BEAUDESERT AND HENLEY-IN-ARDEN JOINT PARISH COUNCIL

Approved on 16th January 2017

PROTOCOL FOR DEALING WITH APPLICATIONS FOR PLANNING APPROVAL IN RELATION TO THE DEVELOPMENT OF LAND AND/OR PROPERTY WITHIN THE PARISHES OF BEAUDESERT AND HENLEY-IN-ARDEN

1. INTRODUCTION
1.1. Beaudesert and Henley-in-Arden Joint Parish Council (‘Parish Council’) is the elected body representing the local community. One of the most important parts of the Parish Council’s work is to consider and make comments on planning applications. The Parish Council gives views on applications to the local planning authority, but has no powers to grant or refuse planning permission itself. Nevertheless, as a statutory Consultee, the Parish Council has the power to comment on proposals, and the local planning authority has a duty to consider the Parish Council’s views.

1.2. Stratford on Avon District Council (‘SDC’) is bound to consider comments made by the Parish, but is not bound to agree, and its reports on applications will explain the basis for recommendations. However, the Parish Council comments will carry a degree of weight, and for this reason it is important that the Parish Council conducts itself on planning matters in a way which is transparent, accountable, objective and fair. The Paragraphs below sets out how the Parish Council deals with planning applications. Applicants seeking planning permission and those making comments on applications can therefore be aware of the Parish Council’s approach. 1.3. If the Parish Council supports a planning application which SDC are minded to refuse, the application will automatically be referred to the SDC Planning Committee for their consideration. Similarly if the Parish Council objects to an application and SDC supports it, this will also trigger a referral to the SDC Planning Committee. The planners at SDC and the Parish Council Clerk (‘Clerk’) liaise over some of the planning applications submitted to the Parish Council, particularly if the application is controversial or is a development of over five dwellings.

2. PROCEDURE
2.1. On receipt of a copy of an application for planning approval from the Planning Authority, the Clerk shall make a record of the particulars notified to the Council and forward the application via electronic notification to the JPC Planning Councillors. At the date of adoption of this Planning Protocol, the JPC Planning Working Party consists of the following Councillors: David Broadbent, David Tomlinson, Bill Leech and Sally Harfield, who are known as the Planning Councillors. The Chair of the Planning Working Party is David Broadbent. The members of the Planning Working Party can be changed at any time by a resolution passed by the Parish Council. The Parish Council’s web site http://henleyinarden.kinsta.cloud/planning.html also identifies the Planning Councillors.

2.2. In order that it can work efficiently, the Parish Council has given the Clerk delegated powers of authority to deal with planning applications, relating to trees, directly with SDC, and without reference to the Planning Councillors (although the Clerk will liaise with the Planning Councillors when considered necessary).

2.3. Other than applications which are dealt with under the Clerk’s delegated powers which are referred to above, the Clerk will refer the planning application to the Planning Councillors as soon as possible and shall advise them of any previous planning applications known to the Parish Council relating to the application site.

2.4. Any planning application which is not dealt with by the Clerk under her delegated powers shall be dealt with in accordance with the procedure outlined below:

2.5. Any planning application where one or more of the following criteria apply shall be considered a Material Application:

1. A planning application for the development of multiple dwellings; or
2. A planning application for development on or immediately adjacent to the Green Belt; or
3. A planning application in respect of which local residents have complained or objected to
the Parish Council or the Clerk; or
4. A planning application which is considered to be controversial by the Clerk, for whatever reason

2.6. When considering a planning application, all Councillors shall consider, amongst other issues:-
• the nature and extent of the proposed development as revealed by the plans accompanying the application;
• the previous planning history, if any;
• if the application site is within the green belt
• the local Neighbourhood Development Plan
• what impact, if any, the proposed development would have on the adjoining properties and on the immediate neighbourhood;
• whether the proposed development is in character with the adjoining properties and/or the surrounding area;
• whether the density of the development would result in overcrowding and/or overuse of the application site; and
• the comments, if any, made by any adjoining residents who have made contact.

2.7. If the application timing for statutory Consultees, as stipulated by SDC, falls within the normal schedule of Parish Council meetings, the Planning Councillors shall report to the next meeting of the Parish Council and make a recommendation as to whether the Parish Council should respond to the application for the proposed development and, if so, the terms of such a response. The Parish Council will review the application and consider any representations made by local residents and the Planning Councillors report and reach a decision as to whether or not it wishes to make any objection to or comment on the application. The Clerk shall inform the Planning Authority of the Parish Council’s decision, even if there is no representation.

2.8. If the planning application is not a Material Application (see Paragraph 2.5.) and the response time which SDC has stipulated for statutory Consultees is prior to the next scheduled Parish Council meeting, the Planning Councillor shall consult three or more of his fellow Planning Councillors and advise them of his recommendations in relation to the application. If the three other Councillors agree with his recommendation, the Planning Councillor shall instruct the Clerk to inform the Planning Authority accordingly. The Planning Councillor shall thereafter report his actions to the next meeting of the Parish Council. If the Planning Councillors fail to obtain the agreement of three fellow Councillors, then the Planning Councillor shall advise the Chairman of the Parish Council, who shall consider calling an extraordinary meeting of the Parish Council to consider the matter in sufficient time for a response to be lodged within the required time limit.

2.9. All Material Applications shall be referred to the full Parish Council for consideration. A Material Application shall be recorded on the agenda of the next scheduled Parish Council meeting’ or if the application response date for statutory consultees, as stipulated by SDC, is prior to the next scheduled meeting and an extraordinary meeting will be called to consider the application.

2.10. Each application shall be determined on its own merits. Councillors should be mindful if there would be any harmful planning precedent that may be created if an application is approved by the Planning Committee/Authority.

2.11. When considering a planning application, In addition to the matters set out in Paragraph 2.6, the Planning Councillors shall also consider whether a visit to the application site and/or of the
immediately adjoining properties would be of assistance in appreciating the nature and extent of the proposed development, or the impact that the proposed development is likely to have on those adjoining properties or the surrounding neighbourhood.

2.12. If a Planning Councillor considers that a visit to the application site would be of assistance, they shall consult at least two fellow Councillors to ascertain whether they are in agreement with this view. If at least two fellow Councillors agree with the view that a visit to the application site would be desirable, the Planning Councillors shall advise the Clerk and request that she contacts
the relevant parties to notify them of the proposed site visit.

2.13. If the Applicant and/or the owners/occupiers of adjoining properties inform the Clerk that they have no objection to a visit to their property by the Planning Councillors, the Applicant and the owners/occupiers of adjoining properties, the Clerk shall make arrangements for the site visit.

2.14. It is expected that all Councillors will be registered with the SDC planning web site and be able to see the details of any planning application.

2.15. Hard copies of applications received from SDC can be inspected at the Henley Library and can also be viewed on the SDC web site.

3. Copies of Planning Documents

3.1. For plans and technical drawings S 47 (2) of the Copyright, Designs & Patents Act 1988 is subject to a requirement of the Copyright (Material Open to Public Inspection) (Marking of Copies of Plans and Drawings) Order 1990, which means that Councils must mark the copies with the following statement when providing copies of plans and drawings to the public or publishing them
on their websites.

‘This copy has been made by or with the authority of (name of person required to make the plan or drawing open to the public inspection) pursuant to S 47 of the Copyright, Designs & Patents Act 1988. Unless that Act provides a relevant exception to copyright, the copy must not be copied without the prior permission of the copyright owner’.

4. SDC Planning Web Site

4.1. Members of the Public and Applicants can submit a response and view any planning
applications and the comments made by all stakeholders on the SDC Planning web site
https://apps.stratford.gov.uk/eplanning/ .

All comments submitted to the SDC web site are in the public domain.