Issue - meetings

Report of the Corporate Director – Department of Neighbourhood & Planning is circulated.

Councillor Toby Sturgis, Cabinet Member for Waste, Property, Environment and Development Control Services presented a report on the outcome of a review of the Development Control service. The report included items highlighted by Cabinet when it considered the report at its meeting on 19 October 2010 when it was deferred primarily to consider the implications of the then, imminent Localism Bill and to give further consideration to the 21 day call-in rule.

Cabinet was asked to consider detailed recommendations on changes to the service and in particular changes to the Scheme of Delegation on Development Control and the Planning Code of Good Practice for Members of Wiltshire Council.

The outcome of the review had previously been considered by the Focus Group on the Review of the Constitution, comments from which were reflected in the report presented.

A discussion ensued on the call-in process whereby local division members were permitted to call-in applications for consideration by the relevant Planning Committee rather than being determined at officer level. Some members considered that the call-in facility should be extended to town and parish councils. The Leader explained that the call-in facility should be left to the local division member who should be working closely with their town and parish councils. She was not aware that this arrangement was not working well, but this could be reviewed as and when necessary.

Resolved:

That Cabinet endorse the recommendations as detailed at paragraph 48 of the report presented.

Recommended to Council:

(a)      That Council be recommended to approve the following:

·                 the revised Scheme of Delegation for Development Control (Appendix 1 of the report presented) subject to the following amendment:

4^th bullet point be amended to read as follows (additional wording underlined):

where an appeal has been lodged against a planning decision and  Counsel advises that specific refusal reasons are unreasonable and/or likely to undermine or weaken the council’s case and time constraints prevent the matter being brought back to committee, officers, in consultation with the committee Chairman and Local Division Member are authorised to inform the appellant and the Planning Inspectorate that the council will not seek to defend such reason(s) at appeal;

·                 the revised Planning Code of Good Practice for Members of Wiltshire Council (Appendix 2 of the report presented).

·                 That the function of revising and or setting planning fees be delegated to the Strategic Planning Committee

(b)      That the Constitution be amended accordingly.

Reason for Decision:

The Scheme of Delegation and the Planning Code of Good Practice (Protocol) form part of the Constitution and changes to them need Council approval.