Issue - meetings

To consider the report of the Director of Strategy and Resources (copy enclosed).

The Committee considered the report of the Director of Strategy and Resources seeking a review of the Planning Appeal Protocol (the Protocol) (attached as Appendix A to the report).

The report provided background information regarding the review of the Planning Appeal Protocol which set out the role and involvement of Members in Planning Appeals, as good practice. It was noted that the Protocol should reflect practice advice issued by the Royal Town Planning Institute and further information around this was set out in the report. The Protocol had been considered by the Governance Working Group where it was agreed that the guidance should be strengthened to best protect the position of the Council when involved with Planning Appeals. The Working Group also felt that the Protocol should be raised with Chairpersons of Planning Committees and included in future Member training.

The Chairperson proposed that the recommendation as set out in the report be agreed. This proposal was duly seconded.

Councillor W Stamp raised a number of concerns regarding the Protocol and asked that it be recorded that she did not support this as a way forward.

During the debate that ensued, Members spoke both in favour and against the Protocol. The Chairperson reminded the Committee that it was not proposed to make the Protocol mandatory.

The Corporate Governance Project Officer explained how the current Protocol had not been consistently used and this was the reason why the Overview and Scrutiny Committee, as part of its work on decision making, had carried out a review. He provided some further detail in response to concerns raised regarding Members’ having to give evidence at appeal hearings.

In response to comments, the Assistant Director – Planning and Implementation provided the Committee with detailed information regarding the sign off process for Officer reports (and recommendations on planning applications) coming forward to Planning Committees. He spoke about the planning application appeal process and outlined the guidance of the Royal Town Planning Institute (RTPI) that a chartered Officer, regardless of the view of a Committee, had to uphold their professional view in respect of a planning application. An Officer would be in breach of their professional code of conduct if they were to defend a decision (even a Planning Committee one), if it was so far removed from their professional opinion. In these situations, the Council would search for a third party who was professionally able to support the decision the Planning Committee had made and ensure the decision was adequately articulated to the Planning Inspector at the appeal.

The Chairperson then moved the earlier proposal to accept the Officers’ recommendations to amend the Protocol. Upon a vote being taken this Motion was declared lost. The Chairperson declared that therefore the status quo would remain. The Corporate Governance Project Officer confirmed that no recommendation to the Council was required as no change was proposed.

RESOLVED that no change be made to the Planning Appeal Protocol.