Planning Regulatory
Committee
Composition:
Fifteen Councillors in political balance. Chair appointed by
Council annually.
Cabinet members
should leave the Committee meeting for items directly related to
those which have been previously considered at Cabinet (whether
they attended the Cabinet meeting to consider that
particular item or not).
All
members of the Committee and Councillors attending as substitutes
must:
(a) have undertaken mandatory
training in the relevant law and procedures which relate to the
Committee’s work; and
(b) undertake further
mandatory training, on an ad hoc basis, when there are changes to
procedure or relevant legislation that are deemed significant by
the relevant Chief Officer.
Terms
of Reference:
1.1
To exercise the Council’s functions relating
to town and country planning and development control, highways,
footpaths and other rights of
way.
1.2
To determine applications for planning permission
under the Town and Country Planning Act 1990, Listed Building
Consent, Conservation Area Consent and related matters and any
other planning legislation including granting planning permission
for development already carried out and without compliance with
conditions previously attached
1.3
To decline to determine applications for planning
permission.
1.4
To determine applications for planning permission
made by a local authority, alone or jointly with another person,
including for the Council itself.
1.5
To make determinations, give approvals and agree
other matters relating to the exercise of permitted development
rights, in so far as not delegated to Officers.
1.6
To authorise:
(a)
entering into agreements regulating the development
or use of land;
(b)
issuing certificates of existing or proposed lawful
use or development;
(c)
granting consents for the display of advertisements;
(d)
entry onto land;
(e)
the discontinuance of a use of land;
(f)
service of a Planning Contravention Notice, Breach
of Condition Notice, Building Preservation Notice, Enforcement
Notice, Stop Notice, Demolition Notice, Completion Notice, Repairs
Notice or any other Notice and take any other related action;
and
(g)
applications for injunctions restraining a breach of
planning control.
1.7
To determine applications for Hazardous Substance
Consent and related powers.
1.8
To require proper maintenance of land and
buildings.
1.9
To apply for an injunction in relation to a Listed
Building and/or execute urgent works in respect of Listed Buildings
and buildings in Conservation Areas.
1.10
To exercise powers for the preservation of trees;
relating to the protection of important hedgerows; control of high
hedges; control advertisements and to make Limestone Pavement
Orders.
1.11
To exercise the Council's functions under the
Highways Act 1980, other than the power to grant permissions under
Section 115E and publish Notices under Section 115G of the Highways
Act 1980 for the provision of services, amenities, recreation and refreshment facilities on
pedestrianised areas (which is a function of the Licensing
Committee) including the power to authorise Notices, Orders and
enforcement action, consent to or licence activities or take
action.
1.12
Power to authorise action to deal with public rights
of way, footpaths and bridleways including authorising stopping-up
or diversion of any highway, footpath, bridleway or extinguishing
any public rights of way (including in respect of land held for
planning purposes).
Pre-Application Advice
for Applicants
Level 1
Advice
Level 1 advice
involves a desk-based assessment of proposals. It provides a quicker service but is likely to
only be suitable for proposals that require an ‘in
principle’ answer to the prospects of development.
To apply for Level 1 advice, applicants
will need to submit a
Pre-Application Advice Form PRE-A
(DOC,207KB),together with a site location plan and payment of the
relevant fee. Applicants can choose to
include further supporting information should they
wish.
Level 2
Advice
Level 2 advice
constitutes ‘detailed advice’ and the response will include a site
visit. It will provide a more
comprehensive appraisal of the likelihood of obtaining planning
permission and, where necessary, include suggestions of how to
improve proposed development schemes.
For Level 2 advice, applicants will need to submit a
Pre-Application Advice
Form PRE-A (DOC, 207KB), a location plan, an accurate site survey, an
indicative site layout plan, as specified in the
advice guide (DOCX, 129KB) and payment of the relevant
fee. If chosen, Level Two advice offers
an opportunity for follow-up meetings, after the advice has been
provided, although an additional fee will apply.
Level 3 Councillor Engagement Forum Pre-Planning
Application
The Forum facilitates
the new Level 3 Pre-Application Process for major planning
applications, which commenced on 1 May 2017, and provides
developers with:
1.
A site visit by a Case
Officer;
2.
A written assessment
by the Case Officer, highlighting the findings of the site visit
and the main issues;
3.
An (optional)
follow-up meeting between the developer and the Officer;
4.
Presentation by the
developer to the
Councillor Engagement Forum.
Pre-application advice
is not mandatory and nor does it bind the Council to approve or
refuse a planning application, but developers find it useful to
improve the quality of planning applications and their likelihood
of success.
It sets out the
Council’s opinion, discusses matters of policy, provides
suggestions for improvement (where possible) and a list of all
documents that are required to accompany the planning
application.
The Councillor Engagement Forum is an integral part of
the planning process as it provides Councillors with the opportunity to ask questions
of developers, share local knowledge and contribute practical
suggestions to any possible problems within their proposed planning
application.
By nature the meetings are ad-hoc and typically held
within four weeks of submission by the developer.
Membership of the
Forum is as follows:
·
One representative
from each political group on the Planning Regulatory Committee
(they can send a substitute, but the Substitute must also be a
member of the Planning Regulatory Committee)
·
Relevant Ward
Councillor(s)
·
Parish Council/Civic
Society Representative
·
Developers/Applicants
·
Relevant
Officers