Planning Committee Scheme of Delegated Powers

Planning Committee
Scheme of Delegated Powers
The following text is extracted from the Council’s Constitution
(Part E, as updated 14/05/2013)
The Planning Committee will determine the following matters:9.3.1
applications for major development as defined for the purposes of the Government
PS2 statistical return, namely: 

Residential development of 10 or more dwellings or, where numbers not
specified, the site area is more than 0.5 hectares;
Other development where the floorspace to be created is 1000 sq metres or
more or the site is 1 hectare or more.
and for the purposes of this article 9.3.1:
9.3.1.1 an application for major development includes:
(A)
any application for change of use in respect of major development;
(B)
any application made under section 73 (determination of applications to
develop land without compliance with conditions previously attached), or
under section 73A (planning permission for development already carried out)
of the Town and Country Planning Act 1990, for permission to carry out
development without complying with a condition to which permission was
granted, in respect of major development where, in the opinion of the Head
of Development Services, the application raises such issues that it is
considered that the application should be determined by Planning
Committee; and
(C)
any application for approval of a reserved matter in respect of an outline
planning permission for major development
9.3.1.2 for the avoidance of doubt, an application for major development excludes
any application for consent, agreement or approval required by any condition (other
than a condition on an outline permission requiring approval of reserved maters) on
a existing planning permission for major development.
9.3.2
mineral applications (other than those for the discharge of conditions) as defined for
the purposes of the Government PS2 statistical returns;
9.3.3
applications where the Council would be required to consult the Secretary of State
under the Town and Country Planning (Consultation) (England) Direction 2009 if the
Council was minded to grant permission for them;
9.3.4
applications which are subject to an objection from a consultee (as defined in Article
16 of the Town & Country Planning (Development Management Procedure)
(England) Order 2010) whom the Council are required to consult under Article 16 or
18 of that order and which has not been resolved by negotiation or the imposition of
conditions;
9.3.5
applications submitted by or on behalf of the Council for its own development which
are the subject of substantive planning objections which have not been resolved by
negotiation or the imposition of conditions and/or would need to be notified to the
Secretary of State if the Council was minded to grant permission for them;
9.3.6
applications submitted by, or on behalf of, a Councillor or their spouse/partner
where the proposal does not accord with the Council‘s development plan or
development control policies and/or where there are objections from a consultee or
member of the public;
9.3.7
applications submitted by, or on behalf of, any member of staff of the Planning
Service or any Corporate Director or Head of Service of the Council or their
spouse/partner where the proposal does not accord with the Council‘s development
plan or development control policies and/or where there are objections from a
consultee or a member of the public;
9.3.8
applications where any Councillor, MP, or MEP has put forward an objection in
writing or asked in writing with reasons that an application be determined by
Committee;
9.3.9
applications where written representations for and/or against a development
proposal have been made and speaking rights have been requested in accordance
with the Council‘s approved Protocol for Public Speaking at Planning Committee
meetings (see also Endnote 1);
9.3.10 applications which the Head of Development Services considers should be
determined by the Planning Committee having regard to guidance approved by the
Planning Committee on this matter;
9.3.11 enforcement issues relating to the exercise of functions under Part VII of the Town
and Country Planning Act 1990 (including certificates of lawfulness) which the Head
of Development Services considers should be determined by the Planning
Committee having regard to guidance approved by the Planning Committee on this
matter.
Endnote 1:
The protocol is designed to give the public a fair hearing during the decision making process.
However, it does not give the public an absolute entitlement to speak. The Committee may use its
discretion to disapply any provision of the protocol where particular circumstances make it impractical,
unreasonable or unfair to adhere to the protocol.
The protocol itself will relate only to planning applications being considered by Planning Committee
meetings.