Issue - items at meetings - Neighbourhood Planning - Delegation of Decisions

Report of the Executive Director for Environment, Development & Housing (copy attached).

RESOLVED: That the Committee agrees to the following process for dealing with all decisions and responses required in respect of neighbourhood planning:

i)             Where timetabling allows applications to be determined within the legislative timescales these will be bought to the Economic Development & Culture Committee for decisions,

ii)            Where timetabling does not allow this the Executive Director for Environment, Development & Housing will consult with the Chair, Deputy Chair and Opposition Spokesperson will be consulted and:

a.    If there is unanimous consensus amongst the views of Members the application will be determined,

b.    If there is no unanimous consensus amongst Members an Urgency Sub-Committee will be convened to determine the application.

8.1       The Committee considered a report of the Executive Director for Environment, Development & Housing in relation to Neighbourhood Planning – Delegation of Decisions. The report sought to obtain approval for all decisions and responses in respect of neighbourhood planning to be delegated to the Executive Director; excluding decisions to make a Neighbourhood Development Plan (NDP). Currently all formal decisions in respect of neighbourhood planning had to be made by the Committee; apart from those relating to NDP which had to be made by Council.

8.2       In response to Councillor Druitt it was explained that the preferred position would be to not to ask for Officer delegation on the matter; however, due to the timetabling of meetings it was not always possible for decisions to come to Committee in a timely manner. There was also little discretion, in terms of the legislation, for Members to influence the outcome of applications – only where proposed areas overlapped.

8.3       In response to Councillor Nemeth it was explained that there was no sanction in the legislation for not meeting the required timescales, but there was a clear indication from Central Government that local authorities should comply with the legislative requirements. Councillor Nemeth supported the convening of an Urgency Sub-Committee in circumstances where it was not possible to bring the matter before Committee in time. Councillor Peltzer Dunn also agreed with this suggestion and argued it would provide a clear democratic mandate.

8.4       Councillor Yates stated his view that the thrust if the Localism Act had been to empower communities; he felt that this did not necessarily translate that all decisions had to be taken by elected Members; if the scope for Member discretion was limited he would be satisfied with the recommendation in the report.

8.5       In response to Councillor Robins it was clarified by Officers that no policy needed to be applied to these decisions; instead the legislation set out the criteria that had to be met; if this were done then the local authority had to approve the area becoming a neighbourhood forum.

8.6       In response to a further question from Councillor Druitt it was explained that the local authority had a duty to assist residents with their applications.

8.7       The Chair proposed the following amendment: where timetabling allowed applications would come before the Committee for decision; where this was not possible the Chair, Deputy Chair and Opposition would be consulted, and unless there was consensus amongst Members an Urgency Sub-Committee would be convened. The Chair put the amended recommendation to the vote, and it was carried.

8.8       The Chair then put the amended recommendation to the vote.

8.9       RESOLVED: That the Committee agrees to the following process for dealing with all decisions and responses required in respect of neighbourhood planning:

i)             Where timetabling allows applications to be determined within the legislative timescales these will be bought to the Economic Development & Culture Committee for decisions,

ii)            Where timetabling does not allow this the Executive Director for Environment, Development & Housing will consult with the Chair, Deputy Chair and Opposition Spokesperson will be consulted and:

a.    If there is unanimous consensus amongst the views of Members the application will be determined,

b.    If there is no unanimous consensus amongst Members an Urgency Sub-Committee will be convened to determine the application.