Agenda item

That subject to the amendments to Table 1 as above the recommended scheme of delegation as detailed in the report be approved to provide officers with a framework to act at the LDP EiP, should the Inspector propose changes to the Plan.

The Chief Officer (Planning, Environment and Economy) introduced the report to seek Member’s views on, and agreement to, a proposed scheme of delegation for officers to act on  behalf of the Council should the Inspector propose changes arising out of the examination of the soundness of any aspect of the LDP during the scheduled  hearing sessions.   The Chief Officer reported that the examination of the LDP was  due to  commence on 8 March 2021.  A pre-hearing meeting had been  held on 12 January and a draft timetable for hearing sessions was expected this week and would be published on the LDP website (link provided within the report).  

The Chief Officer advised that the Council considered that the LDP as submitted to be a sound plan, however, during the hearing the Inspectors may propose changes.  He explained that the purpose of the scheme of delegation was to allow officers to agree, in principle, to the Inspector making changes to the LDP during the hearing sessions in consultation with Members, depending on the nature and scope of the changes proposed.  Changes of a minor typographical or factual nature are proposed to be delegated to the Service Manager Strategy (or in his absence,  or inability to act, or for operational expediency, exercised by the Team Leader Planning Policy) but more significant changes, such as the deletion of an allocation or introduction of a new site or sites, would require consultation with Members as detailed in the report.  He said that the Planning Inspectorate and the Welsh Government recommended that such a scheme of delegation be agreed to allow for the examination to operate efficiently. 

The Chief Officer drew attention to paragraphs 1.05 and 1.06 in the report and the information in Table 1 which sets out the proposed scheme of delegation.   He  reported that the Planning Strategy Group had considered the proposals in the draft scheme of delegation at a meeting held on 12 November, and following amendment of the scheme had endorsed and recommended it to Council for approval.   He gave reassurance to Members that any changes that emanated from the examination process (known as ‘Matters Arising Changes’) would be collated into a document and subject to a separate 6-week public consultation process when the hearing sessions were completed.  He gave an assurance that there would be ample opportunity for Members and the wider public to respond to any proposed changes as part of that formal consultation.  The Chief Officer recommended that the Scheme of Delegation, as set out in Table 1 of the report, be adopted to provide officers with a framework to act at the LDP EiP, should the Inspector propose changes to the Plan.

Councillor Chris Bithell moved the recommendation as set out in the report.  Speaking in support of the recommendation he reiterated that the Plan was sound as it stood.  He referred to the proposals and arrangements for delegated authority as detailed in Table 1 and advised that the use of the scheme would be as a last resort (as the Council was not seeking any changes) if, for whatever reason, any aspect of the plan or  supporting evidence was found to be not sound by the Inspector.  He also said that the Welsh Government had no fundamental issues with the LDP as submitted.

Councillor Mike Peers seconded the recommendation.  Councillor Peers referred to the executive summary of the report and said the  reference to “changes of more significance” in the third paragraph was contrary to the reference to “changes of some significance” in Table 1 and suggested that the wording in Table 1 should be used for accuracy.  He also said that in the same paragraph there was a reference to “seek agreement from Senior Members of the Council” and cross referencing to section 1.05 of the report Councillor Peers said the Welsh Government response had referred to a senior member group which he understood to mean the Planning Strategy Group. 

Councillor Peers reiterated the assurance given to Members that the Inspector was seeking an agreement in principle and that the agreement would not disenfranchise local members for the community due to changes being published as ‘Matters Arising Changes’ which would allow comments to be made during the consultation period.  Referring to Table 1 and the proposed delegated authority for the category ‘Changes of Some Significance’, Councillor Peers said that Local Members would be notified of any significant changes for information purposes and in the category ‘Fundamental Changes’, local members would be notified of any fundamental changes for information purposes.   He proposed that the wording be amended to include that any relevant information provided by the local member be considered.  Councillor Chris Bithell agreed to the proposed amendment which then formed the substantive motion for debate.

Councillor Tony Sharps referred to a question that he had raised during previous consideration of the LDP concerning the future of County Hall and said in response to the answer he had received he had voted against the LDP at Council.  He expressed a number of concerns around the consequences of the introduction of the proposed scheme of  delegated powers and a move away from Member control. 

The Chief Executive spoke in support of the amendment by Councillor Peers and suggested that it could be made more precise so that local members be informed and consulted and their views taken into account in respect of changes of significance and fundamental changes.

Councillor Chris Dolphin said he felt that local members should definitely be involved in any changes of some significance and also any fundamental changes.  He suggested that the amendment be strengthened to state that a local member must be consulted upon and be part of the final decision-making process.  

The Chief Officer (Governance) provided further clarification in response to the concerns raised by Members on the matter of consultation with local members and adjacent ward members whose ward was affected by a proposal. 

Councillor Chris Dolphin proposed a further amendment and said that the local member should be part of the proposed delegated authority and this should be added to the amendment proposed by Councillor Peers.  The Chief Officer advised that for legal reason delegation had to be made either to a Committee or to an Officer in consultation with Members.  He referred to the proposal in Table 1 that authority was delegated to the Service Manager Strategy in full consultation.

Responding to the comments made by Councillor Tony Sharps concerning County Hall the Chief Officer (Planning, Environment & Economy) said that, in the main, the County Hall site was inside the settlement boundary of  Mold, however, it was not yet ready as a site for residential or commercial development and work was ongoing concerning this.  The Chief Executive said the County Hall site was in ownership of the Council and that the Council would determine its future use.

The Chief Officer (Planning, Environment and Economy) confirmed that following the views expressed by Members the proposed delegated authority in Table 1 of the report for the category Changes of Some Significance would be amended in part to read: “Local Members and adjacent ward members   would be consulted on any significant changes and their views taken into account”.  He also confirmed that the proposed delegated authority in Table 1  for the category Fundamental Changes would be amended in part to read “Local Members and adjacent ward members   would be consulted on any fundamental changes and their views taken into account”.  The Chief Officer said he fully supported the amendment. 

The recommendation in the report, as amended, had been moved by Councillor Chris Bithell  and seconded by Councillor Mike Peers and when put to the vote was carried.

Councillor Tony Sharps voted against the recommendation. 

Councillors Dennis Hutchinson,  Colin Legg, and David Williams abstained from the vote.

RESOLVED:

That subject to the amendments to Table 1 as above the recommended scheme of delegation as detailed in the report be approved to provide officers with a framework to act at the LDP EiP, should the Inspector propose changes to the Plan.