Issue - meetings

To consider the report of the Overview and Scrutiny Member Working Group (copy enclosed).

The Committee considered the report of the Overview and Scrutiny Committee Working Group (the Working Group) presenting a Member scrutiny item request and the initial assessment of the Working Group.

It was noted that this scrutiny request had been submitted by Councillor S J N Morgan and reported to the last meeting of this Committee. At the heart of the request were questions (set out in the report) posed to the Assistant Director: Planning and Implementation by Wickham Bishops Parish Council regarding a planning appeal in Church Road, Wickham Bishops.

The report provided information regarding the detailed assessment that had been undertaken by the Working Group. It was noted that a note had been issued to Wickham Bishops Parish Council providing an explanation of the process and rationale behind the response given to the Planning Inspectorate. As there was little scope for further detailed scrutiny, the Working Group endorsed the bringing forward of a strengthened Planning Appeals Protocol to help clarify the involvement of nominated Members in planning appeal matters. It was noted that the revised and strengthened Planning Appeals Protocol was the subject of a separate report due to be considered by the Committee.

In response to the earlier public participation, the Chairperson raised a number of questions and Officers provided the following information:

·                The Head of Service: Development Management and Building Control outlined the process undertaken by the Planning Department regarding the Council’s response provided to the Planning Inspectorate (PINS) regarding the Planning Appeal. It was noted that there was a very short timescale, and the response was given having taken into consideration reasonable judgement, which was legally supported, and officers’ professional opinion. The report set out the chain of events.

·                It was confirmed that legal advice had been provided, as to how the response back to PINS should be approved in the time available, by the Council’s Solicitor and Deputy Monitoring Officer at the time who had specialist knowledge of the planning system as well as the governance process of the Local Authority.

·                Discussions had taken place with Officers and the Council’s solicitor as to whether it would be classed as reasonable behaviour for the Local Authority to defend reason for refusal 1.

·                It was noted that this was an unprecedented set of events which neither Officers present had seen before.

The Chairperson moved the recommendation as set out in the report. This was duly seconded and agreed.

RESOLVED

(i)             That the Committee received and considered the report of the Working Group;

(ii)            That the scrutiny item raised by Councillor S J N Morgan relating to the Planning Appeal at Church Road, Wickham Bishops be concluded;

(iii)           That the recommendations of the Working Group that the proposed revision and strengthening of the Planning Appeals Protocol be endorsed.