The report of the City Solicitor is enclosed.

The Committee considered the report of the City Solicitor that described the operation and efficacy of the Planning Protocol. Members noted that the Planning Protocol sets out a duty to promote and maintain high standards of conduct in the discharge of the Council’s duty as local planning authority and it is considered to be effective in doing so.

The Committee was advised that the Planning Protocol is kept under review and amendments will be considered as circumstances may arise. Members were advised of one issue regarding late representations to Planning and Highways Committee that is currently being discussed. The process allows the receipt of late representations prior to a cut off of 4pm, two days prior to the meeting that will consider the application. A supplementary agenda is then issued the day before the meeting that includes late representations and the planning officer responses. It was reported that there have been occasions where late representations are submitted on the morning of the meeting and the lateness and detail of the submission, in some instances have resulted in only a verbal update being given that prevented the planning officer from providing a complete response and detailed advice to the Committee. The short length of time had on occasion resulted in the application being deferred to a later date. The Committee were asked if it had any comments.

A member referred to the importance of committee members having all of the information prior to a meeting that allows them to read and understand the application and the two day cut off for the submission of late representations appeared to be a sensible rule. Officers were asked if the information being presented at such a late stage of the process was due to the circumstances of a particular application or could it be due to an accepted practice that had developed over a period of time.  

The Committee was advised that the planning application process allows opportunities to make submissions and it was unlikely that a very late submission would have a significant impact on the application.

A member referred to the protocol that provides the opportunity during a Planning and Highways Committee for the public to speak for four minutes and ward Councillors to speak to planning applications and made the point that this allowed further late representations to be made. Reference was also made to the use of site visits for lobbying committee members and officers were asked if ward councillors who were not a member of the Planning and Highways Committee and members of the public are allowed to attend a site visit.

The Committee was informed that ward councillors and members of the public could attend a site visit, if it is in a public place. The Chair of the Planning and Highways Committee would use their discretion on the reasons of individuals attending and make it clear that lobbying the committee members is not allowed. The purpose of a site visit is to help provide committee members with additional information and local knowledge of the application site and the surrounding area and not an opportunity to lobby members of the committee. If committee members were being lobbied or pressured, the officers present would discourage this and advise everyone present of the planning procedure. The Committee were advised that members are reminded of the purpose and reasons for the site visit and this is explained to members of the public in attendance.

The Committee endorsed a deadline of 4:00pm two days prior to the meeting of the Planning and Highways Committee for the submission of late representations. 

Decision

To note the report and note the potential amendment to the Planning Protocol.