Agenda item

To consider the report of the head of legal and democratic on three aspects of the scheme of delegation to the head of planning – attached.

Council considered the report of the head of legal and democratic on three aspects of the scheme of delegation to the head of planning

Councillor Anne-Marie Simpson moved, and Councillor Peter Dragonetti seconded the following motion:

That Council 

1.    agrees, with effect from the date of this meeting, to extend the temporary change in town or parish trigger arrangements agreed by the chief executive under emergency powers on 18 May 2020 so that minor applications (e.g. 1-9 new houses) continue not to be automatically triggered and referred to the Planning Committee where the officer’s recommendation for approval/consent is in direct conflict with the clear and unambiguous views of the town or parish council;

2.    agrees to further review the operation of these town or parish trigger arrangements at a Council meeting by no later than 31 July 2021;

3.    agrees, with effect from the date of this meeting, that a ward councillor (to include adjacent ward councillor whose parish has been consulted) may call in a planning application (except an application for a certificate of lawful use or development, prior approval or notification), within 28 days of the start of the consultation period, to be considered by the Planning Committee. This request must be in writing and refer to material planning matters to ensure the audit trail for making that decision is clear and unambiguous;

4.    agrees, with effect from the date of this meeting, to make permanent the change that prior approvals and notifications are no longer referred to the Planning Committee;

5.    authorises the head of legal and democratic to make the necessary changes to the Constitution and to make any minor or consequential amendments to the Constitution and the rules for consistency and to reflect the council’s style guide.

In moving the motion, Councillor Anne-Marie Simpson stated that there was an increasing number of planning applications waiting to be considered by the planning committee and therefore the temporary change in town and parish council trigger arrangements needed to continue to help reduce a building backlog of applications waiting for a committee decision. The motion sought to simplify the ward councillor call-in arrangements with the removal of the previous consultation arrangements with the head of planning and chair and vice chair of the planning committee. Ward councillors would now have an automatic right to refer an application to the planning committee thus recognising the local community leadership role of ward councillors. 

Amendment 1

Councillor Stefan Gawrysiak moved, and Councillor Mocky Khan seconded an amendment to restore the automatic trigger and referral of minor applications (e.g.1-9 houses) to the planning committee where the officer’s recommendation for approval/consent is in direct conflict with the views of the town or parish council.

Those who supported the amendment expressed the view that it was important to restore the local democratic right of parish/town councils to have such applications considered by the planning committee. However, the majority of councillors supported the view that going back to the old scheme at this time would mean more planning committee meetings with their associated costs and with slow progress on committee decisions there was an increased risk of planning appeals for non-determination. The motion provided for the call in of applications to the committee by ward councillors who should liaise with their parish/town councils in respect of any concerns they have with particular applications.

In accordance with Council Procedure Rule 67, which provides for a recorded vote if three councillors request one, the chairman called for a recorded vote on the amendment which was declared lost with the voting as follows:

Amendment 2

Councillor Simon Hewerdine moved, and Councillor Robin Bennett seconded an amendment to include the following wording at the end of 2 of the motion to ensure that the provisions agreed at the meeting would not continue without a Council vote at the proposed review. 

“these trigger arrangements will automatically lapse unless full Council votes to renew them at the review”.

With the agreement of Council, the mover and seconder of the original motion accepted the amendment.

On being put the motion as amended was carried.

RESOLVED: to

1.    agree, with effect from the date of this meeting, to extend the temporary change in town or parish trigger arrangements agreed by the chief executive under emergency powers on 18 May 2020 so that minor applications (e.g. 1-9 new houses) continue not to be automatically triggered and referred to the Planning Committee where the officer’s recommendation for approval/consent is in direct conflict with the clear and unambiguous views of the town or parish council;

2.    agree to further review the operation of these town or parish trigger arrangements at a Council meeting by no later than 31 July 2021; these trigger arrangements will automatically lapse unless full Council votes to renew them at the review;

3.    agree, with effect from the date of this meeting, that a ward councillor (to include adjacent ward councillor whose parish has been consulted) may call in a planning application (except an application for a certificate of lawful use or development, prior approval or notification), within 28 days of the start of the consultation period, to be considered by the Planning Committee. This request must be in writing and refer to material planning matters to ensure the audit trail for making that decision is clear and unambiguous;

4.    agree, with effect from the date of this meeting, to make permanent the change that prior approvals and notifications are no longer referred to the Planning Committee;

5.    authorise the head of legal and democratic to make the necessary changes to the Constitution and to make any minor or consequential amendments to the Constitution and the rules for consistency and to reflect the council’s style guide.