Archived decisions

Contact: Roger Lawes, ext 6743 email: [email protected]

1. Summary

1.1 At the meeting of the Regulatory Committee on 5 January 2005 Members considered a draft protocol for the procedures to be followed in determining planning applications and considering other development control matters. During the discussion Members expressed reservations over the apparent inflexibility of some of the proposals and the lack of flexibility in the proposed training protocol. A revised draft containing the changes discussed at the meeting is attached as an Appendix.

2. Member Protocol for the Consideration of Planning Matters

2.1 The key issues discussed by the Committee on the draft member protocol were:

Committee Procedure

2.2 Members were concerned that the protocol (paragraph 11) gave the impression that their freedom for action would be fettered by directions from the Chief Planning Adviser and/or Chief Legal Adviser. While they accepted that it was important for them to consider the technical and legal advice from officers, they considered that it was also important for the protocol to recognise that Members should not feel inhibited in representing the views of the local community. Members were uncertain as to the status of the Chief Planning Adviser's recommendations; concerned that the Protocol implied that they would be expected to know the reasons why the recommendations contained in the officer's report were likely to be unacceptable before the debate had been concluded and all the issues thoroughly aired (paragraph 14); and uncertain about the protocol should they reject the Chief Planning Adviser's recommendations.

Training for Councillors

2.3 Members agreed that training was essential if they were to keep up to date with the rapidly changing nature of the planning and enforcement regime. Nevertheless, they considered the protocol heavy handed and inflexible in its requirement for formal, basic training. Members acknowledged that there would be benefits in whole Committee training events. However they were concerned that the single-minded approach proposed could disadvantage Members who, due to other County Council commitments, were unable to attend the planned sessions. They wanted to see a more flexible approach.

3. Conclusions

3.1 It is considered good practice for Committees dealing with regulatory matters to adopt detailed working practices to establish procedures and aid public understanding of the processes involved in development control. The attached draft has been amended to reflect concerns of Members that the earlier version was too prescriptive and inflexible and that the draft lacked clarity when describing the final aspects of the decision making process, particularly on the matter of amendments. The revisions to the January 2005 version are shown: deletions are struck through and additions in italic.

3.2. The Protocol will apply to all County Councillors involved in decisions on planning matters, or who are consulted on planning applications to be determined by officers under delegated authority. It supplements the Local Code of Conduct on Planning Matters adopted by the County Council at its meeting in April 2004.

3.3 A new Regulatory Committee will be appointed after the County Council elections in May 2005. A major, basic training event similar to that run in April 2004 will be organized for all Members prior to the first meeting of the new Committee in June 2005. Thereafter regular refresher training will be provided, at least on an annual basis.

Recommendation

That the Member Protocol attached as an Appendix be adopted for the purpose of establishing the procedures to be followed in determining planning applications and considering other development control matters.

9153/RL