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Agenda item

Report of the Democracy Committee held on 15 November 2017 - Planning Referral Process Review

Minutes:

It was moved by Councillor Fissenden, seconded by Councillor Boughton, that the recommendations of the Democracy Committee arising from the Planning Referral Process Review be approved.

 

Amendment moved by Councillor English, seconded by Councillor Harper, that the recommendations be deleted and replaced by the recommendations set out in the original report to the Democracy Committee set out on pages 189-190 of the agenda.

 

In accordance with Council Procedure Rule 21.4, five Members requested that a named vote be taken on the amendment.  The voting was as follows:

 

FOR (29)

 

Councillors Adkinson, Clark, Cox, Daley, English, Fermor, Field, Fissenden, Garland, Mrs Gooch, Greer, Mrs Grigg, Harper, Harvey, Harwood, Hastie, Mrs Joy, Lewins, B Mortimer, D Mortimer, Munford, Naghi, Pickett,

Mrs Robertson, J Sams, T Sams, Vizzard, Willis and Mrs Wilson

 

AGAINST (19)

 

Councillors Barned, Mrs Blackmore, Boughton, Brice, D Burton, M Burton, Butler, Cuming, Ells, Fort, Garten, Perry, Powell, Prendergast, Mrs Ring, Round, Spooner, Springett and Mrs Stockell

 

ABSTAINED (0)

 

AMENDMENT CARRIED

 

The substantive motion was then put to the vote.

 

SUBSTANTIVE MOTION CARRIED

 

RESOLVED:

 

1.  That there is a need to provide a check and balance mechanism in relation to Planning Committee decisions, and there should continue to be provision for the referral of an application to a second body for determination in circumstances where the Planning Committee votes to continue with a decision that it has been advised cannot be sustained at appeal and which could have significant cost implications for the Council’s budget, but that body should be the Policy and Resources Committee and the Planning Referrals Committee should be abolished.

 

2.  That in the event of an application being referred to the Policy and Resources Committee for determination, then a special meeting of the Committee should be arranged for this purpose, the provisions relating to public speaking at Planning Committee should apply and there should be no provision for referral of the Committee’s decision to full Council.

 

3.  That no Member will be able to serve on the Policy and Resources Committee without having agreed to undergo the mandatory training required to be undertaken by Members and Substitute Members of the Planning Committee, including training on pre-determination of planning applications.  The training must be completed before the Policy and Resources Committee first meets to discharge its function as the Planning Referral body, and must be refreshed as appropriate.

 

4.  That, with regard to the sections of the Constitution/Local Code of Conduct for Councillors and Officers Dealing With Planning Matters relating to Planning Decisions Which Have Significant Cost Implications, the delegation to the Head of Planning and Development upon the advice of the Legal Officer present to refer an application to a second body for determination should be amended to be in consultation with the Chairman of the meeting.

 

5.  That the Monitoring Officer be requested to amend the Constitution and Local Code of Conduct for Councillors and Officers Dealing with Planning Matters accordingly.

 

Note: 

 

1.  Councillors J and T Sams left the meeting at the start of this item, but returned shortly afterwards (8.00 p.m.).

 

2.  Councillor Hastie left the meeting during consideration of this item, but returned shortly afterwards (8.10 p.m.).

 

 

Supporting documents:

 

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