Agenda and draft minutes

RESOLVED that the minutes of the meeting held on 30 January 2024 be approved as a correct record and signed by the Chair.

Cllr Sanders declared an interest in respect of minute no.22 – Independent Renumeration Panel Report – as the Chair of Overview & Scrutiny Committee.

Cllrs Bullivant and Macgregor arrived during the start of the consideration of this item.

Mr Derek Phillips Chair of the Independent Remuneration Panel presented the report. In response to questions, he clarified that having Job Descriptions for the councillor’s roles would support the panel when considering Special Responsibility Allowance (SRA) recommendations. The six-month review would enable the panel to look at how a single Overview & Scrutiny Committee was operating and the impact this had on the work of the Chair and Deputy Chair of the committee.

During discussion Members asked that when the review was undertaken they asked the panel:-

·       To look at the (SRA) for the Chair of Standards Committee in light of the number of meetings and questioned if the allowance should be payable per meeting rather than an annual allowance

·       if there should be a one-off payment for any Deputy Chair that chairs a committee meeting where there is not an SRA for that Deputy Chair;

·       should the scheme have a provision for when a Councillor with an SRA cannot undertake their role for the SRA to be reduced or stopped; and

·       that all Group Leaders and another independent councillor be asked to take part in the next review.

RECOMMENDED to Full Council that:-

(1)  No change be made to the Special Responsibility Allowance for the Chair and Vice Chair of the Overview and Scrutiny Committee;

(2)  The Council notes the intention of the Panel to hold a full review meeting on this matter in the light of 6 months’ operation of the new arrangement;

(3)  The Council takes steps to provide the Panel with the evidence it requires in order to consider this matter further; and

(4)  The special responsibility allowances for the Chair and Vice Chair of the Council be £3,000 and £1,000 respectively for 2023/24; and

(5)  The balance of the current allowances (£3,223 and £1,489) be transferred to the Democratic Services budget as support for the office of the Chair of the Council.

Consideration was given to the revision of the Member and Officer Protocol which was deferred from the previous Procedures Committee meeting to enable Group Leaders to discuss the protocol with their Members and feedback to this meeting.

RECOMMENDED to Council that the proposed Protocol be approved and incorporated into the Constitution.

In order to provide clarity, as well as consistency and transparency in the planning process for residents of the district, in future all of the following planning applications will be put to committee.

1.  All major planning applications - including those associated with major sites. 
2. All planning applications involving heritage assets (listed buildings etc).
3. All variations to conditions.
4. All applications relating to property and buildings owned, leased or managed by Teignbridge District Council.

As part of point 1) 'all major planning applications' the officer reports must demonstrate where this is part of a previous 'hybrid' planning application that all the conditions are met and how these apply to the individual plot. Also, as part of point 1) where the hybrid planning application demonstrated a commitment to build schools, or care homes or community buildings, each application must explain how that is to be delivered if it is not detailed in the individualised plot application.

The Notice of Motion submitted to Full Council on the 23 April 2024 as set out on the agenda was presented by Cllr Macgregor.

Cllr Macgregor when proposing his Notice of Motion stated that the recommendation 3 should have the words on major sites inserted at the end and added an additional condition (5) that no reserve matters applications can be considered until all critical decisions have been meet on the outline planning permission.

This was seconded by Cllr J Taylor.

In response to Members the Interim Head of Development Management clarified the following:-

·       The planning service had improved its performance significantly over the last six months with 95% of applications having a decision within the Government planning performance timescales

·       The Council had good delivery timescales for major applications

·       The motion being put forward could increase the applications going to Planning Committee by up to 450 applications per year

·       Would ask applicants/agents to clearly mark where they are proposing changes to plans/conditions to make any changes easily visible and would include this requirement in the planning validation list

·       Would ensure that the planning service team had a two way dialogue with members regarding planning applications, issues and queries.

In light of the explanations and assurances given from the Interim Head of Development Management Cllr Macgregor withdrew his Notice of Motion, Cllr J Taylor as seconder supported this.

 1. There has recently been a change in process for members referring a planning application to committee. The referral can be in the event that it is recommended for approval, or for refusal. The familiar third option to refer it either way has been removed from the form and members have been told they must opt for one or the other, not both. This might place ward members in a difficult position if they are also on the planning committee. By calling in and effectively picking a preferred outcome, they may risk allegations of predetermination.

2. When referring an application to committee, "a valid planning reason", based on planning policy must be given. There are cases with strong community involvement, or with potential conflicts of interest where it might be justified in the public interest to make the decision by committee in public. This might apply regardless of the policy-based merits of the application.

3. Parish and town councils work hard to fulfil their duty to comment on planning applications. They are volunteers and have little or no training and support. Planning training is routinely given to Teignbridge councillors and could be opened up to allow parish and town councillors to attend.

4. Parish councils work hard to fulfil their duty to comment on planning applications and often feel ignored. Where an officer recommendation goes against the view of the parish or town council, the officer recommendation should acknowledge that view and explain why a different outcome is recommended.

I move that we amend the constitution to:

1. Allow planning decisions to be referred to committee if recommended for approval, if recommended for refusal, or in either case.

2. Allow planning decisions to be referred to committee giving the reason that it is in the public interest for the decision to have oversight from the planning committee.

3. Allow parish and town councillors to join Teignbridge planning training where possible without compromising the primary function of training Teignbridge planning committee members.

4. Where an officer recommendation goes against the view of a parish or town council, the recommendation should acknowledge that view and explain why a different outcome is recommended.

The Notice of Motion submitted to Full Council on the 23 April 2024 as set out on the agenda was presented by Cllr Swain.

In response to Members the Interim Head of Development Management clarified the following:-

·       Would add a box to the Members Planning Committee to committee regardless of recommendation and would examine the format to make it user friendly

·       Forums to support Town and Parishes in the understanding of the planning process had been reinstated and these would be held on a regularly basis

·       Members briefings can be held in respect of Strategic Planning issues that could include micro-energy sites

RECOMMENDED to Full Council that:-

(1)  Allow planning decisions to be referred to committee stating specifically why it is in the public interest for this application to be determined by committee; and

(2)  Where an officer recommendation goes against the view of a parish or town council, the recommendation should acknowledge that view and explain why a different outcome is recommended.

Members were advised that they would be sent a survey in due course regarding their training requirements.