Issue - meetings

Item from Overview &Scrutiny 10 September 2018 - To consider the Call in of Portfolio Holder Decision 12-2018 - Planning Site Inspection Procedure by

Councillor Dewhirst, and supported by Councillors Connett, Cox, Evans, Nutley, Parker and Pilkington.

Executive had before it the report circulated with the agenda, which included the Portfolio Holder decision, comments from Town and Parish Councils and the minute from Overview & Scrutiny Committee 10 September 2018.

The decision that the planning site inspection procedure is amended so that Parish and Town Council representatives are no longer invited to site inspections, had been called in by Councillor Dewhirst and supported by Councillors Connett, Cook, Cox, Evans, Keeling, Nutley, Parker and Rollason.

Councillor Dewhirst’s reason for the call-in was detailed in the agenda report.

The resolution from Overview & Scrutiny was:

Resolved

That the call-in be referred to the Executive with a recommendation that:

a)  Town and Parish Council’s should continue to be invited to planning site inspections.

b)  Planning Services meet with Town and Parish Councils to discuss issues raised in the Portfolio Holder decision.

The Business Manager, Strategic Place introduced the item and stated that complaints had been received from stakeholders, who were not afforded the same opportunity to attend site visits. There was an inherent unfairness in the current procedure which opened the Council up to legal challenges. Town and Parish Councils were a statutory consultee and their views were reported in the Planning agenda reports. The Local Government Association and Planning Advisory Service’s publication advice on site inspections stated that they should not be used as a lobbying opportunity.     

He advised that he had received a letter from the Teignbridge Association of Local Councils affirming their support for the continuation of the attendance of Town and Parish Clerks at site inspections.

A Member stated that the Overview & Scrutiny Committee had a full debate on this issue and were supportive of the continuation of the attendance of Town and Parish’s at site inspections.  It was also commented that decisions were not made at site inspections and it was particularly beneficial to have Town and Parishes attending when visiting major application sites.

During discussion, Executive Members commented that site inspections should not be used to lobby, what about applicants, objectors and other consultees they did not currently attend and that the site inspections had to be fair and equitable.

The Portfolio Holder for Planning & Housing commented that it was difficult to stop the lobbying at the site inspections and suggested that Planning Site Inspection Procedure should be referred to the Constitution Review which would be undertake in due course. 

The Interim Monitoring Officer advised that the Town and Parishes were one of many statutory consultees and their attendance at site inspections gave them an additional advantage. The current process could open the Council up to challenge and a robust procedure should be in place.

The proposer of the call-in reiterated the need for training to be available to Town and Parish Councils to ensure probity as stated in his call-in.

In response to Members, the Business Manager, Strategic Place clarified that whilst there had not been many complaints in the last few years, there had recently been one of a more serious nature and  ...  view the full minutes text for item 180

Portfolio Holder Decision 12-2018 - Planning Site Inspection Procedure

To consider the call in of the Portfolio Holder for Planning and Housing’s  decision 12-2018 by Councillor Dewhirst, and supported by Councillors Connett, Cox, Evans, Nutley, Parker and Pilkington.

The Committee referred to the report circulated with the agenda, which included the Portfolio Holder decision and comments from Town and Parish Council’s.

The decision that the planning site inspection procedure is amended so that Parish and Town Council representatives are no longer invited to site inspections, had been called in by Councillor Dewhirst and supported by Councillors Connett, Cook, Cox, Evans, Keeling, Nutley, Parker and Rollason.

Councillor Dewhirst’s reason for the call-in was detailed in the agenda report.

The Business Manager, Strategic Place advised that complaints were received from stakeholders, who are not afforded the same opportunity to attend site inspections. He referred Councillors to paragraph 2.2 of the agenda report which quoted guidance from the Local Government Association and Planning Advisory Service’s publication – Probity in Planning for Councillors and Officers, whereadvice is given that visits made by Committee members, with officer assistance, are normally the most fair and equitable approach. They should not be used as a lobbying opportunity by objectors or supporters. There is an inherent unfairness in the current procedure which opens the Council to legal challenges. Town and Parish Councils are a statutory consultee and the views of these councils are reported in Planning Committee agenda reports. The presence of representatives at site inspections affords them further opportunity to express opinions which other stakeholders are not given.

The Portfolio Holder advised that the perception of applicants, supporters and objectors of applications is that there is an unfairness with the procedure, due to the additional opportunity given to Parish and Town Councils, and that it provides a forum for lobbying. Site inspections were on the decline with only 18 in the last 15 months. In relation to declaration of interests and Parish and Town Councillors complying with the Code of Conduct, it was for Town and Parish Clerks to advise their Councillors accordingly, through the organisations that support local Councils. It was more transparent, and good practice for Parish and Town Councillors not to be present at site inspections.

Comments raised in support of the call-in included: there was a lack of consultation on the proposed change of procedure; applicants have unfettered meetings with planning officers; additional evidence would be useful in relation to the complaints and comments received from stakeholders on the process; the Council’s Town and Parish Charter advises that they participate in the site inspection procedure; and representatives could attend, give their views and then leave the inspection.

Other comments included that there was no need for Parish and Town Councils to attend site inspection because their views are included on the Planning reports circulated with Planning Committee agendas.

In response, Councillors were referred to comments of Parish and Town Councils included in the report. The Business Manager advised that past complaints had been dealt with, and the Council should have robust and good practice processes in place to avoid future complaints and challenges. The proposed change was not a criticism of local councils. Training was not the issue, but the  ...  view the full minutes text for item 145