Issue - meetings

Agenda Item 19 – Council Constitution – Scheme of Delegation – Service Delivery Directorate

Recommended that the revised Scheme of Delegation to the Assistant Director - Place and Community and to other Officers in relation to the Council’s public and other licensing functions as proposed and shown at APPENDIX A, be agreed.

Agenda Item 20 – Reference from the Overview and Scrutiny Committee – Planning Decision Making

Recommended

(i)             That the proposals for a ‘constitutional intervention or brake’ by way of a deferment, and also for technical briefings / presentations be endorsed;

(ii)            That subject to (i) above the consequential strengthening of the Planning Guidance in the Constitution and also the Operating Protocols of the Planning Committees as detailed below, be agreed.

The Council considered the following recommendations coming forward from the Performance, Governance and Audit Committee held on 18 June 2024.

Council Constitution – Scheme of Delegation – Service Delivery Directorate

RESOLVED That the revised Scheme of Delegation to the Assistant Director - Place and Community and to other Officers in relation to the Council’s public and other licensing functions as proposed and shown at Appendix A to the Minutes of the Performance, Governance and Audit Committee, be agreed.

Reference from the Overview and Scrutiny Committee – Planning Decision Making

Councillor Stamp highlighted an amendment to recommendation (ii) removing the word ‘below’ and replacing it with ‘paragraphs 3.2.7 – 3.2.9 and 3.3.4 of the report’. This amendment was noted.

A lengthy debate ensued, during which Members questioned the proposed constitutional intervention or break. Some examples of planning permissions decided by the Planning Inspectorate where the Council had costs awarded against it were also raised. It was noted that this matter had been brought forward by the Overview and Scrutiny Committee and sought to address some of the issues raised.

In response to a number of questions raised, Officers provided detailed information which included:

·                confirmation that although provision of a deferment was within the current Constitution this only gave provision for its use at the discretion of the Planning Committee Chairperson, whereas the proposed change would make it more compulsory for the brake to be applied.

·                It was envisaged that any brake would be for one meeting of that particular Planning Committee.

·                Extensions of time on Planning Applications were made with the agreement of the Applicant / Agent. Due to statutory duties the Council had to determine matters within specific timeframes and such extensions provide the Council with more time to make a decision and were common practice across all local authorities.

·                Once a planning application was being considered by the Planning Inspectorate for non-determination it could not revert back to the Local Planning Authority for determination.

·                The reason behind the deferment suggested as part of the new procedure was not to change Members’ minds but to allow a period of reflection and also ensure that a robust decision is made.

·                It was explained because any intervention or brake would be dealt with as a deferment and was not reconsideration of an application there would be no public participation for either the applicant or any interested parties.

The Chairperson then moved the recommendations as set out on the agenda. Upon a vote being taken this was duly agreed.

RESOLVED

(i)         That the proposals for a ‘constitutional intervention or brake’ by way of a deferment, and also for technical briefings / presentations be endorsed;

(ii)        That subject to (i) above the consequential strengthening of the Planning Guidance in the Constitution and also the Operating Protocols of the Planning Committees as detailed below in paragraphs 3.2.7 – 3.2.9 and 3.3.4 of the report, be agreed.