Terms of Reference 2026/27

Planning & Licencing Committee (P&L)

 

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, Scheme of Delegation, and any relevant statutory requirements.

 

This document sets out the remit, powers, and procedures for the Planning & 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)

 

Non Members:          All Councillors not appointed to the Planning & Licencing Committee may attend public sessions and at the discretion of the Chairman, may speak on an agenda item,                                                       but shall have no voting rights and shall not count towards the quorum.

 

Quorum:                    Four (4) members Substitute members count towards quorum only when formally substituting for an absent appointed member

 

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 and                                                   scheme of delegation.

 

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):

 

  • Local Government Act 1972
  • Public Bodies (Admission to Meetings) Act 1960
  • Openness of Local Government Bodies Regulations 2014
  • Localism Act 2011
  • Levelling-up and Regeneration Act 2023
  • Town and Country Planning Act 1990
  • Planning and Compulsory Purchase Act 2004
  • Planning Act 2008, where relevant
  • Planning and Compensation Act 1991
  • Planning (Listed Buildings and Conservation Areas) Act 1990
  • Environment Act 2021
  • Natural Environment and Rural Communities Act 2006
  • Conservation of Habitats and Species Regulations 2017
  • Licensing Act 2003
  • Gambling Act 2005, if the Committee considers gambling/licensing consultations
  • Equality Act 2010
  • Data Protection Act 2018 and UK GDPR
  • National Planning Policy Framework and Planning Practice Guidance
  • Cornwall Local Plan and associated development plan documents
  • Cornwall Climate Emergency Development Plan Document
  • Cornwall Minerals Safeguarding Development Plan Document, where relevant
  • St Stephen in Brannel Neighbourhood Development Plan 2023–2030
  • Cornwall Council Local Council Planning Protocol
  • Council Standing Orders, Financial Regulations, Code of Conduct, Scheme of Delegation, Planning Protocol Policy and Pre-application Advice Policy
  • Relevant case law and statutory guidance in force at the time

 

Authority and Delegation

The Committee has delegated authority to consider and determine the Council’s formal responses to planning applications, licensing applications, planning consultations, highway-related consultations and related matters referred to the Parish Council, subject to the Council’s Standing Orders, Financial Regulations, Code of Conduct, Scheme of Delegation and adopted policies.

 

The Committee may authorise expenditure within its delegated budget, provided that such expenditure is within previously approved limits and does not commit the Council to future or unconfirmed budgets.

 

Any matter outside the Committee’s delegated authority, or which would commit the Council to expenditure, policy change, legal agreement or future budget provision beyond approved limits, shall be referred to Full Council or to the appropriate Committee.

 

Terms of Reference including delegated duties and responsibilities

 

  1. Planning Applications & Consultations
  •  Consider and respond to the Local Planning Authority on planning applications referred to the Parish Council.
  • Ensure that responses are based on material planning considerations, local knowledge where relevant to planning matters, adopted planning policy and the interests of the local community.
  • Have regard to the development plan, including the Cornwall Local Plan and St Stephen in Brannel Neighbourhood Development Plan, the National Planning Policy Framework, Planning Practice Guidance and other relevant planning documents.
  • Consider relevant planning matters including, but not limited to:
  • design, scale, layout and appearance;
  • residential amenity;
  • highway safety and access;
  • parking and traffic impacts;
  • landscape and visual impact;
  • heritage assets;
  • biodiversity, trees and green infrastructure;
  • drainage, flooding and climate resilience;
  • local infrastructure impacts;
  • compliance with the Neighbourhood Development Plan.
  • Respond to planning-related consultations as deemed necessary.

 

  1. Pre Application Discussions
  • Participate in Cornwall Council’s Local Council Planning Protocol and any relevant pre-application process adopted by the Council.
  • Encourage and provide opportunities for pre-application planning discussions where this may assist applicants, residents and the Council.
  • Follow the Council’s Pre-application Advice Policy.
  • Ensure that any pre-application comments are informal, without prejudice, and do not hinder the Council’s future consideration of any planning application.
  • Ensure that notes or records of pre-application discussions are kept and shared as required by the Council’s adopted policy and Cornwall Council protocol.
  • Refer requests for formal planning policy advice to Cornwall Council as the Local Planning Authority.

 

  1. Five Day Protocol & Cornwall Council Planning Committee
  • Follow the Cornwall Council Planning Protocol and appoint a representative to attend Cornwall Council planning committee or determination meetings where necessary.
  • Appoint three (3) Councillors to the five-day protocol panel at the first Committee meeting held in each Council year.
  • Authorise the Clerk, in consultation with the Chairman or appointed five-day protocol panel, to submit responses under the five-day protocol where required by Cornwall Council timescales.
  • Ensure that any five-day protocol response reflects the Council’s previous resolved position unless a material change or new information justifies a different response.
  • Report five-day protocol responses to the next available Committee meeting for noting where there has been no change to the original resolution. If there has been a change to the original resolution, the result of the re-consideration will be ratified and recorded in the minutes.

 

  1. Site Visits, Appeals and External Engagement
  • Attend organised site meetings or site visits where considered necessary or useful.
  • Ensure that site visits are for fact-finding only. No formal debate, decision, indication of voting intention or representation on behalf of the Council shall be made during a site visit unless expressly authorised by the Committee.
  • Attend Planning Inspectorate appeal hearings, inquiries or site visits where appropriate.
  • Appoint a representative to speak at appeals, hearings or external meetings where a Council position has been formally resolved.
  • Attend relevant training in line with the Council’s Training and Development Policy and Standing Orders.
  • Attend relevant outside organisation meetings where the matter falls within the Committee’s remit.

 

  1. Enforcement
  • Report alleged breaches of planning control to Cornwall Council’s planning enforcement service where appropriate.
  • Refer residents to Cornwall Council as the Local Planning Authority for planning enforcement matters.
  • Monitor significant enforcement issues within the parish where they have wider planning or community implications.
  • Avoid determining whether a breach has occurred, as this is a matter for Cornwall Council as the enforcement authority.

 

  1. Neighbourhood Planning and Strategic Planning
  • Monitor the implementation of the St Stephen in Brannel Neighbourhood Development Plan.
  • Consider whether the Neighbourhood Development Plan requires review or updating and make recommendations to Full Council.
  • Lead on relevant neighbourhood planning consultations, including any Neighbourhood Priorities Statement work.
  • Consider and make recommendations on strategic planning consultations, including Cornwall Local Plan reviews, planning policy consultations and area-based planning documents.
  • Review relevant objectives in the Council’s Strategic Plan annually and provide an update to Full Council.

 

  1. Infrastructure, CIL and Section 106
  • Identify local infrastructure priorities arising from development and make representations to Cornwall Council where appropriate.
  • Consider requests for minor highway matters to be put forward to the China Clay Area & Luxulyan Community Area Partnership Highway Scheme.
  • Consider and make representations on Community Infrastructure Levy, planning obligations and section 106 matters where relevant to planning applications or strategic infrastructure.
  • Ensure that any request for a planning obligation is related to the development and consistent with statutory and national policy tests.
  • Refer any separate voluntary community benefit offer, legal agreement or funding arrangement to Full Council or the Finance & Policy Committee, as appropriate.
  • Keep any voluntary community benefit discussions separate from the Committee’s formal planning assessment.

 

8, Licencing Applications

 

  • Consider and respond to licensing applications and consultations
  • Submit representations where relevant to the statutory licensing objectives and the interests of the local community.

 

  1. Biodiversity Climate & Environmental Considerations

 

  • Have regard to the Council’s biodiversity duty when considering planning matters.
  • Consider the potential impact of development on biodiversity, habitats, trees, green infrastructure and local environmental quality.
  • Have regard to the Council’s Biodiversity Policy and relevant adopted planning policies.
  • Support opportunities for biodiversity enhancement through planning responses where relevant.
  • Consider climate resilience, sustainable design, drainage, flood risk and environmental impacts where these are material planning considerations.

 

10.Governance and Administration

 

  • Respond to planning-related correspondence, including road closure notifications, as deemed necessary.
  • Appoint and consider recommendations or advice from sub-committees, working parties or advisory groups under the control of the Planning & Licencing Committee, subject to Council approval where required.
  • Consider and submit annual estimates of income and expenditure on continuing services and capital expenditure to the Finance & Policy Committee for the forthcoming year.
  • Review the Committee’s Terms of Reference annually and recommend any amendments to Full Council.
  • Make recommendations to Full Council on any matter 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.