Agenda item

Report HPR2022/038

The Committee considered a report proposing minor amendments to the scheme of delegation following recent revisions.

The scheme of delegation had recently been significantly revised (at General Purposes and Licensing Committee in April 2022) to make it more effective and concise. Following this update, several minor amendments were required to the powers delegated to the Director of Housing, Planning and Regeneration to ensure that the scheme was as effective as possible and to restore powers that were mistakenly removed in the recent revisions. The requested changes were to restore powers as follows:

-  power to refuse any application:

the previous scheme of delegation included the power to refuse any application (unless subject to call-in).

-  power to determine amendments to major applications for new commercial development and for the provision of twenty-one or more dwellings:

the previous scheme of delegation included the power to determine applications which fall within the definition of major development as above but comprised “other associated buildings, conversions, extensions and change of use, reserved matters, details pursuant, revised plans or amended proposals”.

These elements were included in the previous scheme of delegation and removed accidentally from the revisions and thus did not represent a change from long standing powers held in respect of planning applications.

The Assistant Director for Planning advised that an issue had recently been highlighted in relation to delegated powers which did not apply to applications on a site that was subject to a current enforcement notice. In these circumstances, it was suggested that officers be able to refuse an application. However, if they were minded to permit the application, it would be brought to Committee. A further amendment was therefore proposed:

-  Applications where the property is subject to an enforcement notice or breach of condition notice except where the application is refused.

In response to comments, the Assistant Director for Planning noted that when applications were refused under delegated powers, officers and Ward Councillors sometimes considered differing grounds for refusal. The process allowed for conditional call-in and the proposed changes did not look to undermine Councillors’ ability to call-in or determine applications. However, it would allow unacceptable applications to be refused without needing to be brought to Committee. It was noted that Councillors received a weekly list of applications and the onus was on them to contact officers if they wished to discuss any of concern. In response to a question, the Assistant Director for Planning said it was not a common occurrence for an application to be called-in and then determined by delegated authority, and this had led to the online form for call-ins being devised. It was emphasised that if a Councillor called-in an application, it would flag with officers that there were concerns – dialogues could then take place, and if satisfied, the call-in could be withdrawn. A Member noted that if there were any applications that were particularly sensitive, case officers would contact Ward Councillors. It was highlighted that in Petts Wood Ward there had been good dialogue in relation to individual applications.

A Member enquired how long the process took once the online call-in form was completed. The Assistant Director for Planning advised that the case would definitely be brought to Committee. However, the length of time it would take very much depended on the specifics of the application. On some occasions, officers would be negotiating on various aspects prior to a determination, as this could assist at appeal. It was suggested that the case officer for a specific application could be contacted regarding the anticipated length of time it would take to be brought to Committee.

RESOLVED that the proposed changes to the scheme of delegation be approved.