Issue - meetings

To receive a report recommending the Committee and Full Council approve amendments to the Council’s Constitution to reflect recent statutory changes to the planning system, particularly the introduction of a National Scheme of Delegation (NSoD) and revised limits on Planning Committee size. It also highlights the broader context of national planning reform, local peer review recommendations, and Local Government Reorganisation, all of which support improving efficiency, effectiveness, and delivery of growth through planning decisions.

The Committee received a report (a copy of which is appended in the Minute Book) setting out recommendations to approve a variation to Part 3 - Responsibility for Functions of the Council’s Constitution to reflect recent statutory changes to the planning system, particularly the introduction of a National Scheme of Delegation (NSoD) and revised limits on Planning Committee size. It also highlighted the broader context of national planning reform, local peer review recommendations, and Local Government Reorganisation, all of which support improving efficiency, effectiveness, and delivery of growth through planning decisions.

The Head of Planning, Infrastructure and Public Protection introduced the report and invited questions from the Committee.

Councillor S Ferguson addressed the Committee and raised concerns regarding the reduction in elected Member influence over planning decisions, the removal of automatic call-in provisions, the constitutional implications of delegating authority for future amendments to officers, and the proposed reduction in Development Management Committee (DMC) potentially impacting representation of smaller Political Groups. He suggested limiting delegated constitutional changes to amendments that were strictly necessary to comply with statutory guidance and that any discretionary changes to the local scheme of delegation Member referral arrangements or the role of nominated Members or Committee composition or wider planning governance must return to the Corporate Governance Committee and Council for approval. He also asked whether the Council would write to the Minister of State to express concerns about the cumulative reduction in elected Member oversight, the impact on smaller political groups and the need to preserve transparent local democracy democratic accountability within the new national framework.

The Head of Planning, Infrastructure and Public Protection advised that the national scheme was statutory and must be implemented, and that any discretionary changes beyond statutory requirements would follow the Council’s established governance processes. Furthermore, she noted that the proposed DMC size reflected the maximum permitted under national guidance. However, she acknowledged the concerns raised and indicated that further discussions could take place with the Monitoring Officer where required.

In response to questions from the Committee, the Head of Planning, Infrastructure and Public Protection advised that Officers would develop a referrals process with DMC and ensure it had legal oversight and was robust, but whilst being careful of not going beyond what was within scope because that would leave the Council open to challenge by way of judicial review as the referral process in itself was part of the decision-making pathway.

The Committee raised concerns regarding the extent of the delegated authority proposed, the lack of detailed information on specific constitutional amendments, and the potential democratic impacts such as reduced representation and oversight.

A Motion for a recorded vote having succeeded, the Committee considered recommendation 1, to endorse a variation to Part 3 – Responsibility for Functions of the Council’s Constitution to reflect the changes required under the Statutory National Scheme of Delegation of Planning Functions due to come into force on 31st October 2026 (unless amended) to amend the membership of the Development Management Committee to reduce the size  ...  view the full minutes text for item 68