Agenda item

To adopt a protocol for site visits of the Planning Committee.

The Committee considered a report of the Development Services Manager which set out a proposed protocol for Planning Committee site visits. A copy of the report appears as Appendix ‘B’ to these minutes in the Minute Book.

The Development Services Manager explained that the purpose of site visits was to enable the Planning Committee to familiarise themselves with a site to understand the issues more clearly when considering the planning application. It was noted that site visits should only be proposed in exceptional cases, as detailed in paragraph 3 of the report. The report outlined the timing and procedure for arranging such visits, and the protocol to be followed when the Planning Committee was on site. The Development Services Manager also drew attention to the proposal at paragraph 26, that the Members of the Planning Committee unable to attend the site visit would be unable to vote on the application at the committee meeting.

On the advice of the Senior Solicitor the Committee agreed to amend the wording in paragraphs 5 and 13 of the report so that the references to ‘postpone’ and ‘deferral’ should read ‘adjourn or defer’ in all cases. The Senior Solicitor advised members that whilst there was no legal requirements that supported paragraph 26, this was nevertheless best practice.

The Development Services Manager and the Senior Solicitor responded to questions from the Committee on the following issues:

·           The purpose of the site visit was to establish matters of fact. It was not proposed that any formal debate or decisions be made on the site visit, as this should take place with the public present. The landowner might choose not to allow anyone other than members of the Planning Committee onto the site.

·           Substitute Members could attend the site visit and the committee meeting (i.e. they could substitute for both, not one or the other).

·           There was no legal requirement for Members of the Committee to attend the site visit in order to be able to vote on the application.

·           The protocol set out the proposed conduct of the site visit, including the roles of the planning officer and Ward Councillors.

·           Officers were mindful that the Committee was now considering applications across Bournemouth, Christchurch and Poole, and Members might be more familiar with some areas than others.  Every effort would be made to ensure that the Committee was provided with adequate plans and visual material, so that site visits were only required in exceptional cases.

The Committee discussed the provision in paragraph 26, which required Members of the Committee to attend the site visit in order to vote on the application at committee. Some Members felt that this was too restrictive. They advocated adopting a more pragmatic approach, where Members would be expected to attend the site visit, unless for example they were able to demonstrate that they already had a good knowledge of the site. Other Members felt that the site visit was an integral part of the decision-making process, so that only those Members who had attended should take part in the debate and vote at the committee meeting. The Senior Solicitor explained that matters of fact may be established during the site visit which Members not present would not be party to. This could lead to a subsequent challenge to the decision-making process. It also raised issues of public perception.

A move to delete paragraph 26 from the protocol was not carried.

RESOVLED that the Planning Committee Site Visit Protocol be adopted, with the following amendments:

Paragraphs 5 and 13:  References to ‘postpone’ and ‘deferral’ should read ‘adjourn or defer’ in all cases.

Paragraph 26 to read: ‘…and where Members of the Planning Committee are unable to attend they will be unable to take part in the debate or vote on the application.’

Voting: Unanimous