At Planning Committee on 15 November 2023, the
Committee resolved to refuse planning permission on application
Y/52/23/PL for 4 reasons. At the meeting, the proposed reasons for
refusal were read out but officers were not asked to provide advice
on these before a vote was taken. This process was contrary to
paragraph 12.7 of the Planning Protocol contained within the
Council’s Constitution relating to instances where the
Planning Committee makes a decision contrary to the officer’s
recommendation (whether for approval or refusal or changes to
conditions or S106 obligations), which states: “The
officer(s) should also be given an opportunity to explain the
implications of the contrary decision should one be
made.”
This report is required because the reasons for refusal need to be
considered fully with the benefit of the advice of officers to
provide clarity to the applicant for any future appeal proceedings
and to minimise any potential risk to the Council.
The Committee are asked to consider the advice in this report and
agree what (if anything) they wish to do considering this
advice.
Decision type: Non-key
Decision status: Recommendations Approved
Wards affected: (All Wards);
Notice of proposed decision first published: 29/11/2023
Decision due: 14 Dec 2023 by Planning Committee
Lead director: Director of Growth
Contact: Neil Crowther, Group Head of Planning & CPO Email: neil.crowther@arun.gov.uk.