Issue - meetings

This report seeks approval to amend the scheme of delegation in relation to the referral of planning applications to the Planning Committee. It also seeks approval to amend the Planning Code of Good Practice, in relation to the role of ward Councilors addressing the Committee.

Background:

This report sought approval to amend the Scheme of Delegation in relation to the referral of planning applications to the Planning Committee. It also requested approval to amend the Planning Code of Good Practice, in relation to the role of ward Councillors addressing the Committee.

The report had previously been considered by the Planning Committee on 13 March 2024, the minutes of which were set out at section 6 of the report.

The proposed changes were detailed in paragraphs 3.2-3.6 of the report and at Appendix A. There was an additional change detailed in paragraph 7.2 of the report regarding the need for consistency on the number of letters of representation from different households.

In relation to the number of letters of representation, Members were referred to a drafting error on page 520 of the Agenda. “More than five” should read “five or more”. This confirmed that the minimum number of relevant letters of representation would be five – the proposed change, as drafted, implied that the minimum number could have been six, which was incorrect.

The Chairperson of the Planning Committee, Councillor Stamp, supported by Councillor Jones, proposed the recommendations set out in the report, subject to the reference to “more than five relevant letters of representation” on page 520 of the Agenda being amended to read “five or more relevant letters of representation”.

Councillor Hackwell, supported by Councillor Gilbourne, proposed the following amendment:

Council is recommended to approve the changes to the Planning Code of Good Practice, as set out in Appendix B to the report subject to the following wording to be added to the end of section 7.1 (ii) of Appendix B (page 523 of the Agenda):

Each Ward Councillor will also be permitted to speak for up to 2 minutes at the end of the debate, prior to any summing up by the Chairperson and the vote being taken.

Amended recommendation 1.2 reads:

Council is recommended to approve the changes to the Planning Code of Good Practice, as set out in Appendix B to the report subject to the following wording to be added to the end of section 7.1 (ii) of Appendix B (page 523 of the Agenda):

Each Ward Councillor will also be permitted to speak for up to 2 minutes at the end of the debate, prior to any summing up by the Chairperson and the vote being taken.

Upon being put to the vote, the amendment was lost.

Decisions:

a)      The Council approved the changes to the Employee Delegation Scheme, as set out in Appendix A to the report, subject to the reference to “more than five relevant letters of representation” on page 520 of the Agenda being amended to read “five or more relevant letters of representation”.

b)      The Council approved the changes to the Planning Code of Good Practice, as set out in Appendix B to the report.

This report seeks the Committee support to update the scheme of delegation in relation to the referral of planning applications to the Planning Committee. The report also sets out some proposals in relation to the role of ward Councilors addressing the Committee.

Discussion:

The Committee received a report updating the Scheme of Delegation in relation to the referral of planning applications to the Planning Committee. The report also set out some proposals in relation to the role of Ward Councillors addressing the Committee.

The Chief Planning Officer explained that he sought the Planning Committee’s views on changes to the Employee Scheme of Delegation and the Planning Code of Good Practice and, if approved, a report would be submitted to Full Council in April 2024.  He went through the amendments as set out in pages 49 – 59 in the agenda which included:

• Officers, under delegated authority, would be able to determine all application which were straight forward or technical in nature.
• To increase the number of relevant letters (from separate households) of representation, that would trigger a referral, from 3 to 5.
• Where the applicant was the Council, and the proposed development was contrary to Local Planning Policy, the decision should be made by the Planning Committee.
• Where one letter of representation was received from a Parish Council (which would normally trigger a referral) the Parish Council would also need to confirm if they wanted the application referred to Committee for determination.

• Officers to determine certain applications in regard to trees. 

Further amendments were:

• Ward Councillors to register their wish to speak at the Planning Committee meeting by 5.15pm on the day of the Committee.
• A Ward Councillor would only be permitted to address the Planning Committee once on an individual planning application, with the exception of a single Member Ward, who would be permitted to address the Planning Committee twice on an individual planning application.  
• If an application was deferred, the Ward Councillor would not be permitted to address the Committee again on the same application, unless the Committee received legal advice that it was a new application, or the application had significantly changed.
• Ward Councillors would be allowed to speak on a planning application for up to 5 minutes.

Committee Members then raised a number of questions and comments, which included:

A Parish Council may submit a representation, however, it may be a minor matter and the Parish Council would be satisfied that the planning application could be determined under delegated powers.  If the Parish Council determined that the planning application need to be considered by the Planning Committee, they would inform the Chief Planning Officer.

The Chief Planning Officer explained that “relevant letters” meant those that raised planning issues and not just comments relating to things like loss of property value or loss of view both of which were not planning matters.

The Chief Planning Officer clarified that Ward Councillors could request, in writing with reasons, for any planning application to be referred to a Planning Committee meeting for consideration.  Where a Member “called in” a planning application, Members commented they would appreciate them attending the meeting to speak as a Ward Councillor to explain their reasons why they called it in.

Decision:

a)     The Committee recommended  ...  view the full minutes text for item 681