Planning Applications Committee procedures guidance

This is the procedure for the Planning Applications Committee to ensure that it operates in an efficient, fair and transparent way. It covers:

• The order of business
• Speaking rights at the Committee
• Circulation of material to Committee members
• How the meeting is run
• Notification of the decision

Background

The Planning Applications Committee currently has seven members. Its main purpose is to determine planning applications in accordance with the council's constitution (see 'Terms of Reference of Planning Applications Committee' - Part 3, Section 1, page 61). Not all planning applications are considered by the Committee. Some decisions are delegated to planning officers within the terms set out in the Scheme of Delegation to Officers.

This procedure is to help ensure that applications for planning permission are dealt with legally and honestly and that there is effective public participation in the process.

The Committee is involved in making decisions at the end of the process, which normally begins with the submission of an application for planning permission.

On receiving an application, the council consults neighbouring properties, community groups and statutory bodies. The normal minimum time for consultation is 21 days. In addition, developers are encouraged to consult the local community as widely as possible and it is often useful, especially for large developments, to make a presentation to local groups and adjoining occupiers before submitting their application. It is also recommended that developers meet these people after the responses to consultation have been received.

Anyone wanting to make comments about the application should write to the Planning Officer using the pro-forma with the consultation letters. They can also write a separate letter, email or fax; in these cases the reference number on the original consultation letter sent by the council should be quoted (the number will look like this: 03/01234/FUL/DC_AB).

Committee members will not enter into correspondence or discussion with applicants, their agents or representatives, or with objectors, about the application or applications they are deciding. Where possible, Committee members will make all reasonable efforts to let the officers know of any relevant information passed to them.

Where an application is to be decided by the Planning Applications Committee, those who have written in response to consultation will automatically be invited to attend the committee, as will the applicant. These letters of invitation will also set out the protocol for addressing the committee.

The agenda

The agenda containing the officer reports on the applications is circulated to members of the Committee one week ahead of the meeting. A copy is posted on the Planning Applications Committee page, and placed in each of the council's libraries. You can also obtain a copy from Democratic Services by calling 020 7926 2170.

Requests to speak

Applicants and those who have written in connection with the application will be notified in writing prior to the meeting, advising them that the application is to be considered by the Committee. They will be notified of the date and the name of the officer to contact if they wish to speak at the meeting or require more information.

Important:
Anyone wishing to address the Committee should let the office know in advance by telephoning Democratic Services before 1pm on the Friday before the Committee meeting. The Chair may, at his/her discretion, allow people to address the committee who have not complied with this requirement.

Circulating written material to the committee

Any additional written material, letters or petitions for circulation to members of the Committee should be submitted to Democratic Services by email, fax or original copy two and half working days before the meeting (i.e. by 1.00 pm Thursday if the meeting is on a Tuesday). Photographs and drawings may be submitted at the meeting at the discretion of the Chair.

Site visits

Sometimes site visits are arranged prior to the Committee meeting, or an application might be deferred for a site visit to take place. They normally take place on the Saturday immediately before the Committee which will consider the matter. Site visits allow Committee and Ward Members an opportunity to view the site and its surroundings and to seek information, but not to debate the merits of the application.

Further discussion will occur at the next Committee meeting to consider the matter; if you have responded to the original consultation you will be notified of the date. All interested parties are invited to the site visit. It is important for people to draw the Committee members’ attention to particular aspects of the site or its surroundings which they think are important. Attending members may visit properties of attending objectors.

Members can ask officers questions at the site inspection and seek clarification from them on matters which are relevant to the inspection. Members of the public should not make representations to members on the planning merits of the application. Where members are approached by the applicant or a third party they should be advised to make representations in writing to the authority.

Where a site visit has taken place on the Saturday prior to the Committee meeting any further written material and requests to speak will be accepted up to 1p.m. on the Monday prior to the meeting.

The meeting

Meetings usually take place at 7pm in the Town Hall, Brixton Hill, SW2 1RW.

Note:
If there is a particularly significant application it may be the only item on the agenda and the meeting may take place at a location near the site, to help local people attending the meeting.

The order of business at the meeting is at the discretion of the Chair. For normal meetings, the order will usually be decided according to the amount of interest by members of the public in items on the agenda.

The following criteria are used in ordering the agenda:

1. Applications which are withdrawn or which officers recommend should be deferred
2. Applications which have been deferred from a previous meeting or have been the subject of a site visit
3. Applications regarded as a priority due to the large number of people present, or where applicants or other members of the public have special requirements
4. Applications recommended for approval or refusal for which the applicant or objector wish to speak
5. All other applications.

When the relevant item is reached on the agenda, those requesting to speak will be invited to the microphones at the Committee meeting table. If the application is recommended for approval then objectors speak first with applicants having the right of reply. A total of three minutes is normally given to each category of speaker, but this is at the discretion of the Chair of the Committee who may allow a longer or shorter time according to the circumstances.

If there are several objectors they should either decide on a representative and ensure that all the points are covered or the time will be shared amongst the different speakers.

• After making their three minute submission, members of the public, objectors and applicants can not normally speak again about their original submission, but may only answer specific questions from the committee seeking clarification or information.
• Ward Councillors will be permitted three minutes each. Any variation on this will be at the discretion of the Chair.
• All time limits may be varied at the discretion of the Chair.
• Committee members may ask questions of the objectors and applicants for clarification immediately after they have spoken.
• Once the Committee has heard from officers, objectors and/or applicants, has had answers to its questions and has debated the merits of the proposals, it makes a decision on the application. This usually happens by the Chair or another member of the Committee proposing a motion which has to be seconded.
• The Committee then votes on the proposal and the Chair will confirm the decision.
• A member may propose an amendment to the motion. If it is seconded the amendment will be dealt with before the original motion.
• Every Committee will be attended by the council's legal officer to give advice. Other officers will be invited to attend as appropriate.

The decision

The decision is recorded in the minutes of the meeting. These are usually circulated and made available on this website seven working days after the meeting. Applicants are sent a decision letter by the Planning department shortly after the meeting outlining the decision and any conditions which are attached to the application. In addition a final letter is sent to all those who wrote in connection with the application; this confirms the decision made and any conditions or reasons attached.

Appeals

If an application is refused, the applicant has a right of appeal to the Secretary of State. The applicant may also appeal against any condition imposed on the grant of planning permission. Central government has decided that objectors and other third parties have no right of appeal against the decision.

Details of how to make an appeal and the processes involved as either an appellant or interested party are available from the Planning Inspectorate.

Contact details for the Inspectorate and other useful information are available via the Planning Portal website or from The Planning Inspectorate, 3/20 Hawk Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.

Complaints

Any complaint about the way that the application was dealt with by the council can be made under the council's complaints procedure. Please note that before considering any complaint, the Local Government Ombudsman would normally expect the matter to have been considered first through the council's own complaints system.

Local Government Ombudsman
PO Box 4771
Coventry
CV4 0EH
Tel: 0845 602 1983
Text: 0762 4804323
Email: advice@lgo.org.uk  
Website: www.lgo.org.uk

Contacts

Democratic Services

For information about the meeting, requests to speak, agendas, minutes etc:

Town Hall, Brixton Hill, SW2 1RW
Monday to Friday, 9.00am - 5.00 pm
Tel: 020 7926 0028
Email: cstrallen@lambeth.gov.uk
Democratic Services web pages

Town Planning

For information about the planning application itself:

Town Planning Advice Centre 
Monday to Friday, 9.30am to 4.30pm
Tel: 020 7926 1180
Email: tpac@lambeth.gov.uk
Planning web pages