Appendix 7
Proposed Changes to the Constitution Development Committee Terms of Reference
Chapter 5 Part 3 of the Constitution
Proposed Changes and Reason
Current wording of the Constitution
Terms of Reference:
1. To determine all planning and listed building applications
and related matters, enforcement matters, tree and
hedgerow matters, and Conservation Area matters,
subject to the provisions outlined below.
2 To make decisions on planning and listed building
applications which would be contrary to policy, only when
the Head of Planning , or his or her
authorised representative, confirms that the departure is of
a minor nature; or that there are sound Planning reasons
for the said departure
3 To receive information and monitoring reports on items
determined under delegated powers and on the status of, or
decisions on appeals.
ADD To undertake all statutory functions of the Council,
acting as Local Planning Authority, including ……….
2 – to be deleted as not necessary
4. To establish a judging panel as required to promote,
consider, evaluate and judge submissions under the
Graham Allen Awards Scheme and make awards
accordingly
3 – to be deleted as not necessary to include in the
Constitution.
The Committee receive regularly performance information.
For clarification purposes, add:
The panel shall comprise of at least 8 members of
Development Committee (who need not to be politically
balanced) and a representative from the Allen family.
5. When a determination under paragraph 1 or 2 would, in
the view of the Head of Planning;
a) have major implications for planning policy or
b) be a significant departure from the Development Plan
without sound reasons for doing so
c) would fail to observe the proper principles of planning
When a determination under paragraph 1 or 2 would, in the
view of the Head of Planning;
a) have major implications for planning policy or
b) be a significant departure from the Development Plan
without sound reasons for doing so
c) would fail to observe the proper principles of planning
7.1
decisions
that matter will be deferred until a subsequent meeting of
the Development Committee when the membership will be
invited to consider and determine that matter, following
consultation, in appropriate cases, with the Council‘s
Monitoring and Section 151 Officers
decisions
The above text remains unaltered.
The resolution is made ‘MINDED To… and the application
is deferred until a subsequent meeting of the Development
Committee when a ‘risk assessment’ report will be
presented outlining the implication of such action.
6. When the Development Committee Chairman wishes to
speak on a Planning matter relating to his/her Ward, he/she
will be permitted to vacate the Chair and speak from the
floor as a Local Member, returning to the Chair once the
matter has been determined.
7. To make recommendations to the Cabinet or Council on
matters of Panning policy or practice
8. For the avoidance of doubt the quorum of meetings
under paragraph 5 will be one half of the total number of
Members of the Development Committee
Note: The applications referred to in these Terms of
Reference are those detailed in Part III of the Town and
Country Planning Act 1990; in the Planning (Listed
Buildings and Conservation Areas) Act 1990; in the
Planning (Hazardous Substances) Act 1990 and in any
enactment modifying, amending or replacing
any of these enactments. The expression shall also apply to
any reference to an application to be decided by the
Council in relation to any matter covered by these Terms of
Reference and not specifically allocated to another
Committee
Remains unaltered
Add ‘Working Parties’ in advance of Cabinet
Remain unaltered
Suggest amended wording for clarification:
Note: The applications referred to in these Terms of
Reference are those detailed in the Town and Country
Planning Act 1990; in the Planning (Listed
Buildings and Conservation Areas) Act 1990; in the
Planning (Hazardous Substances) Act 1990 and in any
enactment modifying, amending or replacing
any of these enactments and in any Regulation(s) or
Order(s) made thereunder.
7.2
APPENDIX 8
PROBITY IN PLANNING
Planning Committee Code of Practice
(adopted by Plymouth City Council on16th September 2013)
Authors: Assistant Director of Planning, Head of Development
Management and Senior Lawyer
Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Introduction
Status of the Code
General Role and Conduct of Councillors and Officers
Declaration and Registration of Interest and Bias
Predetermination, Predisposition or Bias
Development Proposals Submitted by Members, Officers and the
Council
Lobbying
Ward Member Involvement in Planning Application Process
Roles of Members and Officers at Planning Committee
Order of Planning Committee Considerations
Public Speaking at Planning Committee
Site Visits
Decisions Contrary to the Development Plan
Decisions Contrary to Officer Recommendation
Appeals and Inquiries
Quality of Service
Monitoring and Review of Decisions
Training
Complaints
V1 September 2013
8.1
Not protectively marked
14.0 DECISIONS CONTRARY TO OFFICER RECOMMENDATION
14.1
Department of Communities and Local Government Circular 03/09 advises that the most
common cause for costs being awarded against a Local Planning Authority is where there
are unsubstantiated reasons for refusal. However, the circular recognises that planning can
often involve judgements concerning the character and appearance of a local area and the
precise interpretation and application of development plan policy requirements. As such
the circular states:
“Planning Authorities are not bound to accept the recommendations of their officers.
However, if officers’ professional and technical advice is not followed, authorities will need
to show reasonable planning grounds for taking a contrary decision and produce relevant
evidence on appeal to support the decision in all respects. If they fail to do so costs may
be awarded against the authority”. (DCLG Circular 03/09, paragraph B20, April 2009).
14.2
Planning applications can also give rise to local controversy and sustained opposition,
leading to Members being actively lobbied (see Section 7). However local opposition or
support for a proposal is not, in itself, a ground for refusing or granting planning
permission, unless it is founded upon valid planning reasons. Planning authorities will be at
risk of costs for unsubstantiated reasons for refusal that rely almost exclusively on local
opposition for their justification.
14.3
Once the Planning Committee agenda has been published any member may seek advice
from Planning Officers, irrespective of the recommendation made on any particular
planning application, and discuss what options there are with the Assistant Director for
Planning or the Head of Development Management.
14.4
If a decision is to be made contrary to the Assistant Director for Planning
recommendation, then the Members proposing, seconding or supporting a contrary
decision must agree the planning reasons leading to this decision and must also give
Officers an opportunity to explain the implications of such decision prior to the vote. The
reasons for the decision must be given prior to the vote and shall be minuted.
8.2
14.5
14.6
In the event that the Planning Committee is minded to grant an application contrary to
Officers recommendation then they MUST provide:
(i)
Full conditions and relevant informatives;
(ii)
Full statement of reasons for approval (as defined in Town & Country Planning
(General Development Procedure) (England) (Amendment) Order 2003);
(iii)
Relevant Local Plan and Local Development Framework policies and proposals.
Where a Member of the Planning Committee moves a motion to refuse an application
contrary to the Officers’ recommendation then the Member moving the motion MUST
provide:
(i)
Full reasons for refusal, which must include a statement as to demonstrable harm
caused and a list of the relevant plan and policies which the application is in
conflict with;
(ii)
Statement of other policies relevant to the decision.
14.7
In the event of a Member motion to refuse, which is seconded, the Chair will if necessary
adjourn the meeting for a few minutes to allow Officers to advise of any other relevant
planning issues to assist them with their reasons. Vague, generalised or inaccurate
assertions about a proposals’ impact, which are unsupported by an objective analysis, are
more likely to result in a costs award.
14.8
If the Member moving the motion does not meet the requirements of (i) and (ii) above the
motion shall be not be deemed to have been properly made.
14.9
If, in the opinion of the Assistant Director for Planning the possible decision of the Planning
Committee to refuse planning permission would carry a high risk of an award of costs
against the Local Planning Authority, s/he shall formally ask the Planning Committee to
defer a decision and this advice will be formally minuted. The purpose of the deferral shall
be to provide time for a full consideration by Officers of the Planning Committee’s
concerns about the application, such that Officers may advise of grounds of refusal, should
the Planning Committee remain minded to refuse the application. In making an assessment
about the level of risk of a cost award, the Assistant Director for Planning shall have regard
to:
•
•
•
The application’s level of compliance with the Local Development Framework and
other adopted policies;
The robustness of the evidence that can be cited to support a refusal of planning
permission;
All other material considerations.
8.3
14.10 Any decision made during the Planning Committee forms the full and final decision of the
Council (subject to agreed matters for deferral and final ratification) and it is therefore
essential that both Members and Officers carefully follow the above procedure in order to
provide a legally binding decision.
8.4
APPENDIX 9
Appendix 9: List of Delegated duties
Planning and Related Applications













The determination of all planning and related applications in accordance with in accordance
with the conditions specified in paragraph 6.2 of the Chapter 6 of the Constitution
The determination of prior approval applications in accordance with paragraph 6.3 of Chapter 6
of the constitution
The issue of all decision notices including reasons for refusal and imposition of conditions in
respect of Planning, listed building, tree preservation orders, advertisement applications
application, trees in conservation area notification, hedgerow notifications,
Initiating consultations on planning applications
Initiating publicity for planning applications
To determine the conditions to be imposed on any grant of Planning permission or similar
consent, and whether a Planning Obligation pursuant to Section 106 of the Town & Country
Planning Act 1990 is required and to authorise the Head of Legal Services to secure such an
Obligation
To formulate conditions and reasons for refusal, the substance of which has been determined by
Development Committee
To determine applications made under Section 191 or 192 of the Town and Country Planning Act
1990 (as amended), after consultation with the Head of Legal Service
Approval of details required to be submitted by condition and discharge of conditions
The determination of ‘permitted development’ proposals affecting SPA and SAC sites.
To make representations in relation to Government consultations and to other Authorities
concerning planning application within that Authority’s area
To comment upon development proposals made by Norfolk County Council and other public
bodies, unless such an application is considered by the Head of Planning (after consultation with
Chairman and/or Vice Chairman of Development Committee) to be of such district wide
significance or so contentious that it should in the public interest be referred to Development
Committee
To make representations including the submission of cost claims (and responses to such claims
made against the Council) to the Secretary of State in respect of all Planning and enforcement
appeals conducted by exchange of written representation and by a hearing, including those
under the provisions of the Town and Country Planning (Appeals)(Written Representation
Procedure)(England)Regulations 2000, the Town and Country Planning (Hearings
Procedure)(England) Rules 2000 and other relevant legislation/regulations (for appeals against
the refusal of permission, or conditions and against enforcement notice.
9.1



To give evidence including the submission of cost claims (and responses to such claims made
against the Council) at all Planning and enforcement enquiries, including those conducted under
the provision of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 and
the Town and Country (Determination by Inspectors)(Inquiries Procedure)(England) Rules 2000
(appeals against the refusal of permission or conditions or in respect of applications called in by
the Secretary of State) and the Town and Country Planning (Enforcement)(Inquiries Procedure)
Rules 1992 (appeals against enforcement notices).
To require the submission of an Environmental Assessment under Regulation 9 of the Town and
Country Planning (Assessment of Environmental Effects) Regulations 1999
To give and adopt such notices and opinions and to take such action as may be necessary to
ensure compliance with the Town and Country Planning (Environment Impact
Assessment)(England and Wales)(Regulations 1999.
Enforcement

The serving of Enforcement Notices in accordance with applications in accordance with
paragraph 6.4 of Chapter 6 of the constitution
With regard to the enforcement of the Planning Legislation the Head of Planning is authorised to
undertake the following

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


To authorise entry to land in accordance with enforcement function in relation to Town and
County Planning (and related matters)
To serve Planning Contravention Notices
To serve Requisition for Information Notices
To determine the termination of investigative action in case where it is not expedient
/appropriate to pursue enforcement action
To serve Breach of Condition Notices
To serve Notices under S215 in respect of Untidy Land
Once enforcement action authorised (6.4(a) – this includes
Prosecution in relation to extant notices
Conduct of Time and Place meetings
The service of Temporary Stop Notices and Stop Notice, Building Preservation Notice provided
such action is reported to the Chairman and/or Vice Chairman and Local Member(s) at the
earliest opportunity.
Miscellaneous



Providing observations on Good Vehicle Operators Licenses
Providing observations to exempt organisations re paras 4,5 and 6 of Schedule to the Caravan
Sites and Control of Development Act 1960
Making of Orders in connection with Public Rights of
9.2
Trees and Hedgerows

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

Authority to make a Tree Preservation Order
Authority to send Section 3 letter to recipients of Tree Preservation officers
In cases where no objections are received, to confirm or revoke a Tree Preservation Order
Publicity, consultation and determinations involving works to trees protected by Tree
Preservation Orders, trees in Conservation Areas, and trees the subject of planning permission.
Publicity, consultation and determinations involving work under the Hedgerow Regulations,
excluding the signing or rescission of a Hedgerow Retention Notice.
Signing or rescission of Hedgerow Retention Notices
Comments on Felling Licence applications
Comments on consultations including those from Highway Authority re biodiversity, nature
conservation and landscape related matters
Historic buildings and Conservation



Initiating publicity and consultations on matter including Conservation Area, Listed Buildings and
historic heritage and design proposals.
Determination of listed buildings and other historic grants
Serving of listed building repair notices
It should be noted that this list is not exhaustive, but is aimed to cover the main list of activities
undertaken by the Council as Local planning Authority.
9.3
Appendix 10 PLANNING – Legislation for Authorisations
Act
Town & Country Planning Act 1990
Town & Country Planning Act 1990
Part
Part 3
Part 7
Section
S62-81
Section 191 or 192
Town & Country Planning Act 1990
Town & Country Planning (Control of
Advertisement Regulations 1992 (as
amended)
Planning (Listed Building and Conservation
Areas) Act 1990
Town & Country Planning Act 1990
Part3
Part 3
Section 106
Section 9-19
Purpose
Determination of applications
Certificate if lawfulness of existing use or development /
Certificate of proposed use or development
Legal Agreements/Unilaterals
Determination of advert applications
Part 1
S17-22
Listed Buildings applications
Part 8
S198 -202
Town & Country Planning Act 1990
Planning (Hazardous Substances) Act 1990
Anti-Social Behaviour Action 2003
Part 8
All
Part 8
Section 211
S4-19
S74
Tree Preservation Orders – making of orders and dealing
with applications
Felling of trees within Conservation Areas
Hazardous substance applications
Serve high hedge enforcement notices
Enter land
Prepare case where appeal lodged
Determine a complaint and to issue a decision
Part 7
S196A-C
Entry to land – general powers
Part 15
S324
Entry to land – CPO/development plan
Part 3
S88
Entry to land-Listed buildings
All
Part 5
Part 8
S36
S97
S214B-D
Entry to land – hazardous substances
Hedgerow regulations power to entry
TPO entry powers
Part 7
Part 7
S187A
S171C
Issue and serve Breach of Condition Notice
Serve Planning Contravention Notices
Power of Entry
Town & Country Planning Act 1990 (as
amended)
Town & Country Planning Act 1990 (as
amended)
Planning (Listed Building and Conservation
Areas) Act 1990
Hazardous Substances Act 1990
Environment Act 1995
Town & Country Planning Act 1990
Enforcement
Town & Country Planning Act 1990
Town & Country Planning Act 1990 (as
amended)
10.1
Town & Country Planning Act 1990
Local Government (Miscellaneous
Provisions) Act 1976
Town & Country Planning Act 1990 (as
amended)
Town & Country Planning Act 1990 (as
amended)
Planning (Listed Building and Conservation
Areas) Act 1990
Planning (Listed Building and Conservation
Areas) Act 1990
Planning (Listed Building and Conservation
Areas) Act 1990
Town & Country Planning Act 1990 (as
amended)
Town & Country Planning Act 1990 (as
amended)
Direct Action
Town & Country Planning Act 1990 (as
amended
Town & Country Planning Act 1990 (as
amended
Town & Country Planning Act 1990 (as
amended
Planning (Listed Building and Conservation
Areas) Act 1990
Planning (Listed Building and Conservation
Areas) Act 1990
Other regulations
Town & Country Planning General
Regulations 1992 (as amended)
Planning (Hazardous Substances)
Regulations 1992 as amended by the
planning (Control of Major Accident
Part 15
S330
S16
Requisition of Information
Requisition of Information
Part 7
S172
Serve enforcement notices
Part 8
S215
Untidy site notices
Part 1
S38
Listed building Enforcement Notice
Part 1
S54
Urgent works (unoccupied LB)
Part 1
S48
Repairs notice
Part 7
S183-184
Stop Notices
Part 7
S171E
Temporary Stop Notices
Part 7
S178
Execution and cost of works required by Enforcement Notice
Part 8
S219
Direct action and recovery of cost relating to S215 Notice
Part 8
TPO/Conservation orders and replacement trees
Part 1
S207
S209
S3
Part 4
S42
Execution and cost of works required by Enforcement Notice
All
Reg 3 or 4
Development by County council
All
Building Preservation Notice
Hazardous substance applications
10.2
Hazards) Regulation 1999
Town & Country Planning (General
Permitted Development (England) Order
1995 as amended Hedgerow Regulations 1997
Hedgerow Regulations 1997
Appeals
Town & Country Planning
(Appeals)(Written Representation
Procedure) (England) Regulations 2000
Town & Country Planning (Hearing
Procedure) (England) Regulations 2000
Town & Country Planning (Inquiries
Procedure) (England) Regulations 2000
Town & Country Planning (Enforcement
Notices and Appeals)(England) Regulations
2002
Environmental Assessment
Town and Country Planning (Environmental
Impact Assessment) Regulations 2011
All
Prior approval process
Interpretation of pd rights
All
Regulation 8
Hedgerow regulations – dealing with application
Replacing notice under the hedgerow Regs
All
Preparation appeals
All
Represent the Council at Hearings
All
Represent the Council at Public Inquiries
All
Appeals against enforcement notices
Part 3 and Part
4
Submission, scoping and screening opinions
10.3
Appendix 11 – Amended 15 February 2015
Delegation
Chapter 6 of The Constitution, Section 6 paragraphs 6.2-6.4
Current wording
6.2 Determination of Planning and Listed Building
Applications
Reserved to: Development Committee
Default Delegation to: Head of Planning
Conditions:
Proposed Changes
Add to undertake all statutory functions of the Council
acting as Local Planning Authority including to
Determine all planning and listed building applications and
related matters (exclude reference to enforcement matters)
tree and hedgerow matters
(a) All Members to be notified weekly of all applications
received in the last seven days
(b) No request for the application to be considered by
Committee has been received from a Member within 14
days of notification and
(c) No written representations with which the local District
Councillor (or either one of them in two-Member wards)
agrees, have been received from a Town or Parish Council
which conflict with the intended determination and
(d) No other written representations have been received
which conflict with the intended determination and which, in
the view of the Head of Planning, contain unresolved
objections or comments which are material considerations
in planning terms.
(e) Where the proposed decision to be taken is against the
advice of a technical consultee then the Head of Planning
should ensure that there are sound planning reasons for the
decision and that these are properly recorded. The Local
Member(s), Planning Portfolio Holder and the
Remains unaltered
Remains unaltered
Remains unaltered
Remains unaltered
Remains unaltered
11.1
Development Committee Chairman should be consulted.
(f) In relation to any delegated powers, the condition of
consulting a Member does not need to be observed where
that member is unable to respond due to a conflict. In such
circumstances the Head of Planning may consult with the
Chairman of the Development Committee
Notes:
Remains unaltered
Remains unaltered
(1) When the intended course of delegated action is to refuse an
application in accordance with policy and representations are
received from third parties, to the effect that they do not object,
then a delegated refusal may still be issued
(2) When the intended course of delegated action is to refuse an
application in accordance with policy and representations are
received from third parties, to the effect that they object on other
grounds which, in the view of the Head of Planning, are
incapable of substantiation on appeal, then a delegated refusal
on the originally recommended basis may still be issued.
(3) The requirement to refer to Committee shall not apply where
the intended course of delegated action is to approve an
application in accordance with this scheme of delegation, and
where objections have been received with which the local District
Councillor(s) disagree(s) OR where the intended course of action
is to refuse an application in accordance with this scheme of
delegation where a letter or letters of support have been received
with which the local District Councillor(s) disagree
4) Applications submitted by or on behalf of the District
Council and applications for wind turbines and solar farms
may be determined under delegated powers with the
agreement of the local District Councillor(s) and the
Chairman or Vice-Chairman of the Development Committee
6.3 Responses to prior notification/approval under the
provisions of the Town and Country Planning (General
Permitted Development) Order 1995, involving
agricultural buildings and operators (Part 6),
development by telecommunications code system
Remains unaltered
Remains unaltered (Local Member Protocol)
Definition of Solar Farm added.
To give notice in respect of all prior approval applications
made under the Town and Country Planning (General
Permitted Development)(Amendment)(England) Order 2013
and any subsequent amendments and to grant or refuse
prior approval on behalf of the Local Planning Authority in
11.2
operators (Part 24) and demolition of buildings (Part 31) cases where the developer has been given notice that such
Conditional Delegation to: Head of Planning
prior approval is required.
Conditions:
(a) Where any representation is received from a Town or
Parish Council within seven days of the date of consultation
which conflicts with the intended course of action, the Head
of Planning should consult with the Chairman of the
Development Committee and the local Member
(b) Any additional or amended plans submitted under these
procedures should be sent to the relevant Town or Parish
Council for information purposes
6.4 Commencement of enforcement proceedings under
Development Control legislation
Conditional Delegation to: Head of Planning
Conditions
a) Subject to consultation with Chairman of the
Development Committee or the Vice-Chairman and with the
Local Member(s) and to
(b) Subsequent notification of all members
Note: Planning Contravention Notices and the conduct of
“Time and Place” Meetings are not caught by this
conditional delegation. These functions are
fully delegated to both the Head of Planning and Legal
Services
Remains unaltered
Remains unaltered
Note for clarification purposes: This relates to the service of
Enforcement Notices. Once authorised by Chairman or Vice
Chairman and Local Members this includes prosecution
against extant notices, but excludes Direct Action, that
needs to be authorised by Development Committee
Remains unaltered
Delete – as information is already provided - outstanding
enforcement cases reported to Development Committee on
quarterly basis
Delete note.
Note for Clarification
The Acts of Parliament and Regulations listed in this
document are current as at the date of publication (or
adoption?) but shall also include any subsequent Acts
11.3
and/or Regulations which replace or modify those listed
above
11.4