PLANNING AND THE COUNCILLOR CALL-IN PROCEDURE
(Revised June 2014)
Planning applications are normally determined under the delegated decisionmaking process, without presenting the application to councillors (see below).
This means that a case officer is assigned to an application and will make a
recommendation on the basis of Local Development Plan policy and the National
Planning Policy Framework. The application is then determined by the Head of
Planning and Building Control, assisted by the Area Team Leaders and the
Development Manager.
This procedure operated by the Council, as the Local Planning Authority, has
specific safeguards to ensure a fair, open, transparent and efficient service within
the set timescales. However, an application that is initially 'delegated' to a
planning officer may later be referred to Committee if ‘called in’ by a councillor
within a three-week period from the date of the ‘weekly list’ of applications
published on the Council's website.
Complex or major developments of strategic significance and applications called
in by councillors are decided at one of the four Planning Committees (Referrals,
North, South and Central).
Planning Scheme of Delegation to Officers
The planning scheme of delegation to officers, implemented in June 2014,
operates as follows:

All decisions are initially delegated to the Head of Planning and Building
Control

The District Councillor call-in procedure is maintained but subject to the
following criteria:

A District Councilor can call-in any application submitted within the
District, where such a call-in is based on material planning
considerations

21 day strict deadline (no deviation)

All call-ins to be in writing using the District Council Call-in Form (see
attached)

All call-ins to give the reasons for call-in (ie the relevant material
planning considerations). The Head of Planning and Building Control
must be satisfied that the reasons are material and will assist the
Member in this respect if necessary

Where a Councillor has called-in an application, s/he may withdraw that
call-in at any time up to 7 days before the scheduled Committee
meeting at which it is to be considered, thus returning the application to
delegated status

All SADC applications and applications submitted by Members and
Officers of the Council are to be reported to Referrals Committee – to
ensure probity of procedure.

All applications considered by the Head of Planning and Building Control
to be of significant impact on the environment shall be determined by
Committee. All other applications shall be determined under delegated
powers.

The existing provisions regarding the receipt and acceptance of amended
plans shall remain unchanged.
1. District Councillor Call-in: Post-Receipt Procedure Note
1.1 Members of the District Council are able to 'call in' planning applications to
the relevant Planning Committee as part of the current scheme of delegation to
officers introduced in June 2014.
1.2 Members must use the current up-to-date call-in pro-forma, either via email or
in hard copy form (see attached call-in form). Hard copies and email versions can
be obtained from the planning department.
1.3 If sent via email, it must be sent by District Council Members to the specially
designated call.in@stalbans.gov.uk email address by 2pm on the last date
specified for the call in on the weekly list. This will be received by Technical
Support, Development Manager, and Head of Planning and Building Control.
Copies of call-ins via email may, in addition, be sent to other recipients. Hard
copies of the call-in form will be accepted, but email is the much preferred
process. A planning officer will advise Members if the call-in is invalid for any
reason.
1.4 An ongoing log will be maintained and updated with all planning application
call-ins. The log will indicate the site, application number, Member’s name and
the date. This log will be sent to Members at the end of each week. Members
should check carefully that their call-in is on this log and if it is not they should
notify the Development Manager within 7 days to correct this. The planning call-in
mailbox will also retain details of those sent electronically.
1.5 The email sent to the planning call-in email address will be forwarded to the
Development Management case officer, the Area Team Leader and the
Development Manager. Hard copies and call-ins received via email will be
acknowledged by the Development Management case officer. All call-ins will be
placed on the application file by the case officer and will be viewable for the
public within the application file on the website.
1.6 Any hard copy fully completed call-in form from a member of the District
Council will be forwarded to the Development Management Team case officer via
Technical Support.
1.7 An accessible data entry field has been set up on the planning back-office
database to indicate the nature of the call-in along with the District Councillor
name and date of the receipt of the call-in. This will completed by Technical
Support upon receipt and validation of the call-in.
1.8 Applications called in to Committee by District Councillors will be determined
by the appropriate Planning Committee.
1.9 The call-in form shall be the sole mechanism for Members to call a planning
application to committee. The call-in must be based on material planning
considerations.
1.10 If the Member wishes to withdraw the call-in, this must be done no less than
7 calendar days before the application is due to be considered by Committee and
must be done by email to the designated email address – call.in@stalbans.gov.uk
1.11 Predisposition & Predetermination: The introduction of the Localism Act
2011, Section25 (part reproduced here) states:
Prior indications of view of a matter not to amount to predetermination
etc.
(1) Subsection (2) applies if_
(a) as a result of an allegation of bias or predetermination, or
otherwise, there is an issue about the validity of a decision of a
relevant authority;
(b) it is relevant to that issue whether the decision-maker, or any of
the decision-makers had or appeared to have had a closed mind (to
any extent) when making the decision.
(2) A decision-maker is not to be taken to have had, or to have appeared
to have had, a closed mind when making the decision just because:(a) the decision-maker had previously done anything that directly or
indirectly indicated what view the decision-maker took, or would or
might take, in relation to a matter, and
(b) the matter was relevant to the decision
(3) Subsection (2) applies in relation to a decision-maker only if that
decision-maker(a) is a member (whether elected or not) of the relevant authority, or
(b) is a co-opted member of that authority.
This does enable the Member to express views publicly based on the information
that is available to them at that time but to keep an open mind when later involved
in the decision-making process.
1.12 Members must still be open and willing to listen to all the material
considerations presented in the Committee report and at the Committee before
deciding on how to exercise their vote. If a Member is not open minded and
willing to consider all the relevant information, evidence and arguments relating to
a proposal they will continue to be considered as “predetermined” and should not
participate in the decision-making process. Councillors should refer to the Code
of Practice of Members and Officers Planning Advisory Leaflet. This recommends
that planning committee councillors do not comment on applications before the
Committee.
1.13 Members should submit a call-in for each application even if the previous
application was called in. Councillors may wish to register a call-in even if another
Member has done so. This is particularly important given that a call-in may be
subsequently withdrawn: Members should not rely on the fact that another
Member has called an application in.
1.14 When the call-in has been acknowledged by Technical Support it will be sent
to the Development Management case officer considering the planning
application. The Development Management case officer will send a further
acknowledgement to the Member to advise them of receipt of the member’s callin. The Development Management case officer will also check to see if the call-in
has been correctly submitted with material planning considerations included and
reference to relevant development plan policies where possible:
Thereafter the Development Management case officer will follow the procedures
set out below:

If the application is to be reported to Committee, the officer will email the
Member to inform them which Committee the application will be
considered at.

Alternatively if the application is either withdrawn by the applicant or made
invalid by the Council, then the case officer will email the Member to inform
them.

If however there has been more than one call-in for the specific planning
application then the office will email all Members who have called-in the
application to inform them of the progress of the application.
1.15 The call-in procedure should be open and transparent, avoid uncertainty,
and be clear. Planning applications still have to be determined in accordance with
the relevant planning policy unless material considerations indicate otherwise.
Only relevant material considerations may be considered, and this does not
include public support or opposition, unless it is founded on valid planning
matters.
2. Guidance on Call-ins and Material Planning Considerations
2.1 Any consideration that relates to the use and development of land is capable
of being a material planning consideration.
2.2 Government Circulars, Government Policy as set out in the National Planning
Policy Framework 2012, and the Development Plan (which in St Albans is
comprised of the St Albans District Local Plan) are material planning
considerations.
2.3 Among the matters commonly regarded as relating to the use and
development of land are:
The siting of buildings, their number, area, density, height, mass, design
and layout, external appearance; means of access; landscaping;
provision of amenity space; impact on neighbouring land; overshadowing;
impact on neighbours’ amenity and privacy; odour and fumes; hours of
opening; impact on the character and appearance of a Conservation
Area; traffic considerations; parking requirements; need for certain types
of development such as retail uses or agricultural buildings; sustainability
noise and disturbance; location in a floodplain; impact on viability of other
nearby uses; housing mix; planning out crime; whether a proposal would
prejudice comprehensive redevelopment; protection of archaeological
features, Listed Buildings and other historic sites; public opinion; public
perception of harm.
2.4 Examples of immaterial considerations are the impact on property values, the
impact on the view from another building.
2.5 Please note the paragraphs 1.10 – 1.15 above regarding predetermination.
2.6 ‘CALL-INS’ SENT VIA EMAIL must be directed to call.in@stalbans,gov.uk
(click for hyperlink) before 2pm on the date specified in the weekly list:
Further additional copies may be sent to other officers, case officers
or the Development Manager.

It is important to be aware that there is a distinction to be
made between whether something is or is not a material
planning consideration, and the weight that should be given
to it.

Members should submit a new call-in even if the previous
application was called in.

Members may still wish to register a call in even if another
Member has done so.

Members must submit each call-in separately (one site
address per email).

Each email call-in must include the site address and planning
reference number in the subject box.

Members should receive 2 acknowledgements (the first
automatically generated) and should chase the case officer,
the Development Management Team leader or the
Development Manager if the second is not received. This can
be checked against the Log.

The call in period is strictly 3 weeks from the issue of the
weekly list. This has been programmed to be after the initial
neighbour notification.
Version 9: June 2014
District Councillor Call-In Form
For determination of a Planning Application by Planning Committee
______________________________________________________________
Councillor
Date
2014
Date of Weekly List
2014
Application Ref No:
5/2014/
Site Address
Proposed Development
Members should set out the reason for their call-in with regard to material planning
considerations and that their call-in is made if Officers are minded to recommend either:
GRANT 
or
REFUSE 
Reason for call-in
To include material planning considerations (see Guidance on Call-ins and Material
Planning Considerations) and relevant development plan policies where possible:


St Albans District Local Plan Review 1994 Policy/ies (no. and title) National Planning Policy Framework 2012 Section(s) and Paragraph No(s).
NOTE
"If your reason for seeking a call-in is because you have concerns about aspects of the
proposed development, you should consider carefully whether you have predetermined
the application or whether you maintain an open mind as to whether planning permission
should be granted. If you consider that you have predetermined the application, you
cannot sit on the determining committee and can have no further dealings with it. You
should state on the call-in form after you have outlined your concerns on the application
whether or not you have predetermined the application".