Public speaking at committee

Public Speaking at Plans and Regulatory Committee meetings

1. Why public speaking at committee is welcomed.

The Council supports wide public involvement in the planning process and believes that people may be able to make their views known more effectively if they are not limited to making comments in writing. For those applications or planning enforcement matters considered at Committee meetings, public speaking allows those involved in the planning process a chance to “have their say”.

2. Will I be informed of my rights to speak?

If you are consulted or notified of a proposed development by the Council the letter will make reference to those who may have a right to speak and indicate what is needed to confirm a wish to speak. If you are not notified you can still request to speak as if you were notified.

3. Is everyone allowed to speak?

Unfortunately this is not possible and a request to speak will not necessarily be agreed by the Council. “Speaking” will be allowed only if the application or planning enforcement matter is one which is reported to a meeting of the Plans Committee on the basis that is inappropriate for a decision at officer level. Many types of planning applications can be decided without reference to Committee. (Currently approximately 95% of applications are determined without reference to a committee.) Full details of the delegation arrangements are set out in the Council’s Constitution.

4. What happens when an application is determined by an officer under the Council’s delegated procedures?

Where a decision on an application is made by an officer in accordance with the delegated powers procedure, a letter will be sent confirming that the decision has been made under the delegation scheme and therefore there is no right to speak.

5. Who can speak?

On a Planning Application that is to be reported to a meeting of the Plans Committee,
(i) An objector, where:
• (a) the objector has made a written comment on the application setting out the reasons for objection;
• (b) the grounds of objection raise material planning considerations; and
• (c) the objector has given written notice of a wish to speak;
(ii) An applicant (or agent appointed to act on his/her behalf);
(iii) An authorised representative of the Town/Parish Council or Meeting supporting the view of that Town/Parish Council or Meeting on a planning application.

Where a request to speak has been received in order to support an objection, the applicant (or agent) will be informed and given an opportunity to register to speak. This will be the case whether or not they have already made a request to speak.

On an Enforcement Item that is to be reported to a meeting of the Plans Committee, whether or not there is also an associated application on the agenda,
(i) Any person who has lodged a complaint in respect of the unauthorised development
(ii), The developer (or agent appointed to act on his/her behalf);
(iii) An authorised representative of a Town/Parish Council or Meeting which has lodged a complaint in respect of the unauthorised development, in support of that complaint.

Where there are different applications or enforcement items relating to the same development, there will only be one opportunity to speak and that will be to the first appearing item.

Ward members may exercise the right to address a Plans Committee or the Regulatory Committee on planning, other applications or enforcement issues in their wards according to Council Procedure Rule 36(iv).

6. How do I inform the Council that I wish to speak on an application?

You must give written notice of your wish to speak on a planning application and this must be received by the Development Control service within the period allowed for the receipt of observations or not later than 7 working days before the date of the Committee meeting, whichever is the later. You may do this on any letter/e-mail where you comment on an application, but please make it very clear at the start of your comments, otherwise we may miss your request. (Please note letters are no longer acknowledged, however, any written comments received on an application will be published on our website through Planning Explorer

Any request received outside the time allowed will not normally be considered. Where a “late” letter containing a request to speak raises a new and significant material planning consideration, the Committee will be informed of this and may be asked to defer a decision so that the normal procedure for speaking can be followed.

7. How do I inform the Council that I wish to speak on an enforcement item?

You are not required to request to speak when you complain about a development which is being carried out without planning permission or where it is being carried out contrary to a planning permission (and no application has been received to regularise the matter) since the council will write to the developer and anyone who has written complaining about an enforcement item if it is to be considered by a committee. Please note complaints are only considered by a committee of the council where a breach of planning control has been established and negotiations with the developer can not resolve the matter.

8. What happens after I inform the Council of my wish to speak?

At least 7 days before the day the matter will be reported to a committee meeting we will send a letter to all those people identified above seeking confirmation that the person in question will speak. Where there is more than one objector who has made a request to speak or where there is more than one complainant, a list of all those who have made objections/complaints will be sent to the objectors/complainants. It is the responsibility of all the objectors/complainants to appoint a representative to speak on their behalf.

Anyone wishing to speak will need to confirm his or her intention by contacting the Development Control Team by one of the following methods to be received not later than 48 hours before the scheduled commencement of the meeting and in the case of objectors, they will need to confirm who will act as spokesperson on their behalf. If there has been no confirmation, or confirmation has not been received in time, the speaking oppertunity will normally be denied, other than in exceptional circumstances.

Post
Development Directorate
Development Control
Charnwood Borough Council
Southfields
Loughborough
Leicestershire
LE11 2TN

fax 01509 219723
telephone 01509 634737 or 01509 63 4744
e-mail development.control@charnwood.gov.uk
9. The arrangements for Speaking.

The following arrangements apply:

(i) Speakers are allowed a maximum of five minutes (with a reminder given at four minutes) in which to address the Committee. Where there is more than one objector/complainant who has made a request to speak and no agreement can be reached by the objectors/complainants, the time limit of five minutes will be divided equally among the objectors/complainants. This provision also applies where both applicant and agent wish to speak,

(ii) No written submissions or other material will be accepted from speakers at the Committee;

(iii) Only one opportunity to speak is allowed. If a decision on the application is deferred, no further opportunity to speak will be given unless the application is considered to have been the subject of subsequent, significant amendment;
10. The procedure that is followed at Committee

The following procedure will apply at the Committee meeting:

The order of the agenda will be arranged or amended to ensure items with speakers are heard first

(i) The Chair will announce each application in turn;

(ii) A planning officer will present the application or enforcment item;

(iii) The order of speakers will be objector, the applicant (or agent), an authorised representative of the Town/Parish Council or Meeting and finally the Ward Councillor(s) (exercising rights under the Council’sConstitution).

(iv) A planning officer will have the opportunity to respond to the comments made by speakers and any Ward Councillor;

(v) The Committee will then consider the application and ask any questionsof the planning officer and/or legal officer and officers will be allowed to make concluding points, if any;

(vi) The Committee will then vote on any proposition or amendment which is moved and seconded. The decision will be clearly communicated to the Committee and members of the public and press;

(vii) Applications will not be deferred because of the absence of an applicant or objector or other person, who has indicated a wish to speak;
11. Changes to Procedures

These procedures may be changed, where it is considered, or a Plans or Regulatory Committee resolves, that the processing of a particular application requires a different approach.

12. Regulatory Committee

Only a small number of planning applications are considered by Regulatory Committee. This Committee may review the decision of a Plans Committee in accordance with the Council’s Consitution, at the request of councillors. Where an application is referred to Regulatory Committee, anyone who has made a request to speak or complained in accordance with sections 6 or 7 above will be notified and asked whether they wish to speak at the meeting of the Regulatory Committee.
Anyone wishing to speak will need to confirm their intention to speak in accordance with section 8 above and this is to be received at least 48 hours in advance of the scheduled start of the meeting. In the case of objectors/complainants, they will need to confirm who will act as spokesperson or as with the plans committee arrangement the 5 minute time limit will be equally split.
The arrangements for speaking and the procedure at Committee will replicate those for meetings of the Plans Committees.

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