(A pdf version of this policy is available for download here)
Terms of Reference 2022/23
Planning Committee
Composition: Seven (7) Elected members (Voting), Two (2) Substitute members (Voting)
Quorum: Four (4) members
Chairmanship: Chairman and Vice-Chairman to be elected by committee members at the first committee meeting held in each Council year.
Meetings: 12 times a year. In the event of an item of urgency, an Extra Ordinary meeting can be called in line with legislation and Council’s adopted standing orders.
Timing: 7.00pm (Plans available on Parish Council website prior to meeting)
Venue: The Brannel Room, 22 Fore Street, St Stephen, PL26 7NN
Reports to: Full Council.
Administration: Parish Council Office.
Legal Status: Data Protection Act 2018; General Data Protection Regulations 2018; Adopted Code of Conduct 2012; Adopted Standing Orders; Adopted Financial Regulations; Localism Act 2011; Equalities Act 2010; Planning Act 2008; Planning & Compulsory Purchase Act 2004; Local Government Act 2003; Nolan Principles of Life 1995; Planning & Compensation Act 1991; Town and Country Planning Act 1990; Local Government Act 1972; Public Bodies (Admissions to meetings) Act 1960.
Policies: National Planning Policy Framework and associated supplementary documents; Cornwall Local Plan and associated documents
Note: All Councillors not elected to the Planning Committee may attend public sessions and participate in the meeting but have no voting rights.
Terms of Reference including delegated matters:
- Any matter, within legislation boundaries, not listed as delegated by Full Council.
- Responds to the Local Planning Authority on planning applications after considering relevant legislation, policies, material considerations and local knowledge/views.
- Participating in the Cornwall Local Councils Pre-application Protocol by encouraging and providing opportunities for pre-application planning discussions and advice.
- Following the Cornwall Council Planning Protocol and appointing a representative to attend determination hearing committee meetings when necessary.
- Following the Parish Council Planning Protocol Policy.
- Reporting any alleged breaches of planning control to the relevant Cornwall Council enforcement department.
- Attending organised site meetings as and when the necessity/opportunity arises.
- Attending Planning Inspectorate appeal meetings as and when the necessity/opportunity arises.
- Attending relevant training in line with Standing Orders.
- Attending planning related relevant outside organisation meetings as and when the necessity/opportunity arises.
- Responding to planning related correspondence, including road closure notifications, as and when deemed necessary.
- Responding to planning related consultations as and when deemed necessary.
- Consideration of requests for any minor highway matters to be put forward to the China Clay Community Network Panel Highway Scheme.
- To manage the use of speed indication devices (SIDs) and consider the reports.
- Liaising with applicants or their agent to ensure the Parish benefits from community payments including Community Infrastructure Levy (CIL) and s106 contributions.
- To appoint, and consider recommendations and/or advice from, subcommittees and/or working parties under the control of the Planning Committee.
- To make recommendations to Full Parish Council on any matters not covered by delegation.
- To nominate a Committee member to attend the Planning Partnership group meetings.
- To consider and submit to the Finance & General Purposes Committee annual estimates of income & expenditure on continuing services and/or capital expenditure for the forthcoming year.
- To review strategic plan objectives, on a yearly basis, providing an update to Full Parish Council.
Any resolution made outside these Terms of Reference may be considered ultra vires and open to challenge in a Court of Law.