Issue - meetings

To consider a report of the Governance Committee on Changes to Delegated Powers (Regulatory Services) (attached).  

Report AGREED without division.

A report of the Governance Committee asked Council to agree some amendments to the Constitution changes to the call-in procedure for planning applications and in relation to Certificates of Lawful Development for existing development.

A change to Constitution wording concerning the power to deal with deliberate concealment of planning breaches was also recommended to enable more effective and efficient service delivery.

The report was AGREED without division and it was RESOLVED:

That the following changes be incorporated into Section 3.6.6 of the Constitution relating to the Functions Delegated to the Head of Regulatory Services:

1)         New Section 3.6.6(dd) to read:

            “To apply to the magistrates court for a Planning Enforcement Order in accordance with Sections 171BA to 171BC of the Town and Country Planning Act 1990.”

2)         Section 3.6.6(b) (vi) be altered to read:

            "carry out residential development where the number of additional dwellings does not exceed two, including proposals which require prior completion of a Unilateral Undertaking committing the applicant to pay a contribution to mitigate the impact of the development on infrastructure, the latter involving liaison during the process between Head of Regulatory Services and Head of Legal Services."

3)         Section 3.6.6(u) be altered to read:

            “To issue Certificates of Lawfulness for existing and proposed development and use”

On 1 July, the committee deferred decision on this item, in particular the proposed change to Section 3.6.6 (b) (vi) for clarification on development in the Green Belt.  In addition it was further proposed to change Section 3.6.6 (u) in relation to Certificates of Lawful Development for existing development. Following a review, the Head of Regulatory Services had identified one area of operational activity – power to deal with deliberate concealment of planning breaches which would benefit materially from changes to delegated powers to enable more effective and efficient service delivery.  Due to a change in legislation a change to the wording of power to enter into S106 obligations was also recommended.

A Member continued to raise concerns about the necessity of delegating powers to officers – particularly in the Green Belt where issues could be contentious.  The matter was put to the vote:

In favour of the motion: Councillors: Joshua Chapman, Roger Ramsey, Melvin Wallace, Damian White, Meg Davis, Osman Dervish, Clarence Barrett, Ray Morgon, Barry Mugglestone, Darren Wise and Lawrence Webb

Against the motion: Councillor: David Durant

The motion was CARRIED by eleven votes to one.

The Committee RESOLVED to recommend to Council that the following changes be incorporated into Section 3.6.6 of the Constitution relating to the Head of Regulatory Services.

1)         New Section 3.6.6(cc) to read:

“To apply to the magistrates court for a Planning Enforcement Order in accordance with Sections 171BA to 171BC of the Town and Country Planning Act 1990.”

2)         Section 3.6.6(b) (vi) be altered to:

"carry out residential development where the number of additional dwellings does not exceed two, including proposals which require prior completion of a Unilateral Undertaking committing the applicant to pay a contribution to mitigate the impact of the development on infrastructure, the latter involving liaison during the process between Head of Regulatory Services and Head of Legal Services."

3)         Section 3.6.6(u) be altered to:

“To issue Certificates of Lawfulness for existing and proposed development and use”

A decision on this report was deferred until the next meeting.