Planning applications: guide to decisions and delegated powers

Scheme of delegation

As it is impractical and unnecessary for committees of councillors to consider all planning applications, best practice advice and national guidance encourages the delegation of decision making to appropriate officers of the council. The council may modify or revoke the scheme of delegation at any time.

The scheme of delegation set out in this council's Constitution (Part 11 - Scheme of Delegation, section 8) reserves the right of the area planning committees to determine any application and sets out the full details associated with delegation of the authority to make the decision to officers, and the options and associated requirements for referring application to committees for decision where it is appropriate.

The vast majority of planning application decisions are allowed to be made under the authority delegated to officers, but the scheme of delegation sets out the circumstances in which an application will always be reported to a committee for decision.
 

System of delegation

Members of West Berkshire Council are notified of all applications submitted and have 30 days from the date of email circulation of a copy of the 'Weekly List' of valid applications to call an application to committee if they think it necessary. 

This system of delegation is in line with the requirements and best practice expectations of the Local Government Association and central government. 

In order to enable committees to run efficiently, and to ensure that matters for debate are of a nature that warrant committee consideration, any request by a local councillor to 'call in' an application so that it can be determined by committee, must be on a prescribed pro-forma with reasoning provided by the Member calling the application to committee. To be valid and complete any call-in request must be agreed by the chairman or vice chairman of the relevant committee, and be submitted to planning officers within the specified 30 days.
 

Area Committees

Since 2005, there has been a two area planning committee structure (Eastern and Western), meeting every 3 weeks.  

The officers will refer for determination to the appropriate area committee any application, including:

• where the application is a major one or there are five or more objections and it is submitted by, or on behalf of West Berkshire Council, or where the land in question is owned by the council if there are five or more objections or if the application is a major one
• those submitted by or on behalf of a member of staff of planning
• those submitted by or on behalf of a West Berkshire Council Member, if there are five or more objections or if the application is a major one
• those recommended for approval, for which a petition of objection has been received of at least 20 signatories
• those recommended for approval, for which at least 10 letters of objection have been received
• those applications not considered prudent by the Development Control Manager to be determined under delegated authority

Members strive to reach a decision at committee but may request additional information or a site visit. New information provided on behalf of the applicant or third parties relating to an application will not be accepted within 5 working days of the committee, as there would not be sufficient time for all parties to consider the information in accordance with the relevant legislation on access to information and the publication of reports.
 

Consultations

Consultations are carried out in the same way for delegated items as they are for committee items. The scheme of delegation does not affect any parish council or third parties' right to make written representations, to speak at committee or to liaise with officers and ward members in order to discuss any planning matter.