) when this delegation scheme had been updated.

RESOLVED:

(i)        That option (a) below be recommended to Council for approval at the meeting on 20 December 2018 to clarify and resolve the non-attendance of local councils at 3 (b) of the Scheme of Delegation CLD 2, relevant to the Service Director (Planning Services):

(a)     that relevant applications be automatically referred (without any consideration of the merits of the development proposal) to the Service Director (Planning Services) for determination in accordance with the Scheme of Delegation;

(ii)      That the Service Director (Governance and Member Services) would also update the Council Rules in the Constitution to reflect (i) above; and

(iii)       That the Service Director (Governance and Member Services) write and advise local councils of the latest updates to the Constitution, especially the Scheme of Delegation CLD2, upon adoption by Council.