Agenda item

(Deputy Monitoring Officer) To consider the attached report.

(a)            Chairmen of Area Plans Sub-Committees

Councillor K Wright explained the background to his approach to the Deputy Monitoring Officer for clarification of the role of a Chairman of an Area Plans Sub-Committee at the District Development Control Committee in relation to referred items.

The Committee considered the submissions of Councillor Wright, the views expressed by the Deputy Monitoring Officer and Sections 5 ('dual hatted' councillors) and 6 (fettering a councillor's discretion) of the Planning Protocol.

The Committee noted that when a matter was referred to the District Development Control Committee by an Area Plans Sub-Committee, an officer written report was submitted to the former which included the views expressed by the Sub-Committee and the reasons for referral.  Having regard to the possibility of new information being received between the meetings, further advice being given by the Planning Officers and different questions and points being raised by members, the Committee were of the view that when a referral was considered by the District Development Control Committee the application started afresh.  As a result the Chairman of an Area Plans Sub-Committee and members of that Sub-Committee were under no duty at the District Development Control Committee to present the views expressed by the Sub-Committee.

            RESOLVED:

            (1)            That the Deputy Monitoring Officer draft proposed amendments to Sections 5 and 6 of the Planning Protocol to make it clear in relation to items referred to the District Development Control Committee by an Area Plans Sub-Committee that the Chairman of the Sub-Committee and any Councillors who are members of both Committees are under no duty to support the views of the Sub-Committee at the District Development Control Committee; and

            (2)            That the Deputy Monitoring Officer circulate a draft of the proposed amendments to Sections 5 and 6 of the Planning Protocol to members of the Committee for approval with a copy also being sent to Councillor Wright; and

            (3)            That the Planning Protocol be republished in due course incorporating the agreed amendments.

(b)            Planning Applications submitted by Councillors, Officers and Others

The Deputy Monitoring Officer drew attention to Section 22 of the Planning Protocol which required District councillors and officers to inform the Monitoring Officer of the submission of their planning applications to the District Council. He advised that the Protocol linked with the delegated authorities held by the Head of Planning and Economic Development which did not extend to the Head of Planning and Economic Development determining a planning application from a councillor or officer of Planning Services or from any officer acting as an agent for an applicant.

The Deputy Monitoring Officer advised that the procedure had come under scrutiny recently because the fact that an applicant was a serving councillor had not been relayed to a case officer in Planning Services.  The resultant procedural problems were still being reviewed but it had become clear that the requirement in the Protocol to simply notify the Monitoring Officer might not be sufficient to ensure that a Case Officer appreciated that an application could not be determined under delegated authority.

The Committee considered proposed amendments to Section 22 of the Code.  They were advised that suggested complimentary changes to the terms of reference of Committees and the delegated authorities to the Head of Planning and Economic Development had not been approved by the District Development Control Committee which had expressed concern about the wide definition of some of the categories of applicant.  Accordingly, further consideration was to be given to the wording a proforma being considered for completion with future planning applications aimed at identifying applications submitted by councillors, officers etc.

            RESOLVED:

            (1)            That, irrespective of whether the Council changes the terms of reference of Committees or the delegated authorities to the Head of Planning and Economic Development and/or adopts a proforma to be submitted with planning applications, Section 22 of the Planning Protocol be amended to require serving councillors, chief officers, staff in Planning Services and any District Council staff acting as an agent for a planning application to advise the Head of Planning and Economic Development in addition to the Monitoring Officer when submitting or instructing an agent to submit a planning application on their behalf;

            (2)            That the Deputy Monitoring Officer redraft Section 22 of the Planning Protocol to reflect (1) above and that the amended draft be circulated to members of the Committee for approval; and

            (3)            That the District Council's District, Town and Parish Council Charter Review Working Group be asked to consider whether Parish and Town Councils should be encouraged to adopt the Planning Protocol as part of the review of the Charter.