Consultation on proposed revised scheme of delegation

The consultation closed on 13 November 2020.

We are no longer taking feedback.

Subject to the outcome of the consultation, we are proposing to seek approval for the Revised Scheme of Delegation from Full Council on 7th December 2020.

Appendix 1: Proposed revised scheme of delegation

A.   Applications to be referred to Planning Committee for determination (Notwithstanding Town / Parish Council representation or Member Call In):

• Major Planning Applications (Application for Outline Planning Permission, Reserved Matters Approval or Full Planning Permission) for residential development comprising 10 or more proposed houses or commercial development comprising floorspace of 1,000sq.m, including any linked application for Listed Building Consent[1].
• Major or Minor Planning Applications for Renewable Energy Schemes, including solar, wind and bioenergy projects, and proposals for Anaerobic Digestion Plants.
• Where the Applicant is Braintree District Council.
• Where the Applicant is an employee or Member of Braintree District Council.
• Where the Applicant or Agent is related to an employee within the Planning Department (Development Management or Planning Policy) (change from Braintree District Council[2]) or a Member of Braintree District Council.
• Any application which is deemed to be ‘significant’ by the Planning Development Manager.

B.   Applications which can be determined under Delegated Powers which may be subject to referral to Chair’s Briefing as a result of Town / Parish Council representation or Member Call In:

• Minor Planning Applications (Application for Outline Planning Permission, Reserved Matters Approval or Full Planning Permission) for residential development comprising 3-9 proposed houses, including any linked application for Listed Building Consent, Unless:
  • Either the Town or Parish Council’s view is contrary to the Officer Recommendation;
  • Or the application has been ‘Called In’ for determination by a BDC Councillor by the end of the specified consultation period and is accompanied by planning reasons for why the application should be referred to Planning Committee for determination.

Then

• The application shall be referred to Chair’s Briefing, with the Chair and Vice Chair of the Planning Committee, who will consider whether the application should be referred to the Planning Committee for determination, except if a previous application for the same or substantially the same application site has been refused planning permission under Delegated Powers or by the Planning Committee where the proposal is deemed to be ‘similar’ to the previously determined application by the Planning Development Manager.

C.   Applications which can be determined under Delegated Powers (Notwithstanding Town / Parish Council representation or Member Call In):

• Minor Planning Applications (Application for Outline Planning Permission, Reserved Matters Approval or Full Planning Permission) for residential development comprising 1-2 proposed houses, including any linked application for Listed Building Consent.
• All Section 73 applications to vary or remove planning conditions, including seeking minor material amendments, associated with any previous consent (Application for Outline Planning Permission, Reserved Matters Approval or Full Planning Permission) for ‘Major’, ‘Minor’, or ‘Other’ Planning Applications.
• Minor Planning Applications for replacement dwellings.
• Minor Planning Applications for agricultural workers dwellings (temporary or permanent).
• Minor Planning Applications for any other commercial development or change of use.
• All of the following Application Types:

Consultation Responses which can be determined under Delegated Powers, following referral to the Cabinet Member for Planning:

[1] For Members information only, currently the Government define a major residential development to be 10 units or more or sites 0.5ha or more and for non-residential development is where additional floorspace of 1,000sq.m or more, or a site of 1 hectare or more, or as otherwise provided in the Town and Country Planning (Development Management Procedure) (England) Order 2015, however for the purposes of the Scheme of Delegation only the 10 units or more and 1000sq.m floorspace thresholds will be utilised to define a Major Planning Application and not the site area definitions.

[2] We currently have one agent who is related to a Member of BDC staff and as a result, all of his applications are reported to Planning Committee.

[3] As the majority of these applications are for smaller scale development, Development Management could notify the Cabinet Member for Planning on receipt of the consultation and await confirmation of whether a response could be issued by Officers, or if a draft response should be prepared for review and approval, prior to issue.