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Minutes:
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.
Supporting documents: