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MAIDSTONE BOROUGH COUNCIL

PLANNING COMMITTEE

MINUTES OF THE MEETING HELD ON

21 MAY 2009

PRESENT:            Councillors English, Garland, Greer, Harwood, Lusty, Mrs Marshall, Moriarty, Nelson-Gracie, Paine, Paterson, Mrs Ring, Mrs Robertson,

                            Thick and J A Wilson.

ALSO PRESENT: Councillor Sams

APOLOGIES:       Councillor Ash

REFERRED MATTER

1.           AMENDMENT TO PLANNING SCHEME OF DELEGATION

The Committee considered the report of the Development Control Manager concerning the proposed amendment of the Constitution to give Parish Councils the option of having a differing view from the Case Officer on a planning application without necessitating the referral of the application to Committee for determination.  It was noted that:-

·      At present, the Director of Prosperity and Regeneration/ Development Control Manager had delegated powers to undertake all the functions relating to planning and conservation, except where the intended delegated decision on a planning or related application would be contrary, inter alia, to the written view of any Parish Council.

·      Parish Councils had expressed an interest in the option of being able to have a different view from the Case Officer on an application without it having to be reported to the Planning Committee for determination as a result.

·      In addition to giving greater flexibility to Parish Councils, this option was likely to lead to a reduction in the number of applications having to be reported to Committee and a reduction in costs as the average cost of processing an application to Committee for determination was greater than dealing with it under delegated powers.

·      To enable the new option to be implemented, it would be necessary to recommend to the Council that Section 2 headed “Responsibility for Council Functions” of Part 3 of the Constitution be amended by the addition of the words “and the Parish Council has requested that the application is determined by the Planning Committee” to paragraph (b) of the delegation to the Director of Prosperity and Regeneration/Development Control Manager to undertake all the functions relating to planning and conservation, except in certain circumstances.

·      The Parish consultation letter would be amended to reflect the introduction of the new option.

·      The Maidstone Area Committee of the Kent Association of Local Councils had discussed the proposed new arrangements and believed that they would give Parish Councils greater flexibility and encourage dialogue with the Planning Department.

During the discussion, Councillors English and J A Wilson stated that since they were serving Parish Councillors and the Secretary and Chairman of the Maidstone Area Committee of the Kent Association of Local Councils respectively, they would speak but not vote on the proposed new arrangements.

Councillors Harwood and Mrs Marshall also stated that they were serving Parish Councillors.

RECOMMENDED:  That Section 2 headed “Responsibility for Council Functions” of Part 3 of the Constitution be amended by the addition of the words “and the Parish Council has requested that the application is determined by the Planning Committee” to paragraph (b) of the delegation to the Director of Prosperity and Regeneration/Development Control Manager to undertake all the functions relating to planning and conservation, except in certain circumstances, as follows: -

The Director of Prosperity and Regeneration/Development Control Manager have delegated power to undertake all the functions relating to planning and conservation, except where the intended delegated decision on a planning or related application:

(b)   would be contrary to the written view of any Parish Council and the    Parish Council has requested that the application is determined by the Planning Committee.

FURTHER RESOLVED:  That the Standards Committee be requested to evaluate the proposed amendment of the Constitution.

Voting:        10 – For      0 – Against       2 – Abstentions