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Agenda item

Amendments to the Constitution - Report of the Constitution Working Group

Purpose

The purpose of the report is to consider updates to the planning scheme of delegation following recommendations by the Planning Advisory Service for the benefit of all stakeholders.

 

Recommendations

That Council resolves to:

1.    Approve the changes to the Scheme of Delegation in respect to the Call in of planning applications and notifications to the Planning & Licencing Committee.

2.    Approve the other changes to the Scheme of Delegation relating to Article 4 directions and Disposal of Planning applications.

3.    Approve the change in frequency of the Planning Review Panel and the associated changes to the Planning Protocol in respect to this and the required attendees.

Minutes:

The purpose of the report was to consider updates to the planning scheme of delegation following recommendations by the Planning Advisory Service for the benefit of all stakeholders.

 

Councillor Layton as Cabinet Member for Planning and Regulatory Services introduced this item and outlined the following points:

 

  • It was highlighted that there were changes to the call-in regime which were proposed. It was noted that the call-in process would now come at the end of the proposed scheme in line with Planning Advisory Service (PAS) Review recommendations.
  • It was highlighted that the changes to the scheme were around increasing Member engagement with planning officers and giving applicants more certainty as to how the decisions should be made.
  • It was noted that the planning protocol flow diagram on page 99 of the pack would be updated to correct an error.
  • It was highlighted that the proposed call-in process to begin from the validation of the planning application would give more certainty to the applicant and would provide more time for any member concerns to be raised.
  • It was highlighted that the Planning Review Panel would meet every two weeks to ensure that applications could be dealt with in a timely fashion.
  • It was noted that Article 4 Directions to be updated within the scheme delegation to ensure that these directions can be applied as needed.
  • It was also highlighted that the procedure for the ‘disposal of applications’ at paragraph 3.17 would be updated to ensure that applications no longer considered’ ‘live’ (no progress within 6 months of a Council request) would not remain on file.

 

Councillor Fowles seconded and then outlined the following points:

 

  • There was agreement with some of the changes proposed such as Article 4 Directions and the disposal of old applications. 
  • It was noted that there were some concerns regarding the Scheme of Delegation but in principle the recommendations were supported. 

 

It was noted by some Members that there could be more pressure on Ward Members to examine Planning applications with a 28-day call-in period. This was particularly true for Members representing wards with higher numbers of applications where there was a higher workload.

 

It was also noted by some Members that communication with planning officers was important to ensure Ward Members were kept informed. There also needed to be consideration as to what would happen if Members were away for a period of time.

 

There were various comments that Town and Parish Councils would need to be made aware by Ward Members and officers and that some of these meetings were not as frequent. 

 

There were concerns around Planning and Licensing Committees considering a single application and how the time of the Committee needed to be valued.

 

The updates to Article 4 Directions were welcomed to give the Senior Officer for Planning the power to deal with these important legal documents.

 

It was important to note that whilst the proposal was a compromise it was hoped that this would improve the application process in-line with best practice.

 

Councillor Layton in summing up responded to some of the points raised:

 

  • Applications were sent to the Ward Members routinely by email for them to see, and the 28-day period would allow Members to reply.
  • Sites Inspection Briefings whilst valuable could slow the process down considerably but any request could be considered prior to Committee.
  • Town and Parish Councils were a statutory consultee and not a decision-maker in the process. It was highlighted that this process would be for Members of the Council to consider.

 

The Interim Development Manager was invited to come forward to support in summing up the following point:

 

  • It was expected that Town and Parish Councils would be listened to within the 28-day call-in process. 

 

  • It was noted that an option on the pro-forma would be made following Member concerns for sites inspection briefings and then reviewed by the Planning Review Panel.

 

  • It was highlighted that objections received needed to be checked manually which could be difficult to do quickly, but it was recognised that it was important for these objections to be published.

 

  • In regard to how many applications go to meetings for determination, it was outlined that there is a time pressure for dealing with applications and the number of applications is determined by the Planning Review Panel.

 

Following requests from Members, it was confirmed that the Constitution Working Group would review the scheme and the changes made in April/May 2025.

 

RESOLVED: That Full Council

1.    APPROVED the changes to the Scheme of Delegation in respect to the Call in of planning applications and notifications to the Planning & Licencing Committee.

2.    APPROVED the other changes to the Scheme of Delegation relating to Article 4 Directions and Disposal of Planning applications.

3.    APPROVED the change in frequency of the Planning Review Panel and the associated changes to the Planning Protocol in respect to this and the required attendees.

 

Voting Record

 

28 For, 0 Against, 0 Abstention, 6 Absent/Did not vote

 

For

Against

Abstention

Absent/ Did not vote

Andrew Maclean

 

 

Angus Jenkinson

Chris Twells

 

 

David Cunningham

Claire Bloomer

 

 

Dilys Neill

Clare Turner

 

 

Gary Selwyn

Daryl Corps

 

 

Joe Harris

David Fowles

 

 

Ray Brassington

Gina Bloomfield

 

 

 

Helene Mansilla

 

 

 

Ian Watson

 

 

 

Jeremy Theyer

 

 

 

Jon Wareing

 

 

 

Julia Judd

 

 

 

Juliet Layton

 

 

 

Len Wilkins

 

 

 

Lisa Spivey

 

 

 

Mark Harris

 

 

 

Michael Vann

 

 

 

Mike Evemy

 

 

 

Mike McKeown

 

 

 

Nigel Robbins

 

 

 

Nikki Ind

 

 

 

Patrick Coleman

 

 

 

Paul Hodgkinson

 

 

 

Roly Hughes

 

 

 

Tom Stowe

 

 

 

Tony Dale

 

 

 

Tony Slater

 

 

 

Tristan Wilkinson

 

 

 

 

Supporting documents:

 

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