Minute No. 616 (Cabinet Book 3, Agenda Item No. 9 refers)

Called-in by Councillors Cox and Davidson

The Committee considered Minute No. 616 of Cabinet held on 12^th January, 2023, which had been called-in to scrutiny, together with the report of the Executive Director (Growth & Housing) setting out the legality and wider implications of the motion of the Opposition Councillors (“Opposition Business”), referred to Cabinet by the Council on held on 15th December 2022.

The Committee discussed the matter in some detail and asked a number of questions which the Cabinet Member for Environment, Culture and Tourism and the Director of Planning responded to.

Resolved:-

1. That the matter be referred back to Cabinet for reconsideration on the basis that the report considered by Cabinet does not appear to address the points included in the motion in respect of the Development Control Committee being used to as a means implement Council policy and, in particular, the consultation and decisions should have been taken before the matter was referred to Development Control Committee for determination.

Note: This is an Executive Function

Cabinet Member: Cllr Mulroney

Report of Executive Director (Neighbourhoods and Environment)

The Cabinet considered a report of the Executive Director (Neighbourhoods and Environment) setting out the legality and wider implications of the motion of the Opposition Councillors (“Opposition Business”), referred to Cabinet by the Council on held on 15^th December 2022.

Resolved:

1. That it be acknowledged that the Council cannot become involved in relation to decisions relating to individual planning applications presented to Development Control through conflict of roles and that the Development Control Committee is a quasi-judicial function, not a political function.

2. That the provision of public art through the long established, policy and legal framework, of, where appropriate, seeking contributions to funding public art through Section 106 Agreements, continues to be supported and that where a planning application is required in relation to public art this is progressed through  the Development Control process in accordance with the procedures set out in the Council’s Constitution.  

3. That a review of the policy framework for securing contributions to public art be considered as part of preparing the new Local Plan, when all Councillors, residents and other stakeholders can have input into any changes.

Reason for decision:

The recommendations ensure that planning applications continue to be determined in accordance with the requirements of national legislation and policy and the Council’s own Constitution and adopted policy framework.  It also makes certain that contributions to public art which have already been received are not returned to the developer, that new contributions continue to be sought for public art in accordance with our adopted policy framework and that any change to that framework goes through the appropriate route, allowing all relevant stakeholders to input into the process.

Other Options

The Council could decide to no longer seek planning obligations requiring contributions to public art from developers. However, it does, through policy KP3 in the Core Strategy, have a development plan policy basis to do so in certain circumstances. This is why such sums have been collected previously.

Note: This is an Executive Function

Eligible for call-in to: Place Scrutiny Committee

Cabinet Member: Cllr Mulroney

The Cabinet considered a report of the Executive Director (Neighbourhoods and Environment) setting out the legality and wider implications of the motion of the Opposition Councillors (“Opposition Business”), referred to Cabinet by the Council on held on 15^th December 2022.

Resolved:

1. That it be acknowledged that the Council cannot become involved in relation to decisions relating to individual planning applications presented to Development Control through conflict of roles and that the Development Control Committee is a quasi-judicial function, not a political function.

2. That the provision of public art through the long established, policy and legal framework, of, where appropriate, seeking contributions to funding public art through Section 106 Agreements, continues to be supported and that where a planning application is required in relation to public art this is progressed through  the Development Control process in accordance with the procedures set out in the Council’s Constitution.  

3. That a review of the policy framework for securing contributions to public art be considered as part of preparing the new Local Plan, when all Councillors, residents and other stakeholders can have input into any changes.

Reason for decision:

The recommendations ensure that planning applications continue to be determined in accordance with the requirements of national legislation and policy and the Council’s own Constitution and adopted policy framework.  It also makes certain that contributions to public art which have already been received are not returned to the developer, that new contributions continue to be sought for public art in accordance with our adopted policy framework and that any change to that framework goes through the appropriate route, allowing all relevant stakeholders to input into the process.

Other Options

The Council could decide to no longer seek planning obligations requiring contributions to public art from developers. However, it does, through policy KP3 in the Core Strategy, have a development plan policy basis to do so in certain circumstances. This is why such sums have been collected previously.

Note: This is an Executive Function

Called-in to: Place Scrutiny Committee

Cabinet Member: Cllr Mulroney