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Major planning shake-up set to strip Warwickshire councillors of key powers

Local News by Andy Mitchell - Local Democracy Reporter 1 hour ago  
Warwick District Council is set to hand over its planning powers to council officers under government rules from 31 October (image via Nub News)
Warwick District Council is set to hand over its planning powers to council officers under government rules from 31 October (image via Nub News)
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Councillors across Warwickshire are braced for changes that will see them lose the chance to vote on many planning applications from 31 October.

The government is introducing the new National Scheme of Delegation, which will see many of the decisions currently considered by panels of elected officials taken by council officers – the employed professionals.

It is a particularly thorny issue across Warwickshire, where ongoing national rule changes since Labour came to power have seen councils ruled to be short of a five-year housing land supply, meaning greater weight is given to saying yes to proposals brought forward for sites that are not allocated for housing.

This new system, designed to speed up and simplify the planning process, will remove the opportunity for councillors to go against that advice in a number of cases.

Councils have no choice but to comply, and Warwick District Council is set to vote through the constitutional changes required on Wednesday (28 October).

What is changing?

Different districts and boroughs have different thresholds.

The current position at Warwick District Council is that any decision that attracts five or more comments against the advice of officers – for example, five calls to reject when officers recommend saying yes – is taken by the planning committee. That also applies in cases where a district councillor or town or parish council asks for the committee to rule.

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From Saturday (31 October), householder applications, minor commercial applications covering less than 1,000 square metres and plans for nine or fewer homes on less than half a hectare, known as 'Schedule 1 applications', will automatically be decided by officers.

Anything bigger than that falls into 'Schedule 2', but in cases where the principle of plans for up to 500 homes has already been approved through an outline application, the reserved matters – detailed plans – then fall into 'Schedule 1'.

'Schedule 2' applications will be looked at by the council's head of place, arts and economy Andrew Cornfoot and those deemed to have scope to meet a new 'gateway' test will go to a new two-strong panel – Cllr Alan Boad and the relevant development manager.

The duo will then judge whether there is an economic, social, environmental or significant planning matter strong enough to send it to the full planning committee. If they do not find one, or if they do not agree that one is found, the planning decision is taken by officers. If they agree one of the tests is met, it goes to the planning committee.

Warwick District Council's report on this matter has tried to flesh out understanding with potential scenarios. Citing government guidance, it says that applications which broadly comply with site allocations and do not attract maintained objections from statutory consultees like flooding experts or highways should not meet the 'gateway' test.

What councillors think

The matter was discussed at Warwick District Council's cabinet meeting last week.

Chair of scrutiny Cllr Andrew Milton said fellow members had expressed "disappointment in the removal of power from local representatives".

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"It never feels like a good thing when we are being cut out of the planning process, as it seems we are now," he said, highlighting the importance of transparency in not only how the new process works but how the decisions are made and recorded.

He stressed the need for effective communication of what is happening and the importance of residents continuing to comment on applications.

"There was a concern that if residents felt their voice was not being heard, they would stop commenting," he said.

"It is still very valuable for them to continue to do so."

Planning chair Cllr Boad pulled no punches.

"I am not happy with what we are having to do but the government says that's the way we're going to do it, so that is the way it is," he said.

"People will be upset depending on which route applications go. That is going to be challenging. I am not expecting to be the most popular person on earth.

"We did a dummy trial as to how it would work. Interestingly, we said all four that we looked at should go to committee but those were big numbers being developed so it is not good news."

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He added that a one-page report would accompany published information on applications with 'gateway' responses included.

"That information will follow through whichever direction that application goes in," said Cllr Boad.

"We are keeping it as open as we can but this is very restrictive and I don't think it is democratic."

Portfolio holder for place Cllr Chris King said: "We are going to be treading carefully in the next months to see how the system works, what kind of reaction and how much reaction comes with the emerging method.

"Our transparency and communication will be really crucial. There is a strong possibility that residents will be angry and frustrated at a huge change from what they are used to.

"We have to be accommodating and sensitive to that and react in the most meaningful and thoughtful ways that we can."

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