Minutes:
6.1 The Committee received an addendum report which provided additional information on previous trends in late representations reported to the Planning Applications Sub-Committees between January 2022 and March
2023. The committee was requested to consider whether the planning service should amend current procedures for accepting late representations in advance of Sub-Committee meetings by introducing a deadline for their submission in advance of the start of the meeting. The deadline options for consideration were:
· Option 1 – Deadline at 12.00 on the day of the committee meeting.
· Option 2 – Deadline at 12.00 on the working day prior to the committee meeting.
· Option 3 – Deadline at 12.00 two working days prior to the committee meeting (to align with current public speaking deadline).
6.2 Members held a discussion and noted the following: -
6.2.1 That between January 2022 and March 2023 there were 28 Planning Applications Sub-Committees’ and late representations were tabled at all but from one. There were 296 representations at an average of 10.5 representations per committee. The average length of representation is 2.7 A4 pages.
6.2.2 That Chairs would be required to take a flexible approach to accepting late representations during the first 3 months following introduction of a deadline. This flexibility includes instances where information submitted did not include new material considerations.
6.2.3 That during Bank Holiday periods the submission deadlines for late representations would be moved forward a day and which was the same as put in place for the public speaker’s online registration form.
6.3 The Committee agreed the following: -
6.3.1 Chairs should be given discretions on whether representations received after the deadlines should be considered and be able to determine whether submissions do amount to a ‘new material consideration’. This should be done in consultation with both the presiding officer and legal officer. Members noted that there could be differing views amongst officers and Chairs on what constitutes new material considerations and agreed that the Chair should have the ultimate decision on whether these representations should be accepted. The Committee noted that Chairs already had discretions on whether late speakers can make deputations at their Sub- Committees.
6.3.2 That, while there should be some flexibility in accepting the Reds and to note there should be a strong presumption that unless they included new material considerations, they would be rejected.
6.3.3 That officers should continue to be permitted to table amending memoranda at the Sub-Committee, but that they should be encouraged to adhere to the new deadline where possible.
6.3.4 Chair’s script be updated to include information about late representations are, those which had been received by the Sub-Committee and their contents. The Committee noted that late submissions often contained duplications of information previously circulated to the Sub- Committee.
6.4 After further discussion, Members discussed the various options presented by officers in relation to accepting late representations and unanimously agreed that Option 2 was preferred. That the deadline for submitting late representations will now be set at 12.00noon on the working day prior to the committee meeting.
6.5 The Committee thanked Officers for their report.
RESOLVED
1. That the deadline for late representations should be set at 12.00 on the working day prior to the committee meeting and during Bank Holiday periods the submissions deadline be moved forward a day.
2. That Members receive late representations by email by close of business on the day prior to the Committee meeting.
3. That the introduction of a deadline for late submissions be implemented in late summer/autumn 2023 and be fully publicised on the Council’s website. and It must also be publicised amongst interested parties such as amenity societies, neighbourhood forums and ward Councillors.
Supporting documents: