Agenda item

To receive the recommendations of the following Committees and, if approved, to adopt those recommendations:

 

(a)        Governance Committee - 19th March 2019

            Review of the Functions, Responsibilities and Constitution of Planning Committees at Horsham District Council

 

            Four members of the public addressed the Committee in respect of the recommendations of the Governance Committee with particular reference to the proposed composition of Planning Committees and the rules in respect of speaking.

 

            Councillor Michael Willett, the Chairman of the Governance Committee, introduced the item giving a brief overview of the research undertaken and the process followed by the Committee in reaching its conclusions.

 

Each of the recommendations was moved in turn by Councillor Willett, seconded by Councillor David Coldwell and debated as follows:

 

Recommendation (i) - That all Members need to be adequately trained and must attend the full programme of mandatory training – only trained members may sit on Planning Committee.

 

Members supported this proposal.

 

Recommendation (ii) - Members can opt out of sitting on Planning Committee if they so choose on an annual basis. If Members do opt out they are still encouraged to attend training.

 

Some concern was expressed regarding the operation and implications of the opt-out.  Other views were that it was innovative and would allow withdrawal from membership of a planning committee rather than being an ‘absent’ Member.

 

Recommendation (iii) - That the scheme of delegation of responsibilities to Committees of the Council be amended as follows:

 

Amend part 3.2.2 Functions of the Planning Committee para c) 5 of Constitution:

 

“Where a Local Ward Member requests it and where an objection is received. Such request to be in writing (to include e-mail) and received by the Head of Development within 35 days of the date of validation for all applications with the exception of clauses i to iv and viii below.”

 

Amend part 3.2.2 Functions of the Planning Committee para c) 6 of Constitution:

 

“Where fifteen or more persons in different households (living within the district or close to the neighbouring authority boundary) or bodies make a written representation (to include email), which discloses a material planning consideration within the consultation period and is inconsistent with the Head of Development’s recommendation with the exception of clauses i to viii below.”

 

Councillors Willett and Councillor Coldwell accepted an amendment to the proposed wording of part 3.2.2 para c) 5 deleting the words: “and where an objection is received”.

 

It was moved by Councillor Paul Clarke and seconded by Councillor Jim Sanson that the proposed wording of part 3.2.2 para c) 6 be amended by the substitution of the word “ten” for “fifteen”.  On being put, the amendment was declared LOST.

 

It was then moved by Councillor Christian Mitchell and seconded by Councillor Toni Bradnum that the proposed wording of part 3.2.2 para c) 6 be amended by the substitution of the word “eight” for “fifteen”.  On being put, the amendment was declared CARRIED.

 

Recommendation (iv) - Site visits are to be undertaken as per the Constitution Part 5c (Planning protocol) para 7 to include – Planning Officers will facilitate a site visit to sites where access is restricted.

 

Members supported this proposal.

 

Recommendation (v) - Officers to devise a suitable code of practice which sets out general rules for Member and Officer communication at the pre-application stage subject to advice from Planning Officers.

 

Members supported this proposal.

 

Recommendation (vi) - That there should be a single Planning Committee comprising 18 Members.

 

It was moved by Councillor Ray Dawe and seconded by Councillor Adrian Lee that this recommendation be amended to read “That the existing two area-based Planning Committees be retained.”  

 

It was then moved and seconded that a recorded vote be taken.  The voting was as follows:

 

FOR THE MOTION: Councillors: John Bailey, Andrew Baldwin, John Blackall, Toni Bradnum, Alan Britten, Karen Burgess, Peter Burgess, Jonathan Chowen, Paul Clarke, Roy Cornell, Christine Costin, Leonard Crosbie, Ray Dawe, Brian Donnelly, Matthew French, Billy Greening, Tony Hogben Nigel Jupp, Lynn Lambert, Adrian Lee, Gordon Lindsay, Tim Lloyd, Paul Marshall, Christian Mitchell, Mike Morgan, Godfrey Newman, Kate Rowbottom, Jim Sanson, David Skipp, Ben Staines, Claire Vickers, Tricia Youtan

 

AGAINST: None

 

ABSTAINED: Councillors: David Coldwell, Brian O’Connell, Michael Willett,

 

ABSENT: Councillors: John Chidlow, Philip Circus, Jonathan Dancer, David Jenkins, Liz Kitchen Josh Murphy, Connor Relleen, Stuart Ritchie, Simon Torn

 

The amendment was therefore declared CARRIED.

 

Recommendation (vii) - That part 4a of the Constitution (Council procedure rules) para19 (Public speaking on agenda items) be amended to allow Parish Council or Neighbourhood Councils to speak for up to 5 minutes instead of 2 minutes on Planning or Licensing applications.

 

Members supported this proposal.

 

Recommendation (viii) - That any changes agreed will be reviewed after 12 months of operation.

 

Members supported this proposal.

 

The substantive motion was therefore RESOLVED as follows:

 

(i)         That all Members need to be adequately trained and must attend the full programme of mandatory training – only trained members may sit on Planning Committee.

 

(ii)        Members can opt out of sitting on a Planning Committee if they so choose on an annual basis. If Members do opt out they are still encouraged to attend training.

 

(iii)       That the scheme of delegation of responsibilities to Committees of the Council be amended as follows:

 

Amend part 3.2.2 Functions of the Planning Committee para c) 5 of Constitution:

 

“Where a Local Ward Member requests it. Such request to be in writing (to include e-mail) and received by the Head of Development within 35 days of the date of validation for all applications with the exception of clauses i to iv and viii below.”

 

Amend part 3.2.2 Functions of the Planning Committee para c) 6 of Constitution:

 

“Where eight or more persons in different households (living within the district or close to the neighbouring authority boundary) or bodies make a written representation (to include email), which discloses a material planning consideration within the consultation period and is inconsistent with the Head of Development’s recommendation with the exception of clauses i to viii below.”

 

(iv)       Site visits are to be undertaken as per the Constitution Part 5c (Planning protocol) para 7 to include – Planning Officers will facilitate a site visit to sites where access is restricted.

 

(v)        Officers to devise a suitable code of practice which sets out general rules for Member and Officer communication at the pre-application stage subject to advice from Planning Officers.

 

(vi)       That the existing two area-based Planning Committees be retained.

 

(vii)      That part 4a of the Constitution (Council procedure rules) para19 (Public speaking on agenda items) be amended to allow Parish Council or Neighbourhood Councils to speak for up to 5 minutes instead of 2 minutes on Planning or Licensing applications.

 

(viii)     That any changes agreed will be reviewed after 12 months of operation

 

(b)       Overview and Scrutiny Committee – 25^th March 2019

            Recommendations in respect of the West Sussex County Council S106 Task and Finish Group

 

            Councillor Leonard Crosbie, the Chairman of the Overview and Scrutiny Committee, introduced the item and moved the recommendations of the Committee.

 

            Councillor Brian O’Connell, who had chaired the Task and Finish Group, seconded the motion and presented the recommendations.

 

            RESOLVED

 

(i)         That the current protocol agreed between West Sussex County Council and Horsham District Council be reviewed and updated as required, as agreed by the West Sussex County Council Team Manager in conjunction with Horsham District Council in accordance with new legislation regarding CIL.

 

(ii)        That the protocol be reviewed by the Business Improvement Working Group on an annual basis.

 

(iii)       That the West Sussex County Council Team Manager be invited to attend the Business Improvement Working Group annually to update members and talk through current procedures employed and review effectiveness.

 

(iv)       That a training seminar be offered to parish clerks and members on the S106 procedure and how to interpret the monthly reports issued to parishes.

 

(v)        That the annual report produced by West Sussex County Council be distributed to all Members and Parish Councils.