Agenda item

10.1

The Executive Director, Place submitted a report informing Cabinet about the general principles of neighbourhood planning under the Localism Act, explain the role and legal obligations on the Council, and seek Members’ approval for delegated powers to be given to officers, in consultation with the responsible Cabinet Member, to allow the new arrangements to be administered.

10.2

RESOLVED: That Cabinet agrees:-

(a)

that the following neighbourhood planning decisions, as defined in the Neighbourhood Planning (General) Regulations 2012, be delegated to the Head of Planning, or in his/her absence, to the Forward and Area Planning Team Manager, such delegated authority be exercised in consultation with the relevant Cabinet Member responsible for Planning (currently the Cabinet Member for Business, Skills and Development):

a) whether to accept an application for and designate a neighbourhood area or business area;

b) whether to designate an organisation or body as a designated neighbourhood forum;

c) whether an application for a neighbourhood development plan or order is valid and should be accepted;

d) whether to decline or accept for a repeat proposal for a neighbourhood development plan or order; and

e) to appoint an examiner for a Neighbourhood Development Plan or Order;

(b)

that the following neighbourhood planning decisions are to be made by Cabinet:

f) decisions as to what actions to take in response to an examiners report;

g) whether to modify neighbourhood development plans or orders;

h) to submit to Full Council to adopt or make a neighbourhood development plan or order following a successful referendum;

i) a decision that would ordinarily be taken by an officer pursuant to the delegations recommended in this report but where:-

·         any stage of the neighbourhood plan process has resulted in significant public objection and/or it is publicly contentious;

·         neighbourhood planning proposals are considered to be a Key Decision because they significantly affect two or more wards; and

(c)

that responsibility for any other aspects of the executive statutory function relating to Neighbourhood Planning be delegated to the Director of Regeneration and Development Services.

10.3

Reasons for Decision

10.3.1

To enable the Council to meet its duties under the Localism Act 2011, and Neighbourhood Planning (General) Regulations 2012 with respect to Neighbourhood Planning.

10.3.2

To cover all of the procedural steps which are required to allow a Neighbourhood Plan, Neighbourhood Development Order or Community Right to Build Order to progress to adoption by the Council.

10.4

Alternatives Considered and Rejected

10.4.1

The report recommends delegation of all decision making on neighbourhood planning, up to the point of the examination of a neighbourhood plan, to the Head of Planning, or in his/her absence the Forward and Area Planning Team Manager. Each application and submission will be discussed with the relevant Cabinet portfolio and the views of Ward Members, and Local Area Partnership Chair will be taken on board; allowing for contentious applications or issues to be considered at a higher level should this be necessary

10.4.2

Alternative approaches that could be considered are:

(a) Cabinet to always be the decision making body for all decisions about neighbourhood planning: this would have a number of implications:

·         Slower and less responsive timescales for decision making for sometimes relatively minor and uncontentious issues.

·         Increased volume of reports on Cabinet agendas as reports are needed for each of the stages of decision making on neighbourhood planning.

·         Increased costs in terms of officer and Member time in terms of meeting the requirements of the Cabinet process.

(b) Requesting the Leader to delegate all decisions about neighbourhood planning to the appropriate Cabinet Member: the implications of this would be:

·         Increased volume of reports requiring Cabinet Member decision, as reports are needed for each of the stages of decision making on neighbourhood planning.

10.5

Any Interest Declared or Dispensation Granted

None

10.6

Reason for Exemption if Public/Press Excluded During Consideration

None

10.7

Respective Director Responsible for Implementation

Simon Green, Executive Director, Place

10.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Economic and Environmental Wellbeing

10.1

The Executive Director, Place submitted a report informing Cabinet about the general principles of neighbourhood planning under the Localism Act, explain the role and legal obligations on the Council, and seek Members’ approval for delegated powers to be given to officers, in consultation with the responsible Cabinet Member, to allow the new arrangements to be administered.

10.2

RESOLVED: That Cabinet agrees:-

(a)

that the following neighbourhood planning decisions, as defined in the Neighbourhood Planning (General) Regulations 2012, be delegated to the Head of Planning, or in his/her absence, to the Forward and Area Planning Team Manager, such delegated authority be exercised in consultation with the relevant Cabinet Member responsible for Planning (currently the Cabinet Member for Business, Skills and Development):

a) whether to accept an application for and designate a neighbourhood area or business area;

b) whether to designate an organisation or body as a designated neighbourhood forum;

c) whether an application for a neighbourhood development plan or order is valid and should be accepted;

d) whether to decline or accept for a repeat proposal for a neighbourhood development plan or order; and

e) to appoint an examiner for a Neighbourhood Development Plan or Order;

(b)

that the following neighbourhood planning decisions are to be made by Cabinet:

f) decisions as to what actions to take in response to an examiners report;

g) whether to modify neighbourhood development plans or orders;

h) to submit to Full Council to adopt or make a neighbourhood development plan or order following a successful referendum;

i) a decision that would ordinarily be taken by an officer pursuant to the delegations recommended in this report but where:-

·         any stage of the neighbourhood plan process has resulted in significant public objection and/or it is publicly contentious;

·         neighbourhood planning proposals are considered to be a Key Decision because they significantly affect two or more wards; and

(c)

that responsibility for any other aspects of the executive statutory function relating to Neighbourhood Planning be delegated to the Director of Regeneration and Development Services.

10.3

Reasons for Decision

10.3.1

To enable the Council to meet its duties under the Localism Act 2011, and Neighbourhood Planning (General) Regulations 2012 with respect to Neighbourhood Planning.

10.3.2

To cover all of the procedural steps which are required to allow a Neighbourhood Plan, Neighbourhood Development Order or Community Right to Build Order to progress to adoption by the Council.

10.4

Alternatives Considered and Rejected

10.4.1

The report recommends delegation of all decision making on neighbourhood planning, up to the point of the examination of a neighbourhood plan, to the Head of Planning, or in his/her absence the Forward and Area Planning Team Manager. Each application and submission will be discussed with the relevant Cabinet portfolio and the views of Ward Members, and Local Area Partnership Chair will be taken on board; allowing for contentious applications or issues to be considered at a higher level should this be necessary

10.4.2

Alternative approaches that could be considered are:

(a) Cabinet to always be the decision making body for all decisions about neighbourhood planning: this would have a number of implications:

·         Slower and less responsive timescales for decision making for sometimes relatively minor and uncontentious issues.

·         Increased volume of reports on Cabinet agendas as reports are needed for each of the stages of decision making on neighbourhood planning.

·         Increased costs in terms of officer and Member time in terms of meeting the requirements of the Cabinet process.

(b) Requesting the Leader to delegate all decisions about neighbourhood planning to the appropriate Cabinet Member: the implications of this would be:

·         Increased volume of reports requiring Cabinet Member decision, as reports are needed for each of the stages of decision making on neighbourhood planning.