PAPER B3

Committee :    DEVELOPMENT CONTROL COMMITTEE

Date :              18 FEBRUARY 2002

Title :              INTRODUCTION OF PUBLIC SPEAKING AT MEETINGS OF THE DEVELOPMENT CONTROL COMMITTEE

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

SUMMARY/PURPOSE

This report is designed to obtain Member support, or re-affirmation of support, for the introduction of public speaking at meetings of the Development Control Committee and to agree the outline of a work programme and broad details of the proposed arrangements which will see the successful introduction of a scheme within a reasonable timescale.

BACKGROUND

Members of the former Planning & Countryside Committee agreed in principle to the introduction of public speaking in connection with the determination of planning applications and other related submissions at a meeting held almost three years ago. For various reasons this project was not given significantly high priority which, combined with the absence of appropriate resources, resulted in a delay in bringing the matter forward for detailed consideration.

In the time which has elapsed since this decision was taken, there has been a significant change in circumstances focussing on the need for increased openess and transparency in the decision making process, combined with the fact that the majority of Unitary Authorities and District Councils with similar planning powers to the IWC have introduced some form of public speaking at the committee delegated to make decisions on planning applications and other related submissions.

Both the Leader and the Chairman of the Development Control Committee have attended meetings of mainland Authorities and seen public speaking taking place. The Vice-Chairman

of the Development Control Committee, accompanied by the West Team Leader (Mr Boulter), are due to visit New Forest District Council next month.

Until quite recently members of the public (or applicants/agents) did not have the opportunity to ask questions or address Members at a meeting of the Development Control Committee. Members will know that in the last nine months, as part of the Modernising Agenda, the Council has introduced a specific agenda item to enable members of the public to ask questions at the meetings, but this does not enable them to make representations or make any facility for cross-examination by Members/Officers.

FINANCIAL IMPLICATIONS

If Members agree to the introduction of an appropriate scheme within a reasonable timescale, there are obviously going to be some financial implications in terms of resources in order to facilitate the development of the actual process, the preparation of relevant material in the form of guidance notes, leaflets etc., and the administration of the process on the day of the meeting.

It may not be possible to achieve this particular objective with existing resources, and although the introduction of the scheme will involve officers employed in Development Control, Support Section and the Committee Services Section, it is highly probable that it will be necessary to make a temporary and/or part-time appointment to assist with the initial work which will be required to establish such an important new procedure. In budgetary terms, it is likely that this could be achieved through revenue received from planning fee income.

OPTIONS

1.        To agree in principle to the introduction of a public participation scheme at the Development Control Committee and support the framework of the new system and the timescale set out in the latter part of this report.

2.        To agree in principle to the introduction of a public participation scheme at the Development Control Committee and support the framework of the new system and the timescale set out in the latter part of this report subject to any amendments required by elected Members.

3.        To not support the introduction of a public participation scheme at the Development Control Committee at this moment in time, but to review the situation at a later date to be determined by elected Members.

CONCLUSIONS

The modern day trends towards openess and transparency through the decision making process , particularly in connection with planning applications and other related submissions, would make it extremely difficult to sustain an argument against the introduction of public speaking at meetings of the Development Control Committee.

The vast majority of Councils within HIPOG (Hampshire & Isle of Wight Planning Officers Group) have now introduced public speaking at their equivalent of our Development Control Committee and, in my view, it is important for IWC to follow suit in order to progress the objective of open government, but also to improve the level of public confidence in the process by seeing that the various parties not only have the opportunity to submit written representations, but also are afforded the opportunity to address Members at the meeting where the decision relevant to the individual will be taken.

I trust that Members will support the introduction of public speaking in accordance with the decision taken by the former Planning & Countryside Committee.

In order to facilitate the introduction of such an important change to the present process followed at this Committee, it is necessary to set out a realistic timetable, always being mindful that the process is likely to be examined in detail at some time in the future by the District Auditor or the Local Government Ombudsman.

How will it work? The fine detailing will have to be developed through discussions between the relevant officers in consultation with the Chairman and the Vice-Chairman of this Committee, but in terms of a broad framework Members are invited to comment on the following suggestions :

•          The public participation scheme shall apply to the Development Control Committee not the Development Control Committee (Site Visits).

•          The applicant/agent, any supporters/objectors and the Parish/Town Council will be given the opportunity to speak.

•          If there is more than one supporter/objector, then the individuals should elect a representative to speak.

•          Where supporters/objectors speak, the applicant/agent shall be given the right to reply.

•          Each speaker will be given a maximum of three minutes; a time limit to be strictly administered by the Chairman.

•          Members will be entitled to ask speakers relevant questions, but not to facilitate extended presentations.

•          Officers will be entitled to make a further brief presentation if they feel that the speakers have made any incorrect or misleading remarks.

•          The matter will then be debated in the normal manner and a decision taken.

Personally, I support the Development Control Committee sitting as an evening meeting as it gives a greater number of people the opportunity to attend and view/listen to the proceedings. However, there is little dispute that the introduction of public speaking will prolong the meeting and consequently I would like to make two further suggestions :

•          At the meeting (5/6) where it is proposed to introduce public speaking, the start time should be brought forward to 4.00pm.

•          In order to increase some degree of certainty as to when individual matters will be considered, those applications where there is to be public speaking will be taken in ‘blocks’ each 30 or 45 minutes, with Members reverting to the remaining items on the Agenda if time permits.

On the assumption that Members will be supporting the introduction of public speaking, I hope that the framework for the arrangements can be agreed as this will be of enormous assistance to those officers responsible for developing the process and its eventual introduction this year.

Contact Point :           Chris Hougham, Development Control Manager ☎ 4565

                                                                                 M J A FISHER

                                              Strategic Director of Corporate and Environment Services