Agenda item

To consider the report regarding the Planning Committee Working Group Recommendations relating to the Constitution.

Councillor Merifield summarised the report that made recommendations to change the Constitution. She highlighted some typos in the report that would be corrected. She outlined each of the four recommendations and proposed their acceptance.

 

Councillor Lemon seconded the motion and thanked the Interim Transformation Lead for all her work in the Planning area.

 

Councillor Light stated her opposition to mandatory training sessions as outlined in Appendix 2 of the report and said that this training should be voluntary. She said that she valued appropriate training.

 

Councillors Criscione, Tayler, Driscoll, Freeman and Lemon all spoke in support of the principle of mandatory training.

 

Councillor Merifield replied at the end of the debate. She highlighted that the training would be available to all members and they were all encouraged to attend.

 

The Chair moved to a vote.

 

RESOLVED to approve the four recommendations below:

 

Recommendation 1.  That the changes to the call in protocol (exact  wording) as set out in Appendix 1 should be approved as changes to the Constitution.

Appendix 1

 

Extract Part 5 Codes and Protocols

 

2. Procedure for calling in an application

 

2.1. Any member of the council may call in an application which would fall

to be dealt with by officers under delegated powers regardless of where

the application site is situated within the District.

 

2.2. If a member is considering calling in an application for a site in a ward

in respect of which that member is not a ward member then before calling

in the application the member shall inform the member or members for

that ward of the intention to do so.

 

2.3. A request for a planning application to be called in

must be:-

2.3.1. In writing (including e-mail);

2.3.2. Made within4 weeks of the validation date (which may be ascertained from the Council’s website):

2.3.3. State if the application is to be called in if the officer

recommendation is for approval or refusal (but not both);

2.3.4. Give valid planning reasons for requesting that the application be

called in.

 

Recommendation 2   That the changes to Member Training Requirements (exact wording) as set out at Appendix 2 should be approved as changes to the Constitution.

Appendix 2

 

Current wording:

Officers will arrange training on planning issues. All members of the Council will be invited to attend. All members of the Planning Committee should attend.

 

To be replaced with:

Officers will arrange an annual basic mandatory training session for Councillors who are members or substitute members of Planning Committee. This training must be undertaken before participating in decision making at Planning Committee. All members of the Council who are not on Planning Committee or a substitute member of planning committee will be invited to attend on a voluntary basis.  Officers will arrange and offer (in consultation with the Chair of Planning) a programme of topic focussed training to run throughout the year.  Topics to include review of decision made, visits to implemented schemes and updates on changes to planning law.  

 

Recommendation 3   That the changes relating to Planning and the Scheme of Delegation (exact wording) as set out in Appendix 3 should be approved as changes to the Constitution.

Appendix 3

 

Extract Section 2, Part 3 Responsibility for Function

 

ASSISTANT DIRECTOR PLANNING & BUILDING CONTROL

 

1.                  Carry out any functions laid out in the Schedule below, except for the determinationof:

 

1.1                                 Any application to implement permission otherwise than in accordance with conditions imposed by Committee,within 10years ofthe grantof permission where the application was accompanied by an Environmental Statement

 

1.2                                 Any application a member has called in for a planning reason within the agreed timeperiod;

 

1.3                                 Any application the granting of which would represent a departure from the Development Plan where the departure application is to be notified to the Secretary of State under the terms of the Town and Country Planning (Consultation) (England) Direction2009

 

1.4                                 Approval of Major Applications (as defined by the GDPO) in Great Dunmow, Saffron Walden and Stansted and approval of applications of more than 5 dwellingselsewhere. Approval of major applicationswhich fall into the category of a major application (as defined by the GDPO).

 

1.5                                 Any proposal involving the District Council either as applicant or landowner, either on its own, or jointly with another individual orbody;

 

1.6                                 Any application where the applicant is an officer of the Council, an elected Member or a spouse, child or partner

 

1.7                                 Applications which would otherwise be delegated but which the Assistant Director Planning and Building Control considers should come before theCommittee.

 

1.8                                 Any application for a Deed of Variation to a s106 Agreement which is an alteration to a Head of Term agreed by Planning Committee.

 

2          Carry out all functions related to the enforcement of planning legislation contained in the Schedule except that the issue of all formal notices must be jointly authorised by the Assistant Director - Governance andLegal

 

Recommendation 4   That the changes to the Protocol for Public speaking (exact wording) as set out in Appendix 4 should be approved as changes to the Constitution.

Appendix 4 – Extract Part 5 Codes and protocols.

PROCEDUREFOR PARISH/TOWNCOUNCIL REPRESENTATIVES/MEMBERS OFTHE PUBLICATTENDING MEETINGS OFTHE PLANNING COMMITTEE

 

2                      Attendanceby Parish/TownCouncillors andMembers ofthe Public

2.1                   Town/parish councilsand applicants/agents,objectors andsupporters maymake representations onall applications. If an application is recommended for approval and there are no registered speakers against the application the applicant/agent will not have the right to make representations.

 

2.2                   Tworepresentatives ofthe townor parishcouncil mayalso attendsite visits.(see Procedure for Members’Site Visits above).

 

2.3.                   The Town or parish council representative and members of the public may attendthe meeting and speak on any application. They must register with the DemocraticServices Officerat UttlesfordDistrict Council(telephone 01799510410) or email:committee@uttlesford.gov.ukby2pm onthe daybefore themeeting. Theorder ofspeaking foreach applicationwill beas follows

 

1.   Non-committeemember

2.   Supporters

3.   Objectors

4.   Townor parishcouncil

5.   Applicantor Agent

 

2.4                   The town/parish council representative may speak for up to 5 minutes, members of the      public may speak for up to 4minutes. Applicants and their representatives may speak for up to 15 minutes

 

2.5                   At the meeting those making representations should sit in the public area until the relevantitem is to be considered.

 

2.6                   Those making representations should sit at the allotted deskalongside members to make their statement and having made their statement should then  returnto the public area(or leave the meeting).