STRATFORDUPON AVON TOWN COUNCIL Planning Procedures (These Procedures Should

stratford-upon avon town council planning procedures (these procedures should be read in conjunction with stratford-upon-avon town

STRATFORD-UPON AVON TOWN COUNCIL
Planning Procedures
(These procedures should be read in conjunction with
Stratford-upon-Avon Town Council’s Members’ Planning Code of Good
Practice)
Contact Details:
*
Cllr Ian Fradgley (Chairman) – Tel: 01789 266369
Email: [email protected]
*
Cllr Bill Dowling (Deputy Chairman) – Tel: 01789 740795 Email:
[email protected]
*
Neil Pearce (Planning Consultant) – Tel: 07786 161872 Email:
[email protected]
*
Lisa Cowley (Planning Clerk) – Tel: 01789 269332
Email: [email protected]
1 Code of Conduct
1.1 Committee members should refrain from any interaction whereby a
personal relationship of any description can be inferred between
themselves and speakers, agents or members of the public who may be
present. The use of forenames and general familiarity should be
avoided at all times
1.2 There should be no interaction with the public at any time when
the meeting is in progress unless it is part of the formal agenda e.g.
questions for registered speakers
1.3 Do recognise that when considering non-pecuniary (personal)
interests, you should think about how a reasonable member of the
public, with full knowledge of all the facts, would view the matter as
to whether you should speak or vote on a particular planning
application
1.4 There are occasions when you may have said something (e.g. in a
comment to the press or at a public meeting) or acted in a way which
creates a perception that you have prejudiced or predetermined the
outcome of the planning application or which suggests you have a
biased view towards a particular development, which is known as
‘fettering your discretion’
1.5 Do not fetter your discretion and therefore your ability to
participate in planning decisions by making up your mind, or clearly
appearing to have made up your mind (particularly in relation to an
external interest or lobby group)
1.6 Section 25 of the Localism Act 2011 reflects the common law
position by making it clear that a councillor should not be regarded
as having a closed mind simply because they previously did or said
something that indicated what view they might take in relation to any
particular matter
Further information on ‘fettering your discretion’ can be found in
section 4 of the Town Council Members’ Planning Code of Good Practice
dated July 2015
2 Format of Planning Consultative Committee Meeting
1.
Chairman opens meeting and makes any announcements which will
include itemising applications deferred from the immediate past
Chairman’s Actions Meeting
2.
Apologies for absence are recorded
3.
Declarations of interest taken. Members should state at this time
whether they have had contact with or communication from
applicants/objectors or agents thereof, or have attended a site
visit pertaining to an application on the agenda. Members should
state whether it is a non-pecuniary or pecuniary interest
4.
The Committee will consider any written requests for dispensation
5.
The Committee will consider the granting of verbal requests for
dispensation
6.
Public participation*
7.
Pre-planning application presentations
8.
Signing of previous meetings minutes
9.
Notices of Decision (for information only) to be circulated at the
meeting
10.
Planning Clerk’s Open Report:
*
List of planning applications including any
items deferred from additional Chairman’s
Actions Meeting. There will be an opportunity at the start of each
application for public speaking, if registered
*
To note action by the Planning Clerk after consultation with the
Chairman, Deputy Chairman and Planning Consultant
*
Street Trading applications and licensing
Applications
*
Any other business to report for information
11.
The Chairman’s Verbal Report for information
12.
To note requests for Alterations of Recommendation
13.
To register the Town Council representative to
speak at District Council Planning Committee
Meeting
14.
To appoint substitutes for the next Chairman’s
Actions if necessary
15.
Date of next meeting
16.
Chairman closes the meeting
* Please note that Public Participation will be confined to non-
agenda items on matters under which the Council has control
or is a consultative body (subject to a time limit of 15 minutes,
3 minutes per speaker)
3 Planning Applications
3.1 Ward members on the PCC who have fettered their discretion (ref
item 4 on Members Planning Code of Good Practice) should remove
themselves from the Committee seating area for the duration of the
item and may only address the Committee in their role as a ward
councillor
3.2 The Planning Consultant will present the case and outline key
issues
3.3 Points of clarification – questions to the Consultant by members
3.4 If a councillor has made a site visit, they should inform the
meeting of what was learnt by the visit, subject to a time limit of 1
minute per councillor
3.5 Participation specific to the application
Objectors - 3 minutes in total
Supporters - 3 minutes in total
Applicant - 3 minutes in total
Ward members not on the PCC – 3 minutes in total
Members of the public wishing to speak about a specific application
should register their interest with the Planning Consultative Clerk by
noon on the day before the Planning Consultative Committee Meeting.
They should register their name and address, the application number,
and whether they are supporting or opposing the application. Public
speakers will be permitted in accordance with paragraph 6.4
3.6 Points of clarification – questions to the participants or
Planning Consultant by members – no time limit. Participants are
requested to stick to concise answers and not use this as an
opportunity to elaborate on other material issues. Members are
reminded to keep the questions short and focused on material issues
relevant to the case. Members are given one opportunity to ask
questions, including supplementary questions for clarification
3.7 Town, District or County Council ward members not on the PCC may
also make a written representation on applications in their ward,
which will be tabled or oral representation at the meeting – 3 minutes
in total
3.8 If a ward member has specifically requested an application be
deferred to Committee, they will be expected to attend the Planning
Consultative Committee to state their case and answer any questions
3.9 Committee debate –
*
Each member will be given the opportunity to ask the Planning
Consultant any points for clarification
*
Each member will be given the opportunity to voice their opinion
in turn
*
If the point has already been made, members should not waste time
by commenting further or concurring with a previous speaker
*
Members will be asked to speak concisely and only on matters
relevant to the case
*
Further representations will be at the discretion of the Chairman
3.10 The Chairman may also express his/her view as part of the
Committee debate. It will only be necessary for the Chairman to speak
again if the debate seems finely balanced and the Chairman’s casting
vote looks likely
3.11 Following the debate –
*
A proposal will be required, substantiated by planning reasons,
which must be seconded. The proposer and seconder will be noted
but will not be recorded in the minutes
*
The proposal can either be to support, to object, to comment or
make no representation
*
Members will then need to vote on the proposal by clearly raising
their voting card
*
Chairman will invite all those in favour to raise their voting
card and then all those against to raise their voting card and
then those who wish to abstain
*
The clerk will minute the result of the vote
3.12 The Consultant will interpret and formulate the formal response
of the Town Council, which will be read back and agreed by the members
who voted for the proposal, before it is electronically sent to the
District Council. Whilst the consultant formulates the response,
members will remain seated and silent
4 Internal Procedures and Appendices
4.1 List of all the applications referred to the Planning Consultative
Committee for consideration from the Chairman’s Actions meeting –
Appendix A
4.2 List of all the applications considered at the Chairman’s Actions
meeting – Appendix B. An additional Chairman’s Action list will have
been circulated to Council on the Friday prior to the Planning
Consultative Committee Meeting. The additional Chairman’s Actions list
will be tabled at the meeting
4.3 Street Trading Applications
4.4 Requests for Alteration of Recommendation
4.5 A speakers list will be produced as a point of reference in the
afternoon of the day before the Committee Meeting and e-mailed to the
Chairman, Deputy Chairman and Planning Consultant
4.6 Items where there is Public Participation will be moved, at the
discretion of the Chairman, to the beginning of the list of
applications being considered
4.7 Prior to the meeting, tea and coffee will be available in the
Committee Room for Committee Members. If a comfort break becomes
necessary, members are asked to wait until there is a natural break in
proceedings but should not leave the room during the deliberation of
planning applications, or the submission thereof
5 Chairman’s Actions
5.1 Decisions are usually taken by the Chairman and Deputy Chairman on
behalf of the Committee during Chairman’s Actions. Consequently, this
must be taken into account when electing the Chairman and the Deputy
Chairman. Members of the Planning Consultative Committee are therefore
placing their faith and responsibility in the individuals nominated
5.2 If a member wishes to refer an application from Chairman’s Actions
to the Planning Consultative Committee, the request must be
substantiated by a sound planning reason in accordance with the
Development Plan (which specifically includes the NPPF) and in all
cases, it will be at the discretion of the Chairman and the Deputy
Chairman as to whether the item is referred but non-substantiated
requests will not be referred
5.3 Within three working days of receipt of the Chairman’s Actions
List, members will be required to request in writing, including
planning reasons, items which they wish to be referred to the Planning
Consultative Committee. As a last resort, members may make verbal
representation to the Chairman, Deputy Chairman or Planning Consultant
if for some reason, written communication proves impossible
5.4 It is the Town Clerk’s responsibility to ensure that the Planning
Consultative Committee Meeting is called in accordance with
legislation. The Council’s officers are not responsible for notifying
any individual, agent or representative from any outside body that an
application which may be of interest to them is being considered at
Chairman’s Actions or the Planning Consultative Committee. It is the
Ward Councillor’s responsibility to convey such information where
considered appropriate
5.5 Chairman’s Actions Meeting will normally take place at 9:00am at
the Town Hall on the Wednesday preceding the Planning Consultative
Committee Meeting
5.6 The additional Chairman’s Actions Meeting will normally take place
at 5:45pm immediately prior to the Planning Consultative Committee
Meeting. Where appropriate, when there is a long list of supplementary
applications to consider, the additional Chairman’s Actions Meeting
may begin earlier than 5:45pm
5.7 If the additional Chairman’s Actions Meeting is still in session,
Committee members and members of the public wishing to attend the
Planning Consultative Committee who arrive before 6.30pm will be asked
to wait in another room
5.8 The quorum for the Chairman’s Actions Meeting is two. If a quorum
is not present, or if during the meeting the number of councillors
present falls below the required quorum, no business shall be
transacted and the meeting shall be adjourned. Business not transacted
shall be transacted at the Additional Chairman’s Actions Meeting
immediately prior to the forthcoming Planning Consultative Committee
Meeting to which the business is being referred
5.9 The Chairman and Deputy Chairman will normally attend Chairman’s
Actions Meetings, delegating responsibility to an alternative member/s
of the Planning Consultative Committee in the event they are unable to
be present
5.10 As it cannot be assumed that the Chairman and Deputy Chairman
will be present, the names of the two councillors in attendance at the
Chairman’s Actions Meeting will be recorded in the Minutes
5.11 Although the Planning Officer is at Chairman’s Actions to advise
whether the decision to respond should be ‘no representation’,
‘support’, ‘oppose’ or ‘defer to PCC’, the final decision is made by
the two councillors present being in agreement - if they disagree then
the decision will be to defer the application to the PCC meeting
5.12 An application will automatically be deferred to the PCC meeting
if the application is from an existing town councillor or a member of
the town council staff or their immediate families
5.13 An application will automatically be deferred to the PCC meeting
if a resident, developer or ward councillor has registered to speak on
the application by 12 noon on the day before the PCC meeting.
14.
Residents wishing to speak on a planning application should
bring it to the attention of their ward councillor prior to the
meeting of the PCC.
15.
The Chairman of the PCC will adhere to a courteous set statement
of explanation to residents who turn up at a PCC meeting wishing
to speak, but having failed to register, are disqualified;
14.
That planning application lists will first be delineated by ward
and then sent by email to the appropriate members;
14.
All applications will be published on the Town Council’s
website.
6.
Response Deadlines outside normal time frame
6.1 The Planning Clerk will check the response date on all Planning
Applications;
6.2 If a response is required before Chairman's Actions, or the
Additional Chairman's Actions Meeting, the Clerk will bring the
application to the attention of the Chairman, Deputy Chairman and
Planning Consultant;
3.
If a response falls after Chairman's Actions but before the
Planning Consultative Committee, the Planning Clerk will
embolden the response date on the Chairman's Action list to
highlight that the application cannot be deferred due to timing;
3.
Those in attendance at the Chairman's Actions Meeting must
determine either a) a response or b) a holding objection. The
Planning Consultant or the Planning Clerk will send the response
immediately thereafter.
7 Pre-Application Proposals
7.1 Greater emphasis is now placed on the involvement of local people
and organisations in the pre-application process. The Town Council
will therefore provide a more proactive role in the consideration of
pre-application proposals within the town. Pre-planning presentations
of no more than 10 minutes duration (to include Q&As) will be heard as
part of a Planning Consultative Committee Meeting and the Committee
will have the opportunity to ask for points of clarification but must
not state or pre-determine their view on the application. Members will
have one opportunity to ask questions
7.2 Pre-planning presentations are an agenda item, following Public
Participation. This does not necessarily mean that a presentation will
automatically occur at every PCC meeting. Requests for pre-planning
applications should be made in writing by no later than 5 working days
prior to the Committee meeting
7.3 It is important that there is no display of familiarity with any
of the presenters or public
7.4 Pre-planning application presenters will be allowed to speak for
the allotted time. Additional information whether it be in the form of
advertising leaflets, or photographs, or a written statement will not
be permitted and should not be handed out at the meeting. Presenters
are encouraged to use PowerPoint presentations to display
plans/photos/sketches etc. whilst they address the Committee. The
Planning Consultant will upload the presentation, which can then be
controlled by the presenter. The provision of models or presentation
boards at a pre-planning application presentation must be notified at
the time of registration and will be permitted at the discretion of
the Chairman
7.5 The Chairman should ensure that if a member asks a question, it
should not be interpreted by the pre-planning application presenter as
an invitation to carry on giving their presentation (which should have
been curtailed after 10 minutes). If the presenter is permitted to
respond, at the discretion of the Chairman, it should be factual and
succinct
7.6 Representation will be made to the District Council on any
pre-application proposals outside the town boundary which will
seriously impact on the town
8 Process for determining Amendments
8.1 In association with item 5.1 where the Chairman, Deputy Chairman
and Planning Consultant may take a decision on behalf of the
Committee, there are occasions where a planning application of note,
having been considered by the PCC is amended or the District Council
Planning Officer requests that the Town Council alters its
recommendation in light of additional information. In these instances:
8.2 Amendments will be dealt with through the normal Chairman’s
Actions/ PCC channels unless time scales do not allow for this to
happen. In this case, it will be dealt with by the Chairman, Deputy
Chairman and Planning Consultant.
8.3 The Planning Clerk will notify the Chairman, Deputy Chairman and
Planning Consultant to obtain a recommendation
8.4 The Planning Clerk will then forward the comments to the SDC Case
Officer
9 Process for requests of alterations of recommendation
9.1 The Planning Clerk will notify the Chairman, Deputy Chairman and
Planning Consultant to obtain a recommendation, which will be returned
to the Case Officer.
These occasions will be documented as an appendix within the next PCC
agenda
10 Speaking at District Council Planning Meetings
10.1 The Chairman or Deputy Chairman will normally attend District
Council Committee Meetings where Town Council representation is
necessary. However, if neither are available, the responsibility will
be delegated to either the ward members, or the proposer or seconder
of the motion
10.2 Where applications are to be heard by the District Council’s
Planning Committee and a Town Council representative is required to
attend the meeting, when necessary a pre-prepared statement approved
by the Chairman in association with the Planning Consultant will be
read out at the District Council Planning meeting by the Council
representative
10.3 The Town Council’s representative will be expected to attend the
meeting and present the views of the Town Council as agreed in the
motion which can be embellished in a manner that portrays the
speaker’s style but they should not express their own personal views
if different from that agreed, nor respond to questions with their own
views. If the representative disagrees with the motion put, they will
still be expected to present the Town Council’s case in an appropriate
manner
10.4 The Consultant will only become involved if the case is
particularly complex or controversial, when it may be prudent for an
experienced officer to put forward the Council’s case and be able to
answer questions from cross examination
11 Planning Appeals
11.1 Although the Town Council will not lead on appeals, there are
occasions when representation at an appeal would add weight and
support
11.2 The Planning Consultant will only become involved if the case is
particularly complex or controversial, although the Consultant will be
asked to review any prepared speech by the Chairman (or substitute) at
the appeal
11.3 The Council’s Planning Clerk will add to the Appeals Register any
appeals from within the town boundary or outside the town boundary
where the planning application will have an impact on
Stratford-upon-Avon
11.4 The Appeals Register will be forwarded to all Town Councillors to
determine whether the Town Council should be represented. Members must
state additional planning reasons that substantiate why the Town
Council should be represented
11.5 Appeals will become a standard item on the Planning Consultative
Committee agenda
11.6 If it is determined that the Town Council should attend the
appeal, the Committee will appoint a representative if the Chairman is
unable at attend
11.7 If it is determined that the Town Council should not attend the
appeal, the reason for non-representation will be logged on the
Appeals Register
11.8 The Chairman or appointed representative’s prepared speech will
be circulated to the Committee and Planning Consultant for comment
11.9 The Council representative will attend the appeal and once the
outcome is known, contact the Planning Clerk to update the Appeals
Register
12 Ward Representation
12.1 The Town Council’s Planning Consultative Committee should have
representation over the nine wards within the town, where possible.
Should an occasion arise where a ward is not represented, in
accordance with S/O C18, one of the two ward members should make every
effort to attend if there are relevant applications within their ward
on the agenda
13 Familiarisation of Applications, Site Visits and Training
13.1 Prior to the meeting, members will be expected to have
familiarised themselves with the applications online,
http://apps.stratford.gov.uk/eplanning/ - type in the application
number. Queries arising from the online inspection of applications
should be referred in advance to the Chairman, Deputy Chairman or the
Planning Consultant
13.2 Members will be expected to have undertaken site visits if there
are applications on the agenda which are in unfamiliar locations or
where site knowledge would be advantageous. In such a situation, you
are only entitled to view the site from public vantage points and you
have no right to enter private property. Whilst you may be invited to
enter the site by the owner, it is not good practice to do so on your
own, as this can lead to the perception that you are no longer
impartial
13.3 Do ensure that any information which you have gained from a site
visit is reported back to the Committee, so that all present at the
meeting have the same information
13.4 On occasions a pre-arranged accompanied site visit with the
Consultant may be prudent. Applications that are likely to warrant
this will be determined by the Chairman, Deputy Chairman and Planning
Consultant during Chairman’s Actions Meetings
13.5 All members will be expected to attend the regular Planning and
Licensing Training events conducted by the Planning Consultant and
outside organisations including the District Council and WALC
13.6 Members are expected to undertake planning training on a regular
basis. Planning training will be available throughout the year in
association with WALC, SDC and the Town Council’s Planning Consultant
14 Street Trading and Licensing Applications
14.1 When considering a licensing or street trading application it is
important to remember that the Town Council is not a statutory
consultee. However, the Council has the right, similar to that of the
general public, to object to a licence or street application and the
District Council will take note and respond accordingly
14.2 Street Trading and Licensing applications are subject to the same
operational procedures as Planning
Sarah Summers
Town Clerk
Amended and approved by Town Council 18.10.16
Amended item 5.11, 5.12 approved Town Council 2.10.18
Amended item 6 approved Town Council 19.3.19
14