TOR – Planning Committee

(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:

  1. Any matter, within legislation boundaries, not listed as delegated by Full Council.
  2. Responds to the Local Planning Authority on planning applications after considering relevant legislation, policies, material considerations and local knowledge/views.
  3. Participating in the Cornwall Local Councils Pre-application Protocol by encouraging and providing opportunities for pre-application planning discussions and advice.
  4. Following the Cornwall Council Planning Protocol and appointing a representative to attend determination hearing committee meetings when necessary.
  5. Following the Parish Council Planning Protocol Policy.
  6. Reporting any alleged breaches of planning control to the relevant Cornwall Council enforcement department.
  7. Attending organised site meetings as and when the necessity/opportunity arises.
  8. Attending Planning Inspectorate appeal meetings as and when the necessity/opportunity arises.
  9. Attending relevant training in line with Standing Orders.
  10. Attending planning related relevant outside organisation meetings as and when the necessity/opportunity arises.
  11. Responding to planning related correspondence, including road closure notifications, as and when deemed necessary.
  12. Responding to planning related consultations as and when deemed necessary.
  13. Consideration of requests for any minor highway matters to be put forward to the China Clay Community Network Panel Highway Scheme.
  14. To manage the use of speed indication devices (SIDs) and consider the reports.
  15. Liaising with applicants or their agent to ensure the Parish benefits from community payments including Community Infrastructure Levy (CIL) and s106 contributions.
  16. To appoint, and consider recommendations and/or advice from, subcommittees and/or working parties under the control of the Planning Committee.
  17. To make recommendations to Full Parish Council on any matters not covered by delegation.
  18. To nominate a Committee member to attend the Planning Partnership group meetings.
  19. 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.
  20. 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.