PROPOSED AMENDMENT TO APPENDIX 9 OF THE CONSTITUTION:
DELEGATION FOR PLANNING DECISIONS
Report Submitted by:
Report Written by:
SCHEME OF
Richard Lewis, Head of Development Management
Richard Lewis, Head of Development Management
1.
Area Affected
1.1
County Borough wide.
2.
Purpose of Report
2.1
To seek a resolution from Planning Committee to alter the Scheme of Delegation to
Officers to allow minor planning and other related applications submitted by the
Council to be determined by The Head of Development Control instead of the Chief
Officer Neighbourhoods, Planning and Public Protection.
If approved by Planning Committee to request that Council notes the change in the
scheme of delegation and makes any necessary amendments to Appendix 9 of the
Constitution to reflect the change.
2.2
3.
Key Messages
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The new wider role of the Chief Officer Neighbourhoods, Planning and Public
Protection has meant that it is now inappropriate that he exercises the delegated
powers in respect of minor Council planning applications.
This means that Minor Applications now have to be reported to Planning
Committee taking up committee time.
The determination of Minor Council applications is being delayed because they
need to be reported to Planning Committee.
Delays in the determination of minor Council applications are adversely affecting
the delivery of Council schemes and the performance of the Development
Management Service.
The proposed amendments to the Planning Committee’s Scheme of Delegation will
allow minor Council planning applications to be decided under delegated powers
as before rather than being reported to Planning Committee.
If approved, Council will be asked to note the change in the scheme of delegation
and make the necessary changes to the Constitution to reflect the change.
4.
Background
4.1
A major review of the Council’s scheme of delegation for planning decisions was
carried out in 2004 in order to streamline the process, improve efficiency/performance
and ensure that Planning Committee focused on the more complex and strategic
applications rather than the smaller routine applications. The review took into account
an earlier report by the Wales Audit Commission on the operation of the Development
Control Service which recommended that more applications should be determined by
delegated powers.
4.2
The scheme of delegation for planning decisions introduced in 2004 has been
operating largely unchanged since that time. The scheme of delegation is set out in
Appendix 9 of the Constitution which is reproduced as Appendix A of this report. Up
until recently, the Constitution (paragraph 2(d) of the attached appendix) authorised the
Chief Planning and Public Protection Officer (or another approved officer) to determine
minor planning applications where the Council was the applicant (i.e. applications
made under Regulation 3 of the Town and Country Planning General Regulations
1992).
4.3
Under paragraph 12.5.8 of the Constitution, the Chief Planning and Public Protection
Officer may authorise other officers in accordance with a scheme of delegation that he
approves. The officer scheme of delegation was approved in March 2007 and
transferred most delegated planning responsibilities from the Chief Officer to the Head
of Development Management. This effectively meant that the Head of Development
Management was authorised to make most of the delegated decisions for planning and
enforcement, including minor Council applications on behalf of the Chief Officer. This
has not caused any problems or issues in the last 12 years.
5.
Issues and Findings
5.1
In October 2015, the Planning and Public Protection Department merged with
Neighbourhoods and became one Service area under the Chief Planning and Public
Protection Officer who was re-appointed the Chief Officer Neighbourhoods, Planning
and Public Protection. Whereas previously the Chief Planning and Public Protection
Officer had no management responsibilities for the Council’s land or buildings, his
responsibilities changed when he became the Chief Officer Neighbourhoods, Planning
and Public Protection. This new role has aspects of responsibility for the management
of many of the Council’s land and buildings.
5.2
Article 10 (b) of Regulation 10 of the Town and Country Planning General Regulations
1992 states:
notwithstanding anything in Section 101 of the LGA 1972 no application for
planning permission for development to which regulation 3 (Council own
application) applies may be determined by an officer of the interested planning
authority concerned if his responsibilities include any aspect of the
management of any land or building to which the application relates
5.3
The Chief Officer Neighbourhoods, Planning and Public Protection is therefore no
longer able to determine Minor Council applications under the scheme of delegation.
Although the Head of Development Management currently makes most of the planning
decisions, that authorisation is derived from the Chief Officer. The effect of this
scheme of delegation means that decisions on minor Council applications can now
only be made by the Planning Committee.
5.4
Since November 2016, 24 minor Council applications have been reported to Planning
Committee that would previously have been decided under delegated powers. This
has a number of impacts:
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Planning Committee time is spent on minor routine applications rather than
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focusing on more complex, strategic matters
Fewer applications are determined within 8 weeks because of the Committee
cycle which affects the performance of the Development Management Service.
Minor Council applications take longer to determine
Council projects are unnecessarily delayed whilst waiting for decisions from the
Planning Committee
Increased costs of Council schemes because of delays
Risk of schools in the 21st Century Schools programme openings being delayed
5.5
As previously stated, the Council has operated the scheme of delegation for many
years without issue and there is no reason for this to change other than because of the
new wider role of the Chief Officer Neighbourhoods, Planning and Public Protection. In
order to allow minor Council applications to continue to be decided by delegated
powers, authorisation will need to be delegated directly from Planning Committee to
the Head of Development Management with no step in rights from the person line
managing the Head of Development Management, in this case the Chief Officer
Neighbourhoods, Planning and Public Protection. This will require a change to the
current scheme of delegation and this change will need to be reflected in Appendix 9 of
the Constitution.
5.7
The only realistic alternative to making the proposed changes to the Scheme of
Delegation would be to continue reporting all minor Council applications to Committee
for determination.
5.6
Committee should also note that there is a proposed re-structuring of Management
within the Neighbourhoods, Planning and Public Protection Department. As part of
that re-structuring it is proposed that the current Head of Development Management
will be given delegated planning and building control decision making powers and
become the ‘Chief Planner’ for the Authority. The role will continue to be a member of
the Departmental Management Team. This will result in further changes to the
Constitution which will be determined when the re-structuring is confirmed.
6.
Consultation
Consultation has been carried out with the Councils Chief Legal Officer. The Chief
Legal Officer has advised that planning functions are delegated to Planning Committee
by Council and Planning Committee may alter its scheme of delegation. However, if
changes are to be made to the Scheme of Delegation that require a change in the
Constitution then a subsequent report to Council will be required asking Council to note
the change to the scheme of delegation and requesting that Council makes any
necessary alteration to the Constitution to reflect the changes.
7.
Well Being and Policy Impact Assessment
7.1
This is an administrative report with the proposed changes re-instating the delegated
process for determining minor Council applications.
8.
Risks
8.1
Since the role of the Chief Planning and Public Protection Officer was widened to take
in the responsibility for management of Council land and buildings, all Council
applications which might otherwise have been a delegated decision have been
reported to Planning Committee for decision. However, if this continues there are a
number of risks to the Council:
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9.
Planning Committee is operating inefficiently by spending too much time on minor
routine applications rather than focusing on more complex, strategic matters
Performance in the speed of determining planning applications will reduce overall.
This has implications for the Planning Performance Framework introduced and
monitored by Welsh Ministers
Minor Council applications will take longer to determine which could result in
Council projects being unnecessarily delayed whilst waiting for decisions from the
Planning Committee
Cost of Council schemes could increase because of delays
21st Century School openings could be delayed
Action to be taken following decision
Following this meeting, the following steps will be taken:
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The Members Constitutional Working Party will be consulted on any proposed
changes to the Constitution
Report to Council noting the change in the scheme of delegation and
recommending any necessary changes to the Constitution, this report will also
seek authorisation for the Council’s Monitoring Officer to make the necessary
changes
10.
Measures of Success
10.1
The measures of success resulting from the changes would be quicker, timelier
decisions on minor Council applications.
The proposed changes will ensure the Council is able to deal with its own minor
applications quickly and in compliance with the Town and Country Planning General
Regulations 1992.
11.
Conclusion/summary
12.1
From 2004 the Scheme of Delegation set out in the Council’s Constitution allows minor
planning applications made by the Council to be determined by officers under
delegated powers. However, the re-designation of the Chief Planning and Public
Protection Officer and his wider responsibilities means he is no longer able to
determine Council applications under the scheme of delegation.
12.2
Therefore it is proposed to amend the Constitution so that power to determine minor
applications submitted by the Council is delegated directly to the Head of Development
Management. This effectively returns to the position to the same as before the
appointment of the Chief Officer Neighbourhoods, Planning and Public Protection.
12.
Recommendation(s)
12.1
That Planning Committee:
1) Agree to amend the Scheme of Delegation and authorise the Head of Development
Management to determine minor Council applications effective immediately; and
2) Ask Council to note the change in the scheme of delegation and make any
necessary amendments to Appendix 9 of the Constitution to reflect the change.
Appendices
Appendix A – appendix 9 of the Constitution.
Background
Papers
Note: Members of the public are entitled, under the Local Government
Act 1972, to inspect background papers to reports. The following is a
list of the background papers used in the production of this report.
Officers must list here any material on which the report is largely based (or
from which quotes have been taken), unless that material is ‘published work’
and provided it is not exempt. Published work includes documents within
the public domain (e.g. previous committee reports and minutes, acts of
parliament, WAG or WLGA guidance etc).
For a copy of the background papers or for further information about this report, please
telephone: Richard Lewis, Head of Development Management, Tel: 01633 647628, email:
[email protected]
APPENDIX A
Appendix 9 of the Constitution sets out the current scheme of delegation as follows:
1. Elected Members will be consulted:
a) on all applications through the distribution of the weekly planning list by
email;
b) on specific applications in their ward (and given 21 days in which to
comment, including requesting that the application be determined by the
Planning Committee for valid planning reasons).
2. All matters which are delegated to the Planning Committee under this
constitution are delegated to the Chief Officer Neighbourhoods, Planning &
Public Protection Service unless:
a) in accordance with the Council’s protocol, an Elected Member makes a
written request for the application to be considered by the Planning
Committee giving valid planning reasons;
b) the Chief Officer Neighbourhoods, Planning & Public Protection Service
or Head of Development Control considers that the application should
be considered by the Planning Committee;
c) approval of the application would represent a significant departure from
policies contained within the approved statutory development plan;
d) Torfaen County Borough Council is the applicant and the scheme is not
of a ‘minor’ nature in the opinion of the Chief Officer Neighbourhoods,
Planning & Public Protection Service (or his/her nominated
representative)
e) the applicant is an Elected Member of Torfaen County Borough Council;
f)
the applicant is a member of staff within the Planning & Public
Protection Department;
g) the applicant is the Chief Executive, Strategic Director, Chief Officer, or
any member of staff within the authority who in the opinion of the
Monitoring Officer could be seen as having a direct input to and
therefore influence on an application decision;
h) where recommended for approval, the application is for major
development and there are valid planning objections to the application.
[Note: major development is defined in the Town and Country Planning
Act 1995 as, in the case of residential, 10 or more units and, in the case
of any other development, where the floor area is greater than 1000 sq
m]
i)
where recommended for approval, applications for telecommunications
masts;
j)
Consultations from local planning authorities, statutory bodies and
agencies which, in the opinion of the Chief Officer Planning & Public
Protection (or his nominated representative) would potentially have a
significant impact on the County Borough.
3. The Chair of the Planning Committee will only be consulted on delegated
matters where:
a) he/she specifically asks to be consulted;
b) in the view of the Chief Officer Planning & Public Protection (or his/her
nominated representative) there are issues that need to be brought to
the attention of the Chair prior to a decision being made.
4. Any decision delegated to the Chief Officer Neighbourhoods, Planning & Public
Protection Service shall be taken in accordance with an officer scheme of
delegation approved by the Chief Officer Neighbourhoods, Planning & Public
Protection Service from time to time and reported to Planning Committee for
noting so there is clarity and openness in those exercising delegated decision
making.