Planning Committee Terms of Reference

Planning Committee Terms of Reference

Approved by Council: 18th May 2021

Review Date: May 2022

10 Members of the Authority

Quorum = 4

To oversee all planning, environmental and regulatory matters, and to recommend policy to Council on these matters including housing and transportation.

Meetings: Monthly.

All non-committee members may attend meetings of the Committee except for confidential and speak on ward issues at the Chairman’s discretion, but are unable to vote.

 

Planning and Development Control
Function of Council - Column 1 Delegation of Functions - Column 2
1. To make observations on all Planning applications; Listed Building applications; Conservation Area consents; Certificates of Existing or Proposed Lawful Use or Development; Display of Advertisement Regulations; and development involving telecommunications, including prior notification determinations Committee

Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.

Committee may decide that with a major or particularly controversial application, to make recommendations for determination by Council

2. Referring any Planning enforcement issue to the principal Council Town Clerk
3. To make observations on all planning aspects and licensing aspects of waste applications or mineral applications. Committee
4. To comment on Tree Preservation applications or the making of Orders. Committee

Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.

5. To respond to consultations from adjoining authorities outside of Cheshire East Borough. Committee

Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.

6. To make observations on Planning consultation documents from Cheshire East Council or other bodies. Committee, except Local Plan or HS2 Project which are reserved for Council.
7. To make observations at the time of planning appeals and to authorise witnesses on behalf of the Council. Committee
8. To make observations on Hazardous Substance applications. Committee
9. Making observations on applications for amendments to planning and other related consents previously granted by any authority or making observations on applications for the discharge of conditions in respect of planning permissions and other related consents issued. Committee
10. Making observations on applications and other actions in relation to hedge rows. Committee

Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.

11. Making observations and recommendations on Street naming or numbering. Committee
12. To liaise with the district council on any matter relating to building control. Town Clerk
13. To monitor proposals from developers under Section 106 Agreements or Community Infrastructure Levy. Committee
14. To request a Cheshire East councillor to “call in” applications to be determined by the Development Control Committee. Committee
15. To undertake the Council’s role in the making, review or management of conservation areas Committee

 

Strategic Planning
Function of Council - Column 1 Delegation of Functions - Column 2
16. Making observations on Local Plan, HS2 Project or Waste and Mineral Plans Council on the advice of Committee for Local Plan and HS2 Project.

Committee for Waste and Mineral Plans.

17. Making observations on supplementary planning documents or non-statutory plans. Committee
18. To oversee the Council’s role in preparing, reviewing and monitoring the Neighbourhood Plan. Committee

Approval of Plan reserved to Council.

19. Planning Guidance and Policy by the Town Council Committee to oversee and recommend Approval reserved to Council

 

Licensing
Function of Council - Column 1 Delegation of Functions - Column 2
20. Making observations on any matter relating to gaming or gambling Committee
21. Making observations on applications and other matters under the Licensing legislation. Committee

Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.

 

Housing
Function of Council - Column 1 Delegation of Functions - Column 2
22. Town Council Policy or response to consultation on Cheshire East Policy. None, but on advice from Committee.
23. To lobby for a suitable mix of housing and adequate affordable homes. Committee.
24. To take a lead on other housing matters including landlord supervision and design guidance. Committee.

 

Environment & Sustainability
Function of Council - Column 1 Delegation of Functions - Column 2
25. To promote the environmental wellbeing of the Town. Policy reserved by Council on recommendation of Committee

Committee under the direction of Council Town Clerk for operational matters

26. Conservation of the built and natural environment Strategic

Operational management to Town Clerk

27. To lead on the sustainability of the Council as an organisation and to approve and action environmental audits. Strategic overview to Committee within budget.

Operational management to Town Clerk

28. Issues involving ancient monuments and areas of archaeological interest. Strategic overview to Committee Town Clerk for operational matters.
29. To promote environmental awareness. Strategic overview to Committee Town Clerk for operational matters.
30. To lead the Town to address climate change, sustainability and transition. Strategic overview to Committee Town Clerk for operational matters.

 

Environmental and Public Health
Function of Council - Column 1 Delegation of Functions - Column 2
31. Power to utilise well, spring or stream to provide facilities for water supply, Public Health Act 1936, S125 and power to deal with ponds and ditches, Public Health 1936, S260. Power and Strategic overview to Committee Operational management to Town Clerk
32. To liaise with the relevant authorities in cases of public health/environmental nuisance, drainage matters, pollution, or animal welfare issue. Petitions to Committee Town Clerk in other cases
33. To make observations on any public health/ environmental licence or registration application (other than under the Licensing Act). Committee

Town Clerk in consultation with Chair in cases of urgency

34. Waste and recycling Strategic overview to Committee Operational management to Town Clerk

 

Strategic Highways and Transportation
Function of Council - Column 1 Delegation of Functions - Column 2
35. To take policy lead on the Local Transport Plan and general transportation issues including HS2 related activities. Committee for strategic overview and to advise Council.

Town Clerk for operational matters

36. To respond to consultation on any temporary or permanent highways changes. Committee

Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.

37. Power to complain to Highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside land. Committee

Town Clerk after consultation with Members, if consensus view

38. Consent for ending maintenance at public expense or stopping up or diversion of highway Committee

 

NB. Any actions delegated to the Town Clerk/Proper Officer may in his/her absence be undertaken by the nominated deputy or deputies, if the matter cannot wait until the Town Clerk’s return.

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