Agenda item

To consider a report by the Head of Legal and Democratic Services on the Panel’s programme of studies.

With the aid of the report by the Head of Legal and Democratic Services (a copy of which is appended in the Minute Book) the Panel was advised of progress on matters that had been previously discussed. Having been informed of the response received from Mr D McCandless regarding the trial of wheelie bin stickers, Councillor I C Bates informed the Panel that stickers had been placed on wheelie bins throughout Hilton, though he did not know how the scheme had been funded.  He suggested that a Member of Hilton Parish Council should be contacted in order to gain an understanding of the benefits of Speedwatch in the village. 

With regard to the study on drainage, it was reported that the Council was continuing to work with Anglian Water to resolve outstanding problems.  Members noted that an assessment of progress by District and County Council and Anglian Water in Yaxley shortly would be undertaken. 

The Chairman informed Members of a suggestion by Godmanchester Residents Against Bearscroft that the Panel should scrutinise the Council’s approach to the proposed development of land at Bearscroft Farm, Godmanchester. A range of matters were proposed for investigation. Councillor C R Hyams also had made as submission on the proposed study. Owing to the fact that a valid current planning application had already been received, advice had been obtained from the Council’s Head of Legal and Democratic Services on whether the Panel could reasonably and legitimately involve itself in this matter at the present time. He stated that the matters raised principally related either to planning issues and the weight that should be accorded to them or to the Council’s procedures. In his view, planning issues should be considered as part of the applicable planning processes and it was for Planning Officers and the Development Management Panel to decide what they considered to be material planning considerations and to determine the weight to be accorded to them. It would not be appropriate for Overview and Scrutiny to be considering these issues or expressing their views on them. With regard to any argument that the Council had not followed due process, then the normal route of challenge was through the Courts, as had happened in other areas. Considering process matters whilst there was still a possibility of judicial challenge, would seem to be premature and although ultimately this was a matter for the Panel, if it was minded to look in to the matter, he considered a more appropriate time to do this would be following the determination of the application and the expiry of any period for legal challenge.

Head of Planning and Housing Strategy reiterated that the determination of the planning application was the responsibility of the Development Management Panel. He advised that the all planning matters relating to Bearscroft Farm would be fully considered in due course. Furthermore, as part of that process, interested parties would have the opportunity to address the Development Management Panel at the appropriate time. Members accepted that they had to be mindful not to pre-empt the Development Management Panel’s decision. In that, light it was decided that this matter should not be pursued at the present time but that it might be revisited if appropriate once the formal determination process had been completed and the period for any legal challenge had expired.