TOR – Planning & Licencing Committee

Terms of Reference 2024/25 Planning & Licencing Committee (P&L)

(A pdf copy of this policy is available for download here.)

Introduction 

St Stephen in Brannel Parish Council appoints Committees to carry out specific duties on its behalf. All Committees must comply with the Council’s Standing Orders and Financial Regulations.

This document sets out the remit, powers, and procedures for thePlanning & Licencing Committee (P&L).

Committee Overview

Remit:                        To consider and make formal responses on all planning and licensing applications, consultations, and related matters referred to the Parish Council, ensuring responses reflect material planning considerations, relevant legislation, and the interests of the local community.

Composition:             Seven (7) Elected members (Voting)

Two (2) Substitute members (Voting)

Note: All Councillors not elected to the Planning & Licencing Committee may attend public sessions and participate in the meeting but have no voting rights.

Quorum:                    Four (4) members

Chairmanship:          Chairman and Vice-Chairman to be elected by the members at the first committee meeting held in each Council year.

Meetings:                   12 times a year (Monthly).  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:                       6.30pm

Venue:                       The Brannel Room, 22 Fore Street, St Stephen, PL26 7NN

Reports to:                 Full Council.

Administration:         Parish Council Office

Term of  Appointment:            1 year


Legal & Governance Framework

The Committee operates under the following legislation and policy documents (non-exhaustive):

  • Levelling-up and Regeneration Act 2023Data 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 Public Life 1995
  • Planning & Compensation Act 1991
  • Town and Country Planning Act 1990
  • Local Government Act 1972
  • Public Bodies (Admissions to meetings) Act 1960
  • Relevant case law
  • National Planning Policy Framework and associated supplementary documents
  • Cornwall Local Plan and associated documents
  • St Stephen in Brannel Parish Neighbourhood Development Plan 2023 – 2030

 

Terms of Reference including delegated duties and responsibilities

  1. Planning & Licencing Applications

 

  • Responds to the Local Planning Authority on planning and licensing 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.

 

  • Appoint three (3) Councillors to the 5-day protocol panel at the first committee meeting held in each Council year.

 

  • Following the Parish Council Planning Protocol Policy.

 

  • Responding to planning related consultations as and when deemed necessary.

 

  1. Site Visits, Appeals and External Engagement

 

  • 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.

 

  1. Enforcement

 

  • Reporting any alleged breaches of planning control to the relevant Cornwall Council enforcement department.

 

  1. Governance & Administration

 

  • Responding to planning related correspondence, including road closure notifications, as and when deemed necessary.
  • To appoint, and consider recommendations and/or advice from, sub-committees and/or working parties under the control of the Planning and Licencing Committee.

 

  • To consider and submit to the Finance & Policy 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.

 

  • To make recommendations to Council on any matters not covered by delegation.

 

  1. Infrastructure & Community Infrastructure Levy

 

  • Consideration of requests for any minor highway matters to be put forward to the China Clay Area & Luxulyan Community Area Partnership Highway Scheme.

 

  • Liaising with applicants or their agent to ensure the Parish benefits from community payments including Community Infrastructure Levy (CIL) and s106 contributions.

 

Note: Any resolution made outside these Terms of Reference may be considered ultra vires and open to challenge in a Court of Law.