Members guide to planning meetings

Running Order at Planning Committee

2017 Edition

www.cornwall.gov.uk

The aim of this guide is to provide Members with a brief introduction to the procedures that need to be followed at planning committee meetings.

It is intended as a guide only, together with extracts from the Constitution. Further advice and

guidance can be obtained from Democratic Services or for advice on planning issues from the local planning authority.

Cornwall Council Offices where planning committees are held:-

Bodmin Chy Trevail, Beacon Technology Park, Bodmin, PL31

2FR

Camborne Dolcoath Avenue, Camborne, TR14 8SX

Liskeard Luxstowe House, Greenbank Rd, Liskeard, PL14 3DZ Penzance St John’s Hall, Penzance, TR18 2QW

St Austell 39 Penwinnick Road, St Austell, PL25 5DR Truro New County Hall, Truro, TR1 3AY

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CONTENTS PAGE

Running Order at Planning ………………………………………………………… Page 4

Committee Meetings

Planning Committee Guidance ………………………………………………… Page 7

Site Meeting Procedure – Appendix 1

Planning Committee Guidance ………………………………………………… Page 8

Site Visit Procedure – Appendix 2

Planning Committee Guidance ………………………………………………… Page 9

Public Meetings – Appendix 3

Pre Application Community Engagement – Appendix 4…………. Page 13

Planning Committee Guidance ………………………………………………… Page 14

Technical Briefings – Appendix 5

Guidance for Members and Officers ………………………………………. Page 16

Dealing with Planning Matters – Appendix 6

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Running Order at Planning Committee Meetings

1. Chairman introduces the item;

2. Planning officer gives a presentation of the proposal, key issues and any updates;

3. Public speakers address the Committee in the order of objector, Parish Council, supporter and respond to Members’ questions of clarification only.

(Note – for major applications 2 speakers are allowed).

4. Electoral Division Member addresses the meeting – there is no time limit, however, the Constitution requires the Chairman to call for the Member to sum up after 5 minutes.

4.1 (NB - A Member of a Planning Committee shall not participate in the debate on and determination of a planning application for a site within their Electoral Division other than (i) by addressing the Committee as the Electoral Division Member during the period allocated for public speaking on the Committee Agenda; and (ii) in accordance with the procedure requirements determined by the Council that no time be imposed on Member speeches during Planning Committees but if a Member is still speaking after 5 minutes the Chairman will request the Member to sum up).

5. Members Questions - Planning officer responds to Members’ questions arising from the presentations. NB all Members are able to ask question at Planning Committees, regardless of whether they are a Member of that Committee or not.

6. Committee debates the item. (Committee Members only, excluding Electoral Division Member as detailed in 4.1 above).

7. Planning officer clarifies any outstanding issues before the vote is taken.

8. Decision is made by the Committee.

(NB In all circumstances there must be valid reasons stated for a recommendation (proposal) before a vote is taken).

Formal Site Meetings

During consideration of an application at Committee some

Members may feel they would like to view the site and its setting together with representatives in attendance. A formal site meeting can be held, in order to hold a formal site meeting there has to be a formal vote taken for the item to be deferred.

Reasons for the site meeting need to be recorded in the minutes. The formal procedure for calling site meetings is set out at Appendix 1.

Informal Site Visits

It may be that the committee would like to view a particular site before an application is formally considered by a Planning Committee; the Chairman can therefore call an informal site visit. Details of who can attend are set out at Appendix 2.

Public Meetings

In certain instances where there is significant public representation the Chairman, in consultation with officers, may decide to call a public meeting prior to committee. The procedure for calling and holding a public meeting is set out at Appendix 3.

Planning Committee Pre-application community engagement (PACE) Forum To inform the community, local councils and Planning Committee Members of potential, proposed applications at a very early stage in the process and enable the applicant to shape a proposal to address community issues. Procedure set out at Appendix 4.

Planning Committee Technical Briefings

For certain applications the case officer in consultation with the

Chairman may decide it would be beneficial for Members to receive a technical briefing on certain applications. The Technical Briefing Procedure is set out at Appendix 5.

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Appendix 1

Planning Committee Guidance – Site Meeting

Procedure

Purpose of the site meeting

1. To view the site of a planning application in order to gain more information with reference to the site and its setting.

2. To listen to representations from all parties in relation to the proposed development.

When will a site meeting be held?

A site meeting will be held after the consideration of a planning application by the Planning Committee.

Who can call for a site meeting?

The Planning Committee may decide to defer an application for a site meeting in their consideration of an item on the committee agenda.

Who can attend a site meeting?

l Planning Officer;

lDemocratic Services Officer;

l Expert officers as required (e.g. Highways, affordable housing);

l Chairman and Vice-Chairman of that committee;

l Members of that Planning Committee;

l Electoral Division Members;

l Consultees including the local council;

l The applicant and his/her representatives;

l All those who at the time of the Planning Committee had made written representations on the application;

l Third parties.

Procedure

Those attending will be given an opportunity to speak. The Chairman has a right to impose a time limit. The usual running order is set out below. The Chairman has the right to change the running order.

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The usual running order will be:

1. Chairman’s introduction.

2. Planning officers introduction.

3. Applicants comments.

4. Local Council comments.

5. Consultees.

6. Local Electoral Division Member.

7. Third parties for or against in any order the Chairman decides.

8. Planning officers summary.

9. Chairman’s closing remarks.

A report of the site meeting will be made to the next appropriate meeting of the relevant Planning Committee.

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Planning Committee Guidance – Site Visit Procedure

Purpose of the site visit

The sole purpose of a site visit is to view the site of a planning application in order to gain more information with reference to the site and its setting.

When is a site visit held?

A site visit will be held prior to the consideration of a planning application by the Planning Committee.

Who can attend a site visit?

l Planning Officer

l Members of the Planning Committee

l Electoral Division Members

Procedure

The Planning officer will describe the proposed development and point out any physical features on the site that are relevant to the consideration of the proposals.

A record of when the site visit took place and who attended will be placed on the planning application file.

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Planning Committee Guidance – Public Meetings

Purpose of a Public Meeting

To hear the views of the community.

Agreement to hold a Public Meeting

After consultation with the Local Electoral Division Member the Case Officer will discuss with Lead Officer (Planning and Sustainable Development) who will consult with the Chairman of Committee in consultation with Lead Officer Democratic Services, to agree if a public meeting should be held. The Chairman will base his decision on the views of the Electoral Division Member, the number of public representations made, (as a guide over 80 individual letters of representations made by the public would warrant a meeting). Assessment will also be based taking into consideration support received and complexity of the proposal.

When will the Public Meeting take place?

Democratic Services will liaise with the Chairman, Council Diary and Case Officer to identify an appropriate date which does not clash with other Member meetings and will book a meeting room. The public meeting will be held prior to publication of the agenda.

Will the site be viewed prior to the public meeting?

Prior to the public meeting, an informal site visit will take place with officers and Members only.

Where will the Public Meeting be held?

We will endeavor to hold public meetings as close to the application site as possible.

Who will be in attendance at the Public Meeting?

The Planning Case Officer, Lead Officer Planning and

Sustainable Development together with the Democratic Services Officer.

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Other Attendees?

l Applicant/Agent – (to observe only) Case Officer will invite.

l Committee Members and Substitute Members, Local Electoral Division Members – Democratic Services will invite all Members as appropriate.

l Parish and Town Council representatives – Democratic

Services will invite.

l The Case Officer will ensure letters go out to all interested parties that have made representation on the planning file.

Press and Communications

Democratic Services will liaise with the Communications Team to ensure the press are aware of the public meeting and a statement is agreed by the Chairman for publication.

Public Speaking

Members of the public are able to speak at the public meeting via registration with Democratic Services Officers on entering the meeting.

Format of the Public Meeting

1. The Chairman to welcome and explain purpose of the meeting.

2. The Case Officer will deliver a presentation summary on the proposals which will be followed by the Chairman inviting members of the public to speak and will advise that a full presentation will be given at the formal planning committee meeting.

3. The Chairman, in exercising his discretion and chairing skills, will ensure the meeting is run effectively.

4. Although speakers are advised to register it is good practice when the meeting has heard all those that have registered to speak for the Chairman to call for any fresh points or make sure that everyone has had their say.

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5. The Chairman, in closing the meeting, will thank all for their attendance and announce the date when the application will be formally considered by the Planning Committee.

Role of Planning Committee and Electoral Division

Members in attendance

Members are invited to attend to listen to the views of the community and they are advised not to make comment or voice any views on the proposals.

Record of the Public Meeting

Democratic Services will take notes of the representations made by the public at the meeting which will be published with the planning file on the agenda for the meeting.

Appendix 4

Planning Committee Guidance – Pre Application Community Engagement (PACE) Forum

Purpose of the PACE Forum

To inform the community, local councils and planning committee members of potential, proposed applications at a very early stage in the process, and enable the applicant to shape a proposal to address community issues.

Agreement to hold a PACE Forum

The case officer will discuss with prospective applicants to encourage them to take up the opportunity for full community engagement through these forums. The Chairman of the relevant planning committee will be informed of upcoming Forums due to take place. The Case Officer in consultation with the Strategic Development Manager or Group Leader will organise and invite the officer attendees and local residents.

When will the PACE Forum take place?

These will take place at a very early stage in the pre-application process of an application and will allow for the community and members to have a real influence on a prospective application. The co-ordination of dates and venues will be carried out with the Local Council to ensure a suitable date and an available local venue for the forum.

Who will be in attendance at the PACE Forum?

In addition to Members of the Committee (All Members for Level 1; Chair/Vice Chair and Local Members for Level 2), the Planning Case Officer, Lead Officer Planning and Sustainable Development, Local Member(s), the Local Council and local residents.

Who will organise expert officer attendance?

The Case Officer in consultation with the Strategic Development Manager or Group Leader will organise and invite the officer attendees.

Other Attendees

l Applicant/Agent - The Case Officer will invite

l Committee Members and Substitute Members, Local Electoral Division Members – the Case Officer will liaise with Democratic Services who will invite all Members as appropriate for a Level 1 Forum. The Case Officer will invite relevant Members for a Level 2 Forum.

l Parish and Town Council representatives –Democratic Services will invite for a Level 1 Forum. Case Officer will invite Local Council representatives for a Level 2 Forum.

l Members of the public – The case officer will invite local residents on the same criteria as used for neighbour notification of a formal planning application. The forums will also be advertised on the Cornwall Council website.

Briefing the Applicant/Agent

The Case Officer will brief the Applicant/Agent as to the format of the Forum and the required presentation and degree of detail.

Record of the Pre-application Community Engagement Forum

The Case Officer will take notes for the planning file and share these with the applicants as part of the pre-application process.

Appendix 5

Planning Guidance Notes – Technical Briefings

Purpose of Technical Briefing

To provide Members with detailed information.

Agreement to hold Technical Briefing

The Case Officer will discuss with the lead officer Planning and Sustainable Development who will consult the Chairman of the Committee to agree the briefing.

When will the Technical Briefings take place?

Briefings are held 2 – 3 weeks prior to an application being put to Committee. The Case Officer will liaise with the Democratic Services Officer to identify an appropriate date which does not clash with other Member meetings and meeting room will be booked.

Who will be in attendance at the Technical Briefing?