Minutes:
ML stated that Central Government are looking at bringing forward a National Scheme of Delegation which is currently out for consultation which closes on 23 July. He explained that the proposal is made up of two tiers, Tier A, which would all be delegated to officers and there would be no mechanism to move them up to committee. ML stated that historically these would be quite minor applications and would include schemes of 9 and below dwellings, predominantly non majors with the odd variant.
ML explained that Tier B is going to be for all other applications, and these will be delegated to officers unless the Chief Planning Officer and the Planning Committee Chairman agree that the application should go before the committee. He added that in theory there should be no applications which have to go before the Planning Committee once the National Scheme of Delegation is introduced.
ML added that an employee of the council or an elected member of the Council who submitted an application would fall into Tier B but generally it is large scale major applications. He added that part of the consultation is around the introduction of a mid-category to go alongside minors and majors for housing developments and the Government are consulting on whether that needs to be Tier A or Tier B if that is introduced.ML explained that the council will be submitting a consultation response and he encouraged members of the forum to do so.
DW asked for clarity as to whether 9 units and below would fall under Tier A. ML confirmed that is correct.
DW stated that Tier B appears to have no restrictions on the numbers of units.ML stated that at the moment Government is suggesting a medium level and Tier B is for larger schemes.
DW asked whether major schemes will also go through the process where they could be delegated.ML explained that there is nothing that will have to go automatically to planning committee and it would be a decision for the Head of Planning and the Chairman of the committee to agree whether an item should go before the committee.
ML added that a number of the applications which currently go to planning committee would fall under Tier A and would have no ability to go to committee under the suggested scheme of delegation.
CC asked whether there was any indication as to when the changes maybe implemented.ML stated that he thinks it will be within 12 months.
MC questioned whether he could request that an application be determined by the committee rather than under delegated powers. ML stated that would not be possible. He explained that if the new regime is introduced it will significantly change the planning landscape in relation to planning committees He added that at the moment the percentage of planning applications across the country which are delegated is 96% and in 2024 Fenland was in the bottom 5 authorities for level of delegation. He added that as a result of that it is not going to have an impact on many authorities. ML explained that if an application is refused there will be a right of appeal.
DW stated that he has concerns that officers could be led by a consultee opinion and in his view it is unfair because then officers will follow a consultees advice for refusal and then the procedure of appeal will need to be followed which in turn will slow the system down.ML stated that he would advise DW to submit his concerns to the Governments consultation.
JT asked for clarity of the middle tier being 49 dwellings and ML confirmed that is correct.
DL stated that there is an obligation to go out to Statutory Consultees such as Highways and the Environment Agency. DL made the point that she appreciates the views of Agents and Developers, but it is difficult for Planning Officers to challenge the professional opinion of those outside bodies.
DB questioned what happens when non statutory consultees are consulted, and they object. He added that the local planning authority are the decision makers whether that be officers, members and at appeal it would be the Inspector. He added that taking into consideration consultation responses is a key part of the decision-making process and those responses need to be given the appropriate weight. ML added that he is not aware of any authority who have automatically just taken a consultation response and included it as a reason for refusal.
ML added that officers do take responses into account such as site history, planning merit and other material considerations however many responses are from specialists in their own field and their responses cannot be ignored.