Agenda item

Report by the Solicitor to the Council and Director for Environment & Economy (PN13).

Further provisions of the Commons Act 2006 have recently been brought into force, which are expected to result in an increase in routine applications under the Act. Officers are of the view that all routine or uncontroversial decisions under the Act can be made at officer level, with those that are controversial, of strong local or County interest or which require an exercise of judgment still being reported to the Committee. It is therefore considered that a delegation to the Director for Environment & Economy to determine various types of applications under the 2006 Act should be made, subject to the conditions and procedures set out in the report.

The Committee is RECOMMENDED to delegate to the Director for Environment & Economy the power to determine applications under the Commons Act 2006 as follows and subject to the stated conditions:-

a)           the power to grant any application or proposal;

b)           the power to refuse any application or proposal;

c)           the power to accept or reject any purported withdrawal of application, proposal or objection;

d)           the power to accept or reject an amendment to any application or proposal;

e)           the power to implement any decision of a Court or the Planning Inspectorate without need for further reference to the Committee;

f)            the power to accept or reject any repeated or materially identical application or proposal; and

g)           the power to grant or refuse in part any application or proposal.

In all cases, the exercise of these delegated powers by officers will be subject to such of the following conditions that apply to the determination in question:-

a)           there have been no objections to the application or proposal or all such objections have been withdrawn by the objector;

b)           officers are satisfied that all relevant legal requirements are met (to the standard of the balance of probabilities);

c)           legal advice is taken from the County Solicitor where necessary;

d)           the Chairman of the Committee on his/her own initiative or if requested by any Member may ‘call in’ any application or proposal to be determined by the Committee;

e)            officers may refer any application or proposal to the Committee where, although they are empowered to determine it under delegated powers, they consider that the decision is controversial or there is otherwise good reason for the Committee to consider and determine it; and

f)             there is no other relevant decision-making body (e.g the Planning Inspectorate) to whom the decision must (or may where officers consider it necessary or appropriate) be referred for determination.

Further provisions of the Commons Act 2006 have recently been brought into force, which are expected to result in an increase in routine applications under the Act. Officers are of the view that all routine or uncontroversial decisions under the Act can be made at officer level, with those that are controversial, of strong local or County interest or which require an exercise of judgment still being reported to the Committee. The Committee considered a report seeking approval to a delegation to the Director for Environment & Economy to determine various types of applications under the 2006 Act, subject to the conditions and procedures set out in the report.

Councillor Phillips asked that councillors be advised of the applications determined by officers and was advised that a process would be put in place. She commented that she would wish to see information across the County and not just for her own area.

Councillor Bartholomew commented that he would wish members to be able to refer a decision to the Committee for determination.

Councillor Tanner proposed an amendment to condition (d) in the recommendations to allow a number of councillors joining together to call in a decision for determination by the Committee. There was support for this amendment and it was agreed that 5 councillors was an appropriate number.

Councillor Purse stressed the importance of local members knowing about this and added that where people made comments is was important that they received a response.

RESOLVED:           to delegate to the Director for Environment & Economy the power to determine applications under the Commons Act 2006 as follows and subject to the stated conditions:-

a)              the power to grant any application or proposal;

b)              the power to refuse any application or proposal;

c)              the power to accept or reject any purported withdrawal of application, proposal or objection;

d)              the power to accept or reject an amendment to any application or proposal;

e)              the power to implement any decision of a Court or the Planning Inspectorate without need for further reference to the Committee;

f)                the power to accept or reject any repeated or materially identical application or proposal; and

g)              the power to grant or refuse in part any application or proposal.

In all cases, the exercise of these delegated powers by officers will be subject to such of the following conditions that apply to the determination in question:-

a)              there have been no objections to the application or proposal or all such objections have been withdrawn by the objector;

b)              officers are satisfied that all relevant legal requirements are met (to the standard of the balance of probabilities);

c)               legal advice is taken from the County Solicitor where necessary;

d)              the Chairman of the Committee (on his/her own initiative or if requested by any Member) may or shall if requested by any 5 county councillors ‘call in’ any application or proposal to be determined by the Committee;

e)               officers may refer any application or proposal to the Committee where, although they are empowered to determine it under delegated powers, they consider that the decision is controversial or there is otherwise good reason for the Committee to consider and determine it; and

f)                there is no other relevant decision-making body (e.g the Planning Inspectorate) to whom the decision must (or may where officers consider it necessary or appropriate) be referred for determination.