Agenda item

The Committee received a report from the Area Development Manager (East) recommending changes to the Scheme of Delegation for the City Planning Committee, South Cambridgeshire District Council (SCDC) Planning Committee and the Joint Development Control Committee (JDCC) namely:

·      The creation of one Greater Cambridge Shared Planning Service Scheme of delegation.

·      Reviewing the types of applications that can be brought to committee, allowing Members to focus upon the more complex, significant and controversial applications.

·      Aligning the triggers for committee referral

·      Introducing a Delegation Panel for Cambridge City Committee and Joint Development Management Committee.

·      Review and align triggers for the existing Delegation Panel

·      Name Change for Joint Development Control Committee to Joint Development Management Committee

·      Changes to the Public Speaking arrangements

·      An updated Members Planning Good Practice Guide for Planning Committee

 

The Committee noted the following amendment to paragraphs 3.10 – 3.12 within the Members Planning Good Practice Guidance, which was also set out within the Amendment Sheet:

 

Pecuniary Interests

3.10  Pecuniary interests are defined in regulations. Interests which fall into this category are those which include but are not limited to business, employment, trade, profession, contract and wider financial interests, assets such as land, payments, securities, and shares. All Planning Committee Members are encouraged to seek advice from the Monitoring Officer or the Legal Adviser to the Committee where they have any concerns as to whether a pecuniary interest exists.

 

3.11  Any Planning Committee Member with a pecuniary interest must, following declaration of the interest at the committee meeting immediately recuse themself from the meeting and take no further part in the discussion on the application.  Members can remain in the Chamber should they wish to do so but must sit in the public gallery until the item has been determined.

 

3.12  As a member (and not just a member of planning committee) there are things you should avoid if you have a disclosable pecuniary interest. These include the following:

·      You should avoid representing ward or local views on a matter in which you have such an interest. In these circumstances it is appropriate to ask another ward councillor to take on this role;

·      You should avoid getting involved in the processing of the application by using your position as a councillor to get access to officers or papers;

·      You should not lobby other members of the Council, including the circulation of letters or emails, or by raising the matter in group or similar meetings;

·      You may address the meeting that considers the application or other matter in the same way that members of the public may address the meeting. However you should then withdraw from the meeting (formal or informal) at which the matter is under consideration, you can remain in the meeting room, and if you do you should sit in the “public gallery”. ;

·      To reiterate the advice in 3.1 above, if you are a member of planning committee you must avoid representing your ward or any local views on a planning matter in which you have a disclosable pecuniary interest. You can discuss your views with another local ward member but lobbying should be avoided (see 4.12, 4.13) In these circumstances it is appropriate to ask another ward member to take on this role of representing the ward for you .

·      If you are submitting your own planning application, or have a disclosable pecuniary interest in a planning application, you should be particularly careful to avoid any impression of either seeking or receiving special treatment. You should also make sure that the relevant Delivery Manager is aware of the interest. You may wish to consider employing an agent to act on your behalf in dealing with officers and/or addressing the committee. However, as mentioned above, you may exercise the same speaking rights as are afforded to members of the public at the planning committee meeting where you application is to be determined, provided that you then withdraw from the meeting when the item is considered and remain (as a member of the public would) within the public gallery.

 

 

In response to Members’ questions the Area Development Manager (East) and the Joint Director of Planning and Economic Development said the following:

      i.         The changes to the Scheme of Delegation contained within the report were to update the City Council’s current Constitution and this process was separate to the work being undertaken by the City Council to review its governance arrangements.

    ii.         The receipt of five representations on an application would trigger the application to be referred to the Delegation Panel to consider if the application should be considered by the Planning Committee.

   iii.         Prior approval applications could be referred to the Delegation Panel under the proposed Scheme of Delegation.

  iv.         The Delegation Panel comprised a Senior Planning Officer, Chair and Vice-Chair of the Committee. Ultimately the decision of the Delegation Panel was made by the Senior Planning Officer in consultation with the Chair and Vice-Chair.

    v.         Delegation Panels were not public meetings so there was no process for people to be able to make representations. Noted on major developments there would be early engagement with communities through pre-application developer briefings. Decisions of the Delegation Panel would be published on the council’s website.

  vi.         A review of the Delegation Panel process would be undertaken in 12 months’ time and councillors could feed any comments into this process.     

 

The Committee:

 

Unanimously resolved to endorse the following recommendations for approval at Cambridge City Council Civic Affairs Committee and the South Cambridgeshire District Council Civic Affairs Committee before final approval at each authorities Full Council:

i.               the Greater Cambridge Shared Planning Service Scheme of Delegation, December 2024; and

ii.             the amended Public Speaking Rights at Planning Committee; and

iii.            the amended Members Planning Good Practice Guide

with delegated authority for minor amendments to officers in consultation with the relevant Executive Councillors; and

iv.           to delegate authority for minor amendments to the drafting to assist in providing clarity only to officers in consultation with the relevant Executive Councillor; and

v.             that a review of the revised Scheme of Delegation be undertaken in 12 months and a report prepared to each Committee for consideration and action.