Planning Practice Note:
Public Speaking at Development Control Committee
INTRODUCTION
In certain circumstances the Council allows members of the public and applicants to address its Development Control Committee. The purpose of this Practice Note is to give information on:
· When public speaking is allowed;
· The rules that apply.
BACKGROUND INFORMATION
The vast majority of planning applications are dealt with under delegated powers by the Head of Planning and Building Control see, Delegated Powers. Major and contentious proposals will be discussed in detail by Councillors at Committee meetings.
The legal position
Public speaking at meetings of the LPA is not a legal requirement. However, the practice introduced here in 2002 is now widespread and regarded as good practice, so long as it is properly regulated. Public speaking is an additional and supplementary part of the development control process.
The purpose of public speaking at Committee
The purpose of allowing the public and applicants to address the Development Control Committee is to allow both applicants and potential supporters or objectors from the public to give their views on planning applications to the Committee in person, before a decision is made. In addition Parish Councils can send a representative to speak at the Committee as can the Local Ward Councillor.
The benefits of allowing public speaking at Committee
Allowing public speaking at Committee has a number of benefits:
· Public confidence in the fairness of the development control process is enhanced;
· It may decrease the extent of direct lobbying of Committee members.
· The decision making process is more inclusive.
Representations must be made in the normal way
Public speaking at Committee does not alter the normal arrangements for making representations on planning applications. Anyone who is concerned about a proposal in their area must make representations in writing in the usual way.
Do I have to speak at Committee if I object to an application?
No, all written representations will be reported to the Committee. In most cases people are quite content for the Committee to decide applications on the basis of these written representations.
The venue for the meeting
Meetings of the Development Committee are held at the SBS Stadium every fourth Wednesday commencing at 2.00 pm. Items where the public wish to speak are considered first.
RULES FOR PUBLIC SPEAKING AT DEVELOPMENT CONTROL COMMITTEE
These rules apply to the Development Control Committee only.
To what matters do the rules apply?
The rules apply to applications for planning permission and other consents under the Town and Country Planning Acts appearing on the published agenda and not to any other matters.
Who may speak?
The following are entitled to speak:
- Applicants or their agents;
- South Shropshire residents;
- People with business interests in the District;
- Representatives of Parish or Town Councils or Parish Meetings;
- Local Ward Councillors;
- Any other person with an appropriate interest in the outcome of the application (to be decided by the Chairman of the Committee in advance of the meeting).
On which applications may they speak?
A person may address the Committee on any applications scheduled for consideration:
- When they have made written representations on a planning application;
- When they have notified the Committee clerk;
- When they are the applicant or agent, parish representative or local ward councillor having notified Committee clerk of wish to speak.
How do people know what is on the agenda?
About a week before the meeting the planning section will contact:
- The Parish or Town Council;
- Anyone who made representations on an application scheduled for the meeting (special arrangements will apply in cases of more than 20 representations).
How do I register my interest in speaking?
No later than 12 noon on the Monday before the meeting (4.30pm Friday if the Monday is a Bank Holiday), you should telephone the Committee Officer (Jane Leivers on 01584 813267) to express your interest. You will be asked to give a telephone number so that you can be contacted if:
- More than one person wishes to speak;
- You are the applicant/agent;
- The application is withdrawn.
How many people may speak?
Only one objector and one supporter may address the Committee about any one application. If more than one objector wishes to speak, they will be asked to agree a spokesperson amongst themselves to speak on behalf of them all. (A list of those wishing to speak will be available 45 minutes before the meeting starts). If they cannot agree, the Chairman will choose one person to speak.
Exceptional cases
The Chairman may allow additional speakers to speak if their case is substantially different from the principal speaker's case but is not obliged to do so. The matter is at his absolute discretion.
At what point do speakers address the Committee?
Speakers will address the meeting in sequence of the Agenda with all public speaking items being taken first.
How long may anyone speak for?
Nobody shall speak more than once or for more than 3 minutes as timed by the Chairman. Speakers may make oral comments only. They may within their 3 minutes, ask up to 2 questions. Additionally, with their agreement they be asked up to 2 questions by the Committee Chairman.
NB There is no obligation to answer questions put by the Committee but it may help to clarify outstanding matters the planning officers are unable to answer.
Order of speaking
The order of speaking is as follows:
- The Chairman will introduce the agenda item and invite the planning officer to outline the case. Any speakers will then be called to address the meeting;
- Speakers will usually be asked to address the Committee in the following order:
- Any objector or any supporter;
- The Parish or Town Council or Parish Meeting representative;
- The Local Ward Councillor;
- The applicant/agent;
- Members of the Committee may, with the speaker and chairman's agreement ask up to 2 questions of any speaker;
- The Committee will debate the matter;
- Officers may give further advice;
- Finally, the Chairman will ask all speakers whether there are any matters of fact or omissions that need to be raised.
Written submissions
Speakers may not circulate papers at the meeting. Written submissions must be made to the Head of Planning in the normal way, or circulated to the Committee in advance by the speaker.
What is relevant?
The Development Control Committee can only consider matters that are:
· Relevant to planning;
· Relevant to the application in front of it.
The Committee cannot take into account other matters.
Please remember -
There are laws against defamation. If you say something in public about a person that is not true, you risk legal action being taken against you. When addressing the Committee you should stick to the facts and any opinion you may have concerning them.
Human Rights Act
In the Council's opinion, the public does not have a 'right to a fair hearing' at Development Control Committee meetings under Article 6 of the European Convention of Human Rights. The procedures for public speaking at Committee are permissive and do not arise from any obligation of the Human Rights Act.
Contacts
Committee Officer Jane Leivers
Tel (01584) 813267
e-mail: development.committee@southshropshire.gov.uk
Tel: (01584) 813000 Fax: (01584) 813128
e-mail: planning@southshropshire.gov.uk
Page Subscriptions:
Subscription allows you to track page changes without having to re-visit the page on too frequent a basis. The system will send you an email when a page to which you have subscribed is changed.
Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 22/3/2007.
