Agenda Item No
The Vale of Glamorgan Council
Cabinet Meeting: 15th July, 2009
Report of the Director of Environmental and Economic
Regeneration
Planning Committee Matters: Third Party Involvement at Planning
Committee
Purpose of the Report
1.
To advise the Cabinet in respect of a request received from
Councillor Nic Hodges on behalf of Plaid Cymru, County and
Community Councillors in the Vale of Glamorgan, to allow third
party participation in the Planning Committee process.
Recommendation
1.
That Cabinet consider this report.
Reason for the Recommendation
1.
In order to seek views on the matter of third party participation
at Planning Committee.
Background
2.
Late last year the Chairman of Planning Committee received a
request from Councillor Nic Hodges in his capacity as a member of
the Barry Town Council, to consider allowing Community Councils to
represent themselves at the Planning Committee. The request
included research that had been undertaken by Councillor Hodges
into the situation in other Councils in Wales. (Appendix
A)
Relevant Issues and Options
3.
The research undertaken by Councillor Hodges involved sending
requests to the 21 Councils in Wales (other than the Vale of
Glamorgan) and responses were received from 16 Councils. (It
should be noted that the 3 National Park Authority that are Local
Planning Authorities in their own right were not consulted.
4.
The results indicate that 14 Councils allow some form of third
party representation at the planning committee (two of these being
Community Council only) 2 further respondents allow no third party
involvement and 5 councils failed to respond, although it would
appear that none of these Councils allow third party
involvement.
5.
The research concludes that the Vale of Glamorgan Council should
consider and allow some form of third party involvement at planning
committee in order that the rights of the public in the Vale are
protected.
6.
It is clear that if Community Councils are allowed the right to
address the Committee, other interest groups and if individuals
should also be afforded this right. In the interests of
equity, this right must also be extended to a right of reply from
the planning applicant or their agent. Clearly it is only if
the opportunity to address Committee was afforded to all would such
a process would be seen as inclusive and would involve the general
public in the decision making of the planning committee.
7.
However on closer assessment there are a number of difficulties and
problems which would be encountered in promoting such an
approach.
Difficulties and problems in allowing public speaking
8.
It is clear that the current Committee process could be
significantly lengthened by affording the various parties the
opportunity to speak. Accordingly Committee which currently
starts a 6 pm would be likely to take significantly longer to
complete and it may be necessary to reschedule the Committee during
the working day in order to accommodate the additional time
required.
9.
It is considered that it would be necessary to employ some form of
stewarding of the public and associated controls over the time each
party will be allowed to speak. This will necessitate at
least an additional Committee Clerk to manage the process and at
least one security guard/porter and will substantially increase
costs associated with running the committee.
10. The current Committee
Room 2 is not conducive to the public speaking from the public
gallery and the room will either have to be re-fitted or Planning
Committee would have to move to the main Council chamber.
11. Members would have a
very short period of time to consider and respond to the points
raised verbally by those making representations and the
applicants/agents at the meeting itself and this could consequently
lead to more deferments to assess the issues raised at the
meeting.
12. When allowing third
parties to speak, the Council will have no control over the content
of what is presented and it must be a concern that if
unsubstantiated or untruthful statements are made by either
objectors or applicants, the whole process could be open to
judicial review in the Courts. Furthermore it is not clear
that the process will be seen as fair if an applicant or agent is
unable to get to a meeting when an objector is able to express
their views. This may not be seen as in compliance with
natural justice and may once again lead to deferments and the whole
process being unnecessarily lengthened.
13. There is a fear that
in emotive or difficult cases the planning merits of the matter
being considered will be ignored.
14. There is also a
concern that it could lead to a system where those with the
financial means can pay for the best advocacy in attempt to impact
on the discussion and this in turn may actually disadvantage
complainants or even applicants. Furthermore it has to be
noted that the planning process is a, policy led system where all
views are considered and assessed having regard to the relevant
material considerations. It is important to remember that the
planning process is not a referendum where those who make the most
out of representation or shout the loudest are successful.
15. Contact has been made
at officer level with the three neighbouring Local Planning
Authorities of Cardiff, Rhondda Cynon Taff and Bridgend, who all
operate slightly different versions of third party involvement at
Committee. Officers from RCT expressed most concerns as they
currently have no limits on the number of persons able to speak at
committee either for or against an application. They are
currently looking at tightening their rules because there are
concerns at the quality of decisions being made by the planning
committee. Cardiff and Bridgend are more specific about who
can speak at their meetings, but did express similar concerns to
those rehearsed above. It is worth noting that in the case of
both Councils, committee meetings are held during the working day
due to the additional time required to allow third party
involvement.
16. Finally, it should be
noted that the Council already operate a very generous and
efficient late representation procedure whereby all those with an
interest in proposals can make their views known.
Benefits of the current system
17. In this regard the
current system allows very generous late representations up until
12 pm on the day before committee. This allows officers and
member 24 hours to consider the comments submitted and ensure that
everyone is fully advised before attending the planning
committee. Most late items are presented in a report format
and it is usual for all comments raised to be fully assess and if
necessary addressed at the meeting itself.
18. Community and Town
Councils already have generous consultation allowances and any
comments they make will be accepted up until 12 pm on the day
before Committee, in common with other parties.
19. Community and Town
Councils are also currently invited on to the Conservation Advisory
Group when applications are presented from the areas they represent
and they are able to make further comments through this
process. In addition a recent initiative has been to commence
a Town and Community Council Forum to discuss and consider matters
of mutual interest. This met in the spring and the next
meeting will be held in November.
Resource Implications (Financial and Employment)
20. To allow public
speaking at planning committee will require considerable capitol
expenditure in terms of upgrading faculties to allow this to take
place effectively.
21. It is likely that to
properly manage and control public speaking additional staff will
be required to attend the Committee Meetings and that these
meetings will take considerably longer, thereby requiring a
consideration of holding meetings during the day.
Legal Implications (to Include Human Rights Implications)
22. None arising directly
out of this report.
Crime and Disorder Implications
23. None arising out of
this report.
Equal Opportunities Implications (to include Welsh Language
issues)
24. None arising directly
out of this report.
Corporate/Service Objectives
25. None arising out of
this report.
Policy Framework and Budget
26. This report is a
matter for Executive decision by Cabinet.
Consultation (including Ward Member Consultation)
27. The Head of Legal
Services and the Chairman of Planning Committee.
Relevant Scrutiny Committee
28. Economy and
Environment.
Background Papers
None.
Contact Officer
Marcus Goldsworthy - Operational Manager
Development Control - Tel: 01446 704661.
Officers Consulted
Head of Legal Services - Committee Report
Financial Services
Responsible Officer:
Rob Quick - Director of Environmental and
Economic Regeneration.