Remit of the Planning Committee

From Claygate

The Claygate Parish Council Planning Committee (CPC PC), comprising Councillors and co-opted members, meets regularly—on behalf of CPC—to consider planning matters affecting the village. The bulk of these are planning applications made to Elmbridge Borough Council (EBC). The applications to be reviewed at each meeting can be found in the pre-published agendas on our website and details of those applications can be viewed at www.elmbridge.gov.uk/planning .

A. Responsibilities

  1. Commenting on relevant planning guidelines and proposed amendments to legislation
  2. Obtaining professional support on planning matters when deemed necessary
  3. Commenting on planning applications
  4. Commenting on applications under the Licensing Act 2003
  5. Commenting on applications under the Gambling Act 2005

B. Relationship with the Local Planning Authority (Elmbridge Borough Council)

CPC has no power to grant or refuse an application for planning permission. These powers reside with EBC.

CPC is a statutory consultee for all applications made to EBC for properties in Claygate, and EBC must take into account any representations made by CPC.

The great majority of planning applications are Householder Applications, that is, applications for changes to or development of an existing dwelling. These are almost invariably decided by EBC Planning Officers. Until 2019, if CPC objected to such an application it was referred to the EBC East Area Planning Sub-Committee for decision by EBC Councillors. This no longer applies, and objections to householder applications from CPC or from 15 or more households will no longer result in the application being referred to the East Area Planning Sub-Committee.

In the following cases an objection by CPC, or objections from 15 or more households, will still result in the application being referred to the East Area Planning Sub-Committee:

  • Minor applications for 1 to 9 new dwellings;
  • Major applications for 10 or more new dwellings (which go to EBC Planning Committee rather than a Sub-Committee);
  • Applications for Permission in Principle for new dwellings.

C. Policies

1. Green Belt & Open Spaces – CPC will object to any reduction in the designated Green Belt and to any proposed development that detracts from its amenity value. It will ensure that the existing and potential open spaces and greens within the village are protected.

2. Trees – CPC attaches importance to the preservation of trees of significant amenity value, both on private land and the highway. It will press for the granting of Tree Preservation Orders in appropriate circumstances. It will consider the advice of its Tree Wardens on any planning application affecting trees.

3. New Housing – CPC recognises the pressure for housing development. However, it expects EBC to exercise effective control over the type and density of such development, and to implement design guide standards in order to avoid incongruous housing development.

4. Conservation Areas (CA)s – CPC will look critically at all proposed development and change of use in the CA’s. The sympathetic use of materials and design will be required.

5. Small Works – Applications for small works on domestic properties, outside the CAs, will not normally be opposed. But they should ensure that there is no adverse impact on the street-scene or the issues of concern described in this remit. The impact on the amenity of neighbours will usually be left to EBC, whose attention may be drawn to the relevant rules.

6. Backland Development – CPC will look critically at any proposals for backland development. It will seek to ensure that such proposals are integrated with existing development and do not detract from the appearance and character of the surrounding area.

7. Boundaries to Properties – CPC, when considering applications, will pay due attention to proposals for hedges, walls, fencing and gates. It will seek to ensure that these are in keeping with the character of the area. CPC is in principle opposed to gated developments.

8. Traffic and Transport – CPC, in considering applications, will assess the likely affect on the volume and nature of traffic in the vicinity, the implications for parking and the access to public transport.

9. Commercial – Applications will be viewed with regard to their benefit to the community, quality of design and visual impact on the area.

D. Procedures & Protocols

  1. Notices and Representations – CPC posts the Agenda of each meeting on the Parish noticeboard. This references EBC’s Weekly List of Validated Applications which are to be discussed at the meeting. The Weekly List can be found using this link: https://emaps.elmbridge.gov.uk/ebc_planning.aspx?requesttype=parseTemplate&template=SimpleSearchTab.tmplt
  2. Contacts with Developers and Applicants – except in respect of applications for tree works, Parish Councillors will not normally speak to people regarding Planning Permission. Should such contact arise unavoidably, discussions shall be limited to procedural matters and avoid considering the merit of the application. In such a case, a note will be made of the contact and reported to the next meeting of the CPC PC. If an interested party wishes to talk to a Parish Councillor prior to an application being heard at a CPC PC meeting this must be done by appointment with the Clerk. It should be immediately prior to a CPC PC meeting, with a minimum of two Parish Councillors and the Parish Clerk present and a record taken of the discussion included in the Minutes. Records of such meetings with interested parties should be agreed with the Applicant if at all possible.
  3. Councillors’ Own Applications – Councillors’ own personal applications will be discussed at CPC PC meetings. The Councillor whose application it is must adhere to Standing Orders and the Code of Conduct and withdraw from the meeting when it is considering a matter in which he/she has a disclosable pecuniary interest unless he/she has been granted a dispensation. Consideration of the matter begins when the agenda item is moved and includes any public representations and discussions relating to the planning application concerned and/or a vote.
  4. Councillors and Public MeetingsCouncillors may attend publicly advertised open meetings about applications and proposed applications but should not enter into any discussion unless arranged as above.
  5. Member of the Public at CPC PC Meetings – if a member of the public wishes to make representations at a CPC PC meeting, this must be done in accordance with Standing Orders and the Planning Process and Public Speaking Guidance. Members of the public who make arrangements prior to a meeting will be given priority on the meeting agenda.

E. Licensing Act 2003

CPC will consider applications that could affect Claygate relating to the retail sale of alcohol, the supply of alcohol in clubs, the provision of regulated entertainment, late night refreshment and street trading and, if appropriate, make representations to EBC.

F. Gambling Act 2005

CPC will consider all applications that could affect Claygate relating to the operation of premises for the purposes of gambling and, if appropriate, make representations to EBC. In line with EBC policy, CPC will oppose any applications for casinos.

G. Organisation

The quorum of this Committee is three Councillors in accordance with Standing Orders. To prevent the attendance of Councillors falling below the quorate number, it may be necessary to call upon the services of a Councillor not on the CPC PC to attend and vote at a meeting. This may be achieved in the following ways:-

  1. The attendance of the CPC Chairman who is an ex-officio member.
  2. The attendance of a substitute Councillor who will be invited by the Chairman of the CPC PC to attend the meeting in question, and for that meeting and that meeting only, will have voting rights.

(Document amended January 2019, July 2019, August 2020, September 2020, December 2020, July 2021, January 2022, May 2022, July 2022.)