Planning Committee Delegation: Report of the Chairman of the Service Provision Scrutiny

AGENDA ITEM 21

BOROUGH OF POOLE

CABINET

3RD APRIL 2007

PLANNING COMMITTEE – DELEGATION: REPORT OF THE CHAIRMAN OF THE SERVICE PROVISION SCRUTINY AND AUDIT COMMITTEE

1. Purpose

1.1 To consider the Chairman's Report following the Scrutiny Committee consideration of Planning Committee - Delegation.

2. Decision Required

2.1 That Council be recommended to approve that provisional dates are set aside in the Council's Calendar of Meetings to enable Meetings of the Planning Committee to be held in the event of a Member ‘Red Carding' a Prior Notification application in respect of telecommunications.

3. Background/lnformation

3.1 The Service Provision Scrutiny and Audit Committee, at its Meeting on 15 March 2007 considered the Report of the Head of Planning Design and Control.

3.2 On 7 November 2006, following a Report by the Delegation Review Working Party, the Planning Committee recommended that the Council's Delegation arrangements be amended including in respect of Prior Approvals as follows;

3.3 10. Applications (excluding prior approval applications) for telecommunications development which involve the erection or installation of new masts. Proposals for additional antennae or dishes on existing telecommunication structures fall within the scheme of delegation.

This will be considered by Council at its Meeting on 10th April 2007.

3.4At Councillor Brooke's request the Chairman agreed that the Service Provision Scrutiny and Audit Committee look at the procedure adopted through the recommended delegation.

3.5 With conventional planning applications the Local Planning Authority is allowed 8/13 weeks (depending on the scale of the proposal) to determine the application. After that time the applicant has the opportunity to appeal on the grounds of non-determination. That is known as a deemed refusal but is little used as most applicants wish to achieve a negotiated settlement, even if national timescales are exceeded.

3.6The situation with telecommunications prior approval consents is entirely different. The Council has 56 calendar days to determine the application. If the applicant does not receive the Council's decision on or before the 56th day he is entitled to a deemed approval

3.7During the meeting the Committee was concerned that residents would be deprived of an opportunity to make their views known to the Planning Committee on contentious cases. It was suggested that the timing of the submission of Prior Approval Applications, could mean that it would not be possible for the Application to be brought to a Committee Meeting.

3.8Additional Meetings of the Planning Committee would avoid this 'loophole' and enable 'Red Carded' Applications to be considered by the Planning Committee. It was stressed that such dates would not be intended to be used for additional Meetings for other matters.

3.9It was unanimously agreed that additional provisional dates be made available between the usual Planning Committee dates to enable Meetings of the Planning Committee to be held in the event of a Member 'Red Carding' a Prior Notification application in respect of telecommunications.

Councillor Jeff Allen

Chairman of Service Provision Scrutiny and Audit Committee

Background papers:-

Report and Minutes of 15 March 2007 Service Provision Scrutiny and Audit Committee

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