DEVELOPMENT CONTROL COMMITTEE:
DECISION
MAKING PROTOCOL
The Development Control Committee usually sits once a
month. The meeting is open to the
general public and there are opportunities for members of the
public to speak to the Committee prior to the
debate.
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 set out in the National Planning Policy Framework
(paragraph 206). 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.
-
Where Development Control Committee wishes to
overturn a recommendation and the decision is considered to be
significant in terms of overall impact; harm to the planning policy
framework, having sought advice from the Assistant Director
(Planning and Regulatory) and the Assistant Director (Human
Resources, Legal and Democratic) (or Officers attending Committee
on their behalf);
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.
-
In all other cases, where Development Control
Committee wishes 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.
-
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.
-
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
-
Member Training
-
In order to ensure robust decision-making all
members of Development Control Committee are required to attend
annual Development Control training.
Notes
Planning Services
(Development Control) maintains a catalogue of 'standard
conditions' for use in determining applications and seeks to comply
with the Planning Practice Guidance.
Members/Officers should have proper regard to probity
considerations and relevant codes of conduct and best practice when
considering and determining applications.