Agenda item

Call in of Portfolio Holder Decision 12-2018 - Planning Site Inspection Procedure

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.

 

Minutes:

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 that the Council should have robust process in place to avoid challenge. What was a major site was subjective and it would be difficult to have two different procedures for site inspections allowing Town and Parishes to attend some site inspections and not others.

 

The Managing Director stated that it was not the number of complaints but the seriousness of their nature and that the Council would only need one complaint which could be costly to the Council.

 

RESOLVED that:-

 

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

 

(b)          Town and Parish Council’s should only be able to answer questions from the visiting site inspection party;

 

(c)          Officers attend Teignbridge Association of Local Councils to offer training to their members; and

 

(d)          It was noted that the Site Inspection Procedure would be considered as part of the Constitution Review.

 

Supporting documents: