Agenda item

To consider report PES/315 of the Head of Planning and Economy.

The Committee considered report PES/315 of the Head of Planning and Economy which proposed amendments to the Constitution to secure appropriate delegations for decision-making on responses to any Development Consent Order (DCO) applications, and to enter into Planning Performance Agreements (PPAs).  The proposed changes were required to ensure that the Council was in a position to make timely responses in accordance with strict statutory timescale and to secure additional resources should Gatwick Airport bring forward a DCO application.

Several queries were raised by Committee Members.  In response to those questions the Forward Planning Manager and/or Group Manager (Development Management) clarified that completing the S106 Planning Agreement in time for an Examination would not prejudice the outcome of the Planning Inspectorate’s decision.  The Committee was also advised that PPAs, although not currently used by this Council, were common practice in other Local Authorities.  Those PPAs typically included a clause which stated that the Agreement did not guarantee approval of the application.

The Committee noted that when providing a written representation on a DCO application, the Planning Committee could take matters into account which it usually could not when it considered a standard planning application, however the Committee would need to ensure that any representation was based on fact and that a balanced opinion was provided.  A Committee Member queried whether Councillors considering DCOs could be subject to a ‘whip’, and it was agreed that the Head of Legal, Democracy and HR would look into the matter.

A Committee Member suggested that decision making regarding written representations in relation to a DCO application should be the responsibility of the Full Council and not the Planning Committee as set out in the recommendation of the report.  The Forward Planning Manager advised that Guidance specifically stated that the timetable set by the Planning Inspectorate would not be dictated by a Council’s Committee cycle.  Taking that Guidance into account, there would not always be sufficient time for the matter to be considered at a meeting of the Full Council, whereas the Planning Committee met on a more regular basis.  Following a detailed debate, it was agreed that the function for written representations be allocated to the Planning Committee, but that there be a presumption that the matter be recommended to the Full Council unless that was not feasible given the Planning Inspectorate’s timetable.  Following a vote, the Committee agreed to that the recommendation be amended accordingly.

RESOLVED

That Full Council be recommended to approve the following changes to the Constitution:

1. An additional responsibility for decision making be allocated to the Planning Committee (with a presumption that the matter be recommended to Full Council unless timescales were prohibitive): “Where a Written Representation is to be provided to a Development Consent Order Application Process, if the Council is a host authority”;

2. That all other responses, decisions and actions during the Development Consent Order application process including The Examination are delegated to the Head of Economy and Planning;

3. That the negotiation and completion of development consent obligations (Section 106 planning agreements) are delegated to the Head of Economy and Planning;

4. That any subsequent responses to non-material and material changes are delegated to the Head of Economy and Planning;

5. That decisions on the discharge of Requirements are delegated to the Head of Economy and Planning;

6. That power to take enforcement action under Part 8 of The Planning Act 2008 is delegated to the Head of Economy and Planning and The Head of Legal, Democracy and HR;

7. That Planning Performance Agreements are negotiated and agreed by the Head of Economy and Planning.