Agenda item

To consider an amendment to the Scheme for Public Participation at Planning Committee to allow representatives from local authorities, local Ward Members and Parish Councils, which have been consulted on planning applications in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015, an opportunity to register to speak at Planning Committee.

29.1           Attention was drawn to the report which had been circulated separately as an item of urgent business. Members were asked to consider whether to make an amendment to the Scheme for Public Participation at Planning Committee in order to allow local Ward Members and Parish Council representatives from bordering Local Authorities, which had been consulted on planning applications in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015, an opportunity to register to speak at Planning Committee.  

29.2           In introducing the report, the Borough Solicitor explained that the Council had previously agreed a Scheme of Public Participation at Planning Committee and this had come into effect with the term of the new Council in May 2015. It had also been agreed that the Scheme would be reviewed after it had been in operation for 12 months. The current Scheme allowed for representations from the Parish/Town Council; an objector; a supporter; and a local Ward Councillor which normally ensured all interested parties were catered for. However, when the most recent Planning Schedule of Applications had been published it included a site that shared borders with Cheltenham Borough Council and this had raised a potential omission from the Scheme. Under the Town and Country Planning (Development Management Procedure) (England) Order 2015, when considering applications which bordered different authorities, the Planning Authority had to serve notice and consult with any District or Parish Council if the development was likely to ‘affect land’ in the area of that Parish or District Council. As soon as the Planning Agenda was published the Council began receiving requests for public speaking and there had been queries raised about whether someone who was not in the particular Parish could speak. The Council’s Scheme did not allow for any discretion from Officers in such matters so it was decided that the matter should be addressed by the Council to give Officers clarity to respond to people who raised queries. If the Council wished to amend its Scheme it could justifiably do so in line with the legislation. However, this was entirely the Council’s decision; there was no recommendation at this stage.

29.3           A Member questioned whether the change would be solely for other Authorities to speak or whether the amendment could also include adjoining areas within the Borough. She explained that her Ward in Churchdown adjoined another and she often wished to speak on applications that affected her Ward although were not within it and this was not permitted by the Scheme. In response, the Borough Solicitor advised that the current report looked at those areas where another Authority was a statutory consultee; the issue of how an application affected adjoining Wards within the Borough was more subjective and would need to be thought about carefully. She suggested that this could be considered as part of the 12 month review. The Member indicated that she was happy not to include it at this stage but that she would raise it within the review.

29.4           Referring to the Schemes used by other Authorities, a Member questioned whether any addressed this issue. In response, the Borough Solicitor indicated that she was not aware of any that included it within their Schemes but she understood that some offered flexibility even though it was not in their Scheme. This was not a route that Tewkesbury Borough would take as Officers did not exercise discretion within the Scheme. In respect of whether or not it would be reasonable to amend the Scheme, the Borough Solicitor expressed the view that, if Members wished to make an amendment, this would not be unreasonable. However, it was entirely up to the Council.

29.5           Members felt that an amendment in this regard was unnecessary and could cause confusion. They suggested that anyone that did not qualify for public speaking could write to the Planning Committee and any statutory consultees could respond in the usual way so that their representation was included within the Planning Schedule. Accordingly, it was

                  RESOLVED          That no changes be made to the Council’s Scheme of Public                             Participation at Planning Committee.