Agenda item

That the following comments be submitted to the Planning Strategy Group for consideration in forming a single response to Welsh Government on the proposed Draft National Planning Protocol:

1. No comments on the need for a National Planning Protocol
2. Dispensations should be included in the National Planning Protocol
3. If a Member submitted a planning application, contact should be made with the Monitoring Officer
4. Members to be clear as to whether they were speaking as a Member of the Planning Committee or as a local Member and if speaking as local Member a specific requirement to leave the Planning Committee area after they have spoken
5. The Committee did not consider that the requirement for a Member who had submitted an application should be precluded from the site visit

The Deputy Monitoring Officer introduced the report and explained that a recent study had been undertaken by RTPI which concluded that there was much variety of practice across Wales in the operation of planning committees and a National Protocol was recommended.

            A copy of the draft Protocol was appended to the report with the main aim to improve consistency across the Local Planning Authorities (LPAs) in Wales.  The report focussed on the differences between the Council’s current protocol and the draft National Protocol and sought comments and suggestions in response to specific questions.  Those would be reported to the next meeting of the Planning Strategy Group prior to the closing date for comments on the consultation which was 20 May 2016.  A single response to the consultation would then be submitted.

            The Deputy Monitoring Officer suggested that the Committee focus on questions 1, 2 3, 8 and 17 although comments were welcomed on any of the 17 questions.

Question 1

            Robert Dewey questioned the need for a National Protocol as he felt all local authorities worked well with their own local arrangements.  Ed Hughes said he felt standard operating procedures could be beneficial to help with consistent principles.

Question 2

The Monitoring Officer drew attention to the proposed draft protocol on personal and prejudicial interests where it said a Member was not to participate, or give the appearance of doing so, in the making of a planning decision. The proposed protocol also specifically requested Member to notify the Monitoring Officer whenever they submitted a planning application themselves and advised that a professional planning agent should be instructed to deal with the application.  He highlighted the differences to those proposals against what the Council’s current protocol advised.  The Deputy Monitoring Officer said that those two elements accorded with the principles of the Council’s protocol although there was no requirement to appoint a professional planning agent. 

            The Deputy Monitoring Officer added that the draft protocol did not acknowledge the possibility that a dispensation may allow a Member to take part in the application which was in the Council’s current protocol.  The Committee felt this should be included in the draft protocol.

Question 3

The Deputy Monitoring Officer explained that the difference between the draft protocol and the Council’s protocol was that the draft protocol specifically set out the need for a Member to consider whether they were speaking as a local Member or as a Member of the Planning Committee.  He suggested that although the Council’s protocol was clear about keeping an open mind on planning decisions, all Members of the Planning Committee may find this helpful.  The Committee supported this and added that there should be a specific requirement for a Member who has spoken as a local Member to leave the Planning Committee area.

Question 8

            A discussion took place and Members did not consider that the requirement for a Member who had submitted an application should be precluded from the site visit in the proposed National Planning Protocol.

Question 17

                        No further comments were received on the questions contained in the report.

                        In summary, it was agreed that the following comments be made to the Planning Strategy Group for consideration in forming a single response to Welsh Government on the proposed Draft National Planning Protocol:

1. No comments on the need for a National Planning Protocol
2. Dispensations should be included in the National Planning Protocol
3. If a Member submitted a planning application, contact should be made with the Monitoring Officer
4. Members to be clear as to whether they were speaking as a Member of the Planning Committee or as a local Member and if speaking as local Member a specific requirement to leave the Planning Committee area after they have spoken
5. The Committee did not consider that the requirement for a Member who had submitted an application should be precluded from the site visit

            RESOLVED:

That the following comments be submitted to the Planning Strategy Group for consideration in forming a single response to Welsh Government on the proposed Draft National Planning Protocol:

1. No comments on the need for a National Planning Protocol
2. Dispensations should be included in the National Planning Protocol
3. If a Member submitted a planning application, contact should be made with the Monitoring Officer
4. Members to be clear as to whether they were speaking as a Member of the Planning Committee or as a local Member and if speaking as local Member a specific requirement to leave the Planning Committee area after they have spoken
5. The Committee did not consider that the requirement for a Member who had submitted an application should be precluded from the site visit