What kind of applications does it
decide?
There is a protocol which sets out which
applications the committee will deal with and which decisions are entrusted to officers.
This is called the scheme of delegation.
- Scheme
of delegation for determining planning applications
Applications which come before the committee most
regularly are those:
- Where
there is a parish or town council objection
- When a
councillor has made a request for an application to be referred to
the committee
- Where
there is an objection from a statutory consultee
- Where
there is significant public interest, or
- If to
approve the application means making a departure from the
council’s planning policy
How does the committee get all the information it
needs?
Every application to be decided by the committee is
the subject of a report by a planning officer. The report
has to be published, along with the
agenda, at least five clear days before the meeting, and is
publicly available from that time. You can get copies from the
development control team or democratic services.
The report contains a description of the
application and the location of the site, sets out the relevant
policies, replies to consultation and publicity as well as the
local view from the parish council, an assessment of the plans made
by a planning officer and a recommendation on the course of action
the committee is advised to take.
Conduct of the meeting
Like most formal meetings, there are a few
preliminaries before applications are decided. The chairman will
make a few opening remarks to explain some of the features of the
committee – particularly public speaking (see
below).
The chairman will also ask for apologies for
absence, whether or not any councillor
is being represented by a substitute and declarations of interest
or of “lobbying” of members and will seek approval of
the minutes from the previous meeting.
To assist the chairman with the business there will
be a senior planning officer, a solicitor and the Democratic Services
officer.
Routinely the chairman will announce each
application in turn, ask the planning officer to present the report
and recommendation, including any updates since it was written, and
then invite the committee to debate the application.
Public speaking
Members of the public, whether applicants or
objectors, are able to speak at
committee meetings.
To ensure fairness certain procedures have to be observed. Anyone wishing to speak must
give at least 48 hours notice. When
this occurs, the other party is offered the same opportunity in the
interests of fairness. Except for major
applications only one speaker is allowed from each side, and
there is a maximum time of five minutes per
speaker.
On major applications (as defined in the General
Development Procedure Order 1995) up to five members of the public
may speak in support of the application and up to five members of
the public may speak objecting to the application. If there
are more members of the public wishing to object to the application
than to support it, or vice versa, the chair may at his discretion
adjust the period allowed for the side with the lesser number of
speakers in the interests of fairness.
Speakers are not allowed to introduce new material
– e.g. photographs or plans
– which have not already been submitted to the council
through the proper channels, otherwise they would not be available
for all parties to consider.
Roles of officers and members
Officers are present to advise the committee on the
planning merits of the proposals and the legal and procedural rules
which apply. But the decisions are taken by the councillors –
they are not bound to accept the officers’ advice or
recommendations.
Recommendations are based on national and
local planning policies and standards in force and the planning
officer’s own professional judgement. Some decisions are
finely balanced and almost all of the
applications dealt with by the committee will be contentious in
some way. It is the councillors’ job to decide which
arguments should prevail.
Good practice guide for councillors and
officers
A published good practice guide helps councillors
and officers involved in handling applications follow good practice
and ensure appropriate levels of probity are observed. Some of the
matters covered are declarations of interest and lobbying of
councillors, meetings, site visits and applications by members or
officers of the council.
Exempt and confidential business
Nearly all of the
planning committee’s business is conducted in public.
Occasionally it is necessary to ensure confidentiality, for example
when discussing a potential prosecution for unauthorised
development or considering an applicant’s personal or
financial circumstances. When this happens the formal minute of the
meeting will record the case and the outcome.
Site visits
Councillors may decide to inspect a site themselves
before making a decision. This enables
them to gain first hand knowledge of
the site and the surrounding area and to assess concerns which may
have been expressed in response to an application. There is no
discussion of the merits of a plan during the site visit.
Applicants will be advised of the arrangements, but neither they
nor any objectors will be allowed to address members at the site
visit. (Ongoing
strict social distancing rules apply).
Making the decision
Applications are decided by a majority of votes, or
if the voting is equal, on the casting vote of the chair.
Permission may be granted, with or without conditions, or refused.
When attaching conditions or refusing an application, reasons
have to be stated. If these are not
included in the officer’s report (if the decision is at
variance with the recommendation) they will be stated at the
meeting before the decision.
Minutes
A public record of the decisions taken is available
in the form of formal minutes, as soon as possible after the
meeting.
For details of forthcoming planning committee
meetings and venues, or details of the Code of Practice, please
contact Democratic Services on (01724) 296236 or the Development
Control team (Church Square House, 30-40 High Street, Scunthorpe,
DN15 6NL) (01724)
297000.