Committee details

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