Development Control and Environmental Protection Committee – Procedure Rules

1. The Public speaking on planning applications shall be permitted in accordance with the rules set down in Annex A. The public speakers on any particular planning application shall be heard after the Chairman has announced the title of the item and before Members of the Committee speak. However, the Chairman may invite the officers to detail any proposed officer amendments first.

2. In the event of the Committee recommending the determination of an application for planning permission contrary to a development plan then the reason for so doing shall be minuted.

3. All correspondence received by Members on current or forthcoming planning applications shall be forwarded to the Planning Services Manager for details to be included in the officers’ report or schedule of late letters before return to Members.

4. Where the Committee is minded to refuse an application contrary to officer recommendation:

(a) the Committee shall specify as fully as possible all grounds for refusal;

(b) the Solicitor in conjunction with the Planning Services Manager shall be asked to consider whether any of the grounds for refusal are lawful and sustainable;

(c) if one or more grounds for refusal are lawful and sustainable the application shall be refused on the grounds stated;

(d) if none of the grounds are considered to be lawful and sustainable, the application shall be referred back to the Committee for determination at the next meeting with a report from the Solicitor.

ANNEX A

RULES FOR PUBLIC SPEAKING ON PLANNING APPLICATIONS

1. Who may speak

Any person who lives or works in the Borough of Shrewsbury and Atcham and an applicant (or their agent) for planning consent. In exceptional circumstances persons living or working just outside the Borough may be permitted (at the discretion of the Committee) to speak on applications within the Borough’s area.

2. Which applications may the public speak on

Any application for consent under the Town and Country Planning legislation when it is considered for determination by the Development Control & Environmental Protection Committee or the Planning Committee. In addition public speaking is allowed on proposed amendments to approved planning applications.

3. Giving notice of intention to speak

Any person wishing to speak on an application must notify the Planning Services Manager, either in writing, by telephone, or in person, no later than 12 noon on the day before the meeting, indicating whether they are an objector or supporter.

Determination of an application will not be held up if any person who had given notice to speak is unable to attend the meeting or is not present when the application is dealt with.

4. Applicant or Agent speaking

The Applicant or Agent will be entitled to speak without registering an intention to do so prior to the meeting. However, the Applicant or Agent will only be entitled to speak in response to the issues raised by the objector.

5. When do speakers address the meeting

Speakers will address the meeting at the time when the application is being considered.

6. Representations from speakers

Speakers may make oral comments only. (However, provisions exist for submitting written comments prior to the meeting.)

Speakers shall not ask any questions or discuss the application with the Members.

Objectors/Supporters/Applicants (or their Agents) shall not ask questions or discuss the application with each other during the meeting.

7. Order of speaking

The Chairman will introduce the application. The Planning Services Manager will update the application if required.

Then the order of speaking will be:

1. Objector plus Parish Council if objecting.

2. Supporter plus Parish Council if supporting.

3. Applicant or Agent.

8. Time limit for speaking

That at meetings of the Development Control and Environmental Protection Committee each speaker will have a maximum of three minutes in which to speak.

That at meetings of the Planning Committee each speaker will have a maximum of five minutes in which to speak.

9. How often may a person speak

A person may speak only once on an application at a particular meeting.

10. If more than one objector wishes to speak

If more than one objector wishes to speak then all objectors wishing to speak will be asked to appoint from their number a spokesperson. Only the spokesperson will be permitted to speak.

If a spokesperson is not appointed then the first objector to have informed the Planning Services Manager of their wish to speak will be the one permitted to address the meeting. In the case of uncertainty or dispute the Chairman will determine who will be permitted to speak.

11. If more than one supporter wishes to speak

If more than one supporter wishes to speak then all supporters wishing to speak will be asked to appoint from their number a spokesperson. Only the spokesperson will be permitted to speak.

If a spokesperson is not appointed then the first supporter to have informed the Plannng Services Manager of their wish to speak will be the one permitted to address the meeting. In the case of uncertainty or dispute the Chairman will determine who will be permitted to speak.

12. Parish Councils

One representative of the Parish Council for the area within which the application site is situated will be entitled to speak as either an objector or as a supporter – in addition to the one objector or supporter referred to in 10 and 11 above.

If a closely adjoining parish to a development proposal indicates a wish to speak in addition to the relevant parish council then one representative of that parish council be so allowed.

13. Debate by Members

Members will debate an application once all speakers have addressed the meeting. At this time any other Member, not on the Committee, may speak on the application. Each Ward and non committee member will be allowed to speak for a maximum of 3 minutes before the debate on the application begins.

Members shall not ask questions or discuss the application with the Objectors/Supporters/
Applicant (or their Agent).

A ward member, who is not on the Committee, and who does not have a prejudicial interest in the matter and who has exercised the right to speak on the application affecting their ward may speak again prior to any summing up on the application by the Chairman and the vote being taken on the application, to clarify any issues that have arisen in the debate. This summing up to be no longer than two minutes.

 

14. Deferral of an application

If an application is deferred to a subsequent meeting of the Committee after representations have been made then the opportunity to speak will arise again.

15. Authority of Chairman

The decision of the Chairman of the meeting in interpreting the above rules and in conducting the process for public speaking on planning applications shall be final.