Decision Maker: Planning Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The Committee had before it a *report of the Head of Legal (Monitoring Officer) providing an update and advice to Members with regard to the forthcoming appeal inquiry against refusal of planning permission.
Consideration was given to whether it was necessary to pass the following resolution to exclude the press and public having reflected on Article 15 15.02(d) (a presumption in favour of openness) of the Constitution. The Planning Committee decided that in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
It was therefore:
RESOLVED that: under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and paragraph 5 namely information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
(Proposed by the Chairman)
Note: Cllrs L J Cruwys and B G J Warren requested that their abstention from voting with regard to entering into Part II be recorded.
Following consideration of the papers, the meeting returned to open session.
The Head of Planning, Economy and Regeneration answered questions posed in public question time:
· With regard to why a report was before the committee; she referred Mr Byrom to the Part I report which explained the need for an update, the need to seek advice and to seek instruction.
· Why a formal inquiry had been opted for; the appellant had sought the written representations process but that method did not allow the opportunity for evidence to be questioned or interrogated. She referred to a meeting on 2 December 2019 with members where a course of action was discussed, Following discussions between members and officers it was agreed that due to the public interest in the case that either an informal hearing or a public inquiry be requested. She also referred to a letter from the Planning Inspectorate where the original inspector decided to proceed on the basis of a public inquiry due to the significant level of local interest, the complexity of the issues raised as well as the submissions by the main appeal parties.
· Whether the appellant and interested parties would be informed of the decision of the committee, the officer confirmed that all interested parties would be informed as soon as was possible after the meeting.
i) Cllrs R F Radford and B G J Warren declared personal interests as they were both representing the committee on the appeal case;
ii) * Report previously circulated.
Publication date: 17/11/2020
Date of decision: 13/11/2020
Decided at meeting: 13/11/2020 - Planning Committee