Contact: Helen Hardinge Email: helen.hardinge@westsuffolk.gov.uk
Note: Applicant no longer employed by the Authority - can therefore be determined under delegated powers
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Agenda Notes - Version for Publication
DEVELOPMENT CONTROL COMMITTEE: AGENDA NOTES
Subject to the provisions of the Local Government (Access to Information) Act 1985, all the files itemised in this Schedule, together with the consultation replies, documents and letters referred to (which form the background papers) are available for public inspection.
All applications and other matters have been considered having regard to the Human Rights Act 1998 and the rights which it guarantees.
Material Planning Considerations
1. It must be noted that when considering planning applications (and related matters) only relevant planning considerations can be taken into account. Councillors and their Officers must adhere to this important principle which is set out in legislation and Central Government Guidance.
2. Material Planning Considerations include:
3. The following are not Material Planning Considerationsand such matters must not be taken into account when determining planning applications and related matters:
4. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that an application for planning permission must be determined in accordance with the Development Plan (see table above) unless material planning considerations indicate otherwise.
5. A key role of the planning system is to enable the provision of homes, buildings and jobs in a way that is consistent with the principles of sustainable development. It needs to be positive in promoting competition while being protective towards the environment and amenity. The policies that underpin the planning system both nationally and locally seek to balance these aims.
Documentation Received after the Distribution of Committee Papers
Any papers, including plans and photographs, received relating to items on this Development Control Committee agenda, but which are received after the agenda has been circulated will be subject to the following arrangements:
(a) Officers will prepare a single Committee Update Report summarising all representations that have been received up to 5pm on the Thursday before each Committee meeting. This report will identify each application and what representations, if any, have been received in the same way as representations are reported within the Committee report;
(b) the Update Report will be sent out to Members by first class post and electronically by noon on the Friday before the Committee meeting and will be placed on the website next to the Committee report.
Any late representations received after 5pm on the Thursday before the Committee meeting will not be distributed but will be reported orally by officers at the meeting.
Public Speaking
Members of the public have the right to speak at the Development Control Committee, subject to certain restrictions. Further information is available on the Councils’ websites.
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Decision Making Protocol - Version for Publication
DEVELOPMENT CONTROL COMMITTEE: DECISION MAKING PROTOCOL
Decision Making Protocol This protocol sets out our normal practice for decision making on development control applications at Development Control Committee. It covers those circumstances where the officer recommendation for approval or refusal is to be deferred, altered or overturned. The protocol is based on the desirability of clarity and consistency in decision making and of minimising financial and reputational risk, and requires decisions to be based on material planning considerations and that conditions meet the tests of Circular 11/95: "The Use of Conditions in Planning Permissions." This protocol recognises and accepts that, on occasions, it may be advisable or necessary to defer determination of an application or for a recommendation to be amended and consequently for conditions or refusal reasons to be added, deleted or altered in any one of the circumstances below. · Where an application is to be deferred, to facilitate further information or negotiation or at an applicant's request.
· Where a recommendation is to be altered as the result of consultation or negotiation:
o The presenting Officer will clearly state the condition and its reason or the refusal reason to be added/deleted/altered, together with the material planning basis for that change.
o In making any proposal to accept the Officer recommendation, a Member will clearly state whether the amended recommendation is proposed as stated, or whether the original recommendation in the agenda papers is proposed.
· Where a Member wishes to alter a recommendation:
o In making a proposal, the Member will clearly state the condition and its reason or the refusal reason to be added/deleted/altered, together with the material planning basis for that change.
o In the interest of clarity and accuracy and for the minutes, the presenting officer will restate the amendment before the final vote is taken.
o Members can choose to;
§ delegate the detailed wording and reason to the Assistant Director (Planning and Regulatory);
§ delegate the detailed wording and reason to the Assistant Director (Planning and Regulatory) following consultation with the Chair and Vice Chair(s) of Development Control Committee.
o A final decision on the application will be deferred to allow associated risks to be clarified and conditions/refusal reasons to be properly drafted.
o An additional officer report will be prepared and presented to the next Development Control Committee detailing the likely policy, financial and reputational etc risks resultant from overturning a recommendation, and also setting out the likely conditions (with reasons) or refusal reasons. This report should follow the Council’s standard risk assessment practice and content.
o In making a decision to overturn a recommendation, Members will clearly state the material planning reason(s) why an alternative decision is being made, and which will be minuted for clarity.
Notes
Members/Officers should have proper regard to probity considerations and relevant codes of conduct and best practice when considering and determining applications.
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Agenda
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Procedural Matters
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Part 1 - Public |
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Apologies for Absence |
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Substitutes Any Member who is substituting for another Member should so indicate together with the name of the relevant absent Member. |
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To confirm the minutes of the meeting held on 7 December 2017 (copy attached). |
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Planning Application DC/17/2200/HH - Welham Cottage, Ingham Road, Culford PDF 137 KB Report No: DEV/SE/18/001
Householder Planning Application - (i) Conversion of timber framed garage/workshop and first floor office into a residential annexe ancillary to the main dwelling (ii) including addition of pitched roof to rear and porch to front elevation Additional documents: |