Decision details

The Chair invited the Interim Monitoring Officer to present his report. The Interim Monitoring Officer introduced the Committee’s new Terms of Reference as defined by Full Council and explained the recommendations as set out in the report. He drew Members’ attention to the 2 appendices, in particular in Appendix 1 Part 1 to 3.1.4 [the authority to establish Sub-Committees and Working Parties, which should be rarely employed due to Officer resources] and 3.1.5 [delegation to officers], and in Appendix 2 to the Reserved Matters which Officers had reserved to the Committee. He then invited questions from Members.

The Chair raised the issue of Neighbourhood Development Plan (NDP) referendums as listed in Appendix 2 [Reserved Matters] point 3, which noted that this Committee should recommend to Full Council any successful NDP, but queried whether a change to legislation had now given delegated authority to Officers to refer these to Full Council. The Planning Policy and Conservation Team Leader confirmed the NDP preparation process was governed by 2012 regulations which included provision to give delegated authority to Officers to carry out the necessary functions at the various stages the plans were submitted by a Neighbourhood Planning Body in order to establish the proposed plan was in accordance with strategic policies, for example in the Local Plan so there was no potential conflict. He explained that the timescales legislated by Central Government for actioning successful referendums were restrictive, and delegated authority to Officers allowed for things to progress in keeping with these timescales and avoid the risk of delay. The Planning Policy and Conservation Team Leader recommended that point 3 be removed from the Reserved Matters in Appendix 2 as it could potentially frustrate that process. The Chair agreed that successful referendums should be actioned promptly and, due to the legislation, the clause should be removed from the Reserved Matters.

One Member raised concerns about the amount being delegated to Officers, in particular the Specific Functions listed in Appendix 1 Part 2 and whether more of these should be reserved to the Committee or at least come to the Committee for consultation or approval. The Interim Monitoring Officer explained that it was difficult to reserve policy matters to Officers and so the reality was that most of the Committee’s Specific Functions were Reserved Matters.

In response to a number of points raised by Members, the Interim Monitoring Officer confirmed that the establishment of Sub-Committees and Working Parties should be a Reserved Matter and the Appendix would be amended to reflect this, that the Committee could retain power over a delegated decision through the consultation of the Chair and Vice-Chair with the Lead Officers and for Committee Members via the Work Programme which was their opportunity to draw attention to issues they wanted to come to Committee, and that nothing in the Reserved Matters was not a high level strategic matter, for example approving policies before public consultation.

The Chair thanked Members for the helpful discussion and urged them to communicate any issues regarding the Terms of Reference with the Interim Monitoring Officer and Constitution Working Party. The recommendations were then proposed and seconded.

The Committee

                     RESOLVED that

1)    the general terms of reference for Committees in Part 3 paragraph 3 of the Constitution and further the specific Terms of Reference for the Planning Policy Committee as established by Full Council on 19 May 2021 as set out in Part 1 and Part 2 of Appendix 1 (attached) be noted

2)    suggestion be made to Full Council through the Constitution Working Party for clarifications of these Terms of Reference

3)    the schedule of Planning Policy Committee meetings as set out in the Calendar of meetings (attached) be noted

4)    the matters reserved scheme whereby matters not reserved by Committee to itself are delegated to Officers by default as set out in Appendix 2 (attached) be agreed