Major changes to the way planning applications are decided could leave Erewash councillors with less influence over controversial proposals in their own wards.
Under new national rules taking effect on 31 October, most applications for developments of up to nine homes will have to be decided by planning officers rather than the council’s Planning Committee.
Householder applications and minor commercial developments, such as shopfront changes, will also normally be determined by officers.
One of the most significant changes is the removal of the existing “call-in” system, which allows councillors to request that certain applications are referred to the Planning Committee for a public decision.
The current route allowing an application to go before the committee when it receives more than four objections will also disappear.
It means a proposal could face considerable opposition from neighbours without the number of objections being enough to secure a decision by elected councillors.
Residents will still be able to comment on applications, and valid planning objections must still be considered. However, the strength of local opposition alone will not determine whether an application receives a committee hearing.
Who will decide which applications reach the committee?
Major developments and some other applications will generally be presumed to sit with planning officers unless they pass a new “gateway” test.
To be referred to the Planning Committee, an eligible application must raise either:
- An economic, social or environmental issue of significance to the local area; or
- A significant planning matter when considered against planning policy and other material considerations.
Even if one of those conditions is met, both the council’s nominated officer and nominated councillor must agree that the application should go before the committee.
Erewash Borough Council is proposing that these roles are held by its head of planning and the chair of the Planning Committee. Their respective deputies would act when either is unavailable.
The council will be required to keep a record of cases considered for referral, including the outcome and reason for each decision, and make that information available on its website.
Which applications must be decided by officers?
Those covered by mandatory delegation will include most:
- Householder applications, including alterations and extensions
- Residential developments of between one and nine homes
- Minor commercial developments
- Reserved matters applications
- Prior approval applications
- Non-material amendments
- Certificates of lawful use or development
There are limited exceptions, including certain proposals connected to listed building consent and some retrospective applications.
Applications submitted by the council itself, councillors or council officers may also be referred to the Planning Committee if the nominated officer and councillor agree.
Why is the system changing?
The changes are not an optional policy devised by Erewash Borough Council.
They form part of a new national scheme intended to make planning decisions more consistent and efficient across England.
Erewash says it has a legal duty to bring its constitution into line with the regulations by 31 October. If it fails to do so, subsequent decisions taken by its Planning Committee could be considered unlawful and challenged through the courts.
The General Purposes Committee will consider the required amendments on Tuesday, 22 September. They will then go to the Council Executive for comment and Full Council for approval.
The changes could prove controversial among residents who believe planning decisions affecting their neighbourhood should be made publicly by elected councillors – particularly where an application has attracted significant local opposition.