Agenda item - Public Questions

(The closing date for receipt of public questions is 12 noon on 10 March 2010)

A public questions received has been received from Miss P Tompkins – Report of the Director of Strategy and Governance (copy attached)

234.1    The Committee considered a report of the Director of Strategy and Governance setting out a question received from Miss P Tompkins. Miss Tompkins was present to put her question in person and having received a response from the Chairman was afforded the opportunity to ask a supplementary question.

234.2    Miss Tompkins put the following question:

              “Attractive areas surrounding the town are destroyed by developers interested in their cash return, regardless of the destruction to other people’s homes. The impact of close proximity and overshadowing which effects the previous pleasant environment of homes, owners suddenly faced with such a situation, in short home owners would suffer for the gain of the developer. As a member of the public it is relevant to ask if the Planning Committee are fully aware of all developments, and if such a situation existed would they stand by the public, their public as elected Councillors? As a Councillor do you consider a developers gains should be placed before the public environment and the destruction of their homes?”

234.3    Miss Tompkins then expressed personal opinions which did not form the substance of a question, in order to set them into context the Chairman explained that the specific development to which Miss Tompkins was referring related to a permitted development on which the Council as Local Planning Authority had no locus. This had been the subject of two Ombudsman Enquiries neither of which had found against the Council in any way.

234.4    The Chairman then responded in the following terms explaining that a copy of both Miss Tompkins’ question and the reply would be sent to her as a written response.

              “All applications for development in the City are published weekly on the City Council website (the weekly list). In addition and where relevant applications are published in the “Leader” newspaper, by site notice and through neighbour notification. All decisions made on planning applications are reported in the pages of the Planning Committee agenda papers. The most significant or controversial applications are decided by Planning Committee. In that way Councillors are aware of proposed development in the city.

              In making decisions on planning applications the duty is to determine them in accordance with the Development Plan unless there are material considerations which would indicate otherwise.

              Residential amenity is expressly protected through policy QD27 of the Brighton & Hove Local Plan. That policy, together with other policies in the Development Plan seek to balance the impacts on amenity and environment with the impacts and benefits of development.”

              Many householder improvements or developments do not require planning permission and are permitted under planning legislation. The Local Planning Authority do not have any involvement or role where development is permitted.”

234.5    RESOLVED - That the position be noted.