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 of the Committee from 16 to 13 Members. On being put to the vote Councillors Claffey, Hodgson-Jones and Martin voted in favour and Councillors Ioannides, Seef and Young voted against it. The motion was, therefore, tied. The Chair used his casting vote in favour, and the motion was, therefore, carried.
The motion for a recorded vote having succeeded, the Committee considered recommendation 2, to endorse the delegated authority as set out in Article 15 of the Constitution for the Monitoring Officer to ensure the Constitution is amended to reflect the changes impacted by the National Scheme of Delegation of Planning Functions. On being put to the vote, Councillor Seeff voted in favour, Councillors Claffey, Ioannides, Martin and Young voted against, and Councillor Hodgson Jones abstained. The motion was therefore declared to be lost.
The motion for a recorded vote having succeeded, the Committee considered recommendation 3, to endorse the recommendation to delegate any future amendments (where necessary) to the Constitution in line with the Planning and Infrastructure Act 2025, and any successor documents to the Head of Planning, Infrastructure and Public protection in consultation with the Council’s Monitoring Officer, Chair of Development Management Committee and Portfolio Holder for Planning. On being put to the vote Councillor Seeff voted in favour and Councillors Claffey, Hodgson-Jones, Ioannides, Martin and Young voted against. The motion was therefore declared to be lost.
The motion for a recorded vote having succeeded, the Committee considered recommendation 4, to note the direction of travel as a result of the National Scheme of Delegation, in combination with the recommendations of the Planning Peer Review, and forthcoming structural change through Local Government Reorganisation; and consider how the Constitution Review Working Group wishes to consider, discuss and bring forward other amendments to the HDC Scheme of Delegation for Planning, and other Constitutional changes relating to Planning matters; in the interests of improving efficiency and effectiveness of decision-making on Planning matters and Planning service delivery. On being put to the vote, Councillor Seeff voted in favour, Councillors Claffey, Ioannides, Martin and Young voted against, and Councillor Hodgson-Jones abstained. The motion was therefore declared to be lost.
Accordingly, it was
RESOLVED
that the Committee endorsed 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 of the committee from 16 to 13 Members.