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 has appointed a number of Committees to undertake work for and on behalf of the Council. The Committees will abide by the criteria detailed in the Council’s Standing Orders and Financial Regulations.

This Terms of Reference document sets out the specific responsibilities of the Planning & Licencing Committee and confirms the following:

Remit:                        To consider and make responses to all planning and licencing related matters.

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:                       7.00pm

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 Reference:   Levelling-up and Regeneration Act 2023
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
Relevant case law

Policies:                 National Planning Policy Framework and associated supplementary documents
Cornwall Local Plan and associated documents
St Stephen in Brannel Parish Neighbourhood Development Plan 2023 – 2030
Note: This list is not exhaustive

 

Terms of Reference including delegated matters: 

  • 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.
  • 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 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.
  • 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 support and liaise with the steering group in the production of a neighbourhood development plan.
  • 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.

 

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