Constitution of council amended
CHARNWOOD Borough Council’s constitution has been amended after councillors “expressed concerns” over changes made by officers to conditions attached to planning permission.
At a full council meeting on Monday, February 27, councillors voted in favour of amending its constitution to add a term relating to changes made to planning permission conditions and Section 106 agreements.
Section 106 agreements are often referred to as ‘developer contributions’ to the community after the construction of a development - this could be as a playground, piece of art or community centre.
The council’s constitution states the head of planning and regeneration can determine all planning applications and a variety of applica- tions for consent and outlines any exemptions.
Councillors agreed to add an exemption that states the head of planning and regeneration cannot determine an application “to remove or vary a condition or to vary a Section 106 agreement” where planning permission was granted by the plans committee.
A Charnwood Borough Council spokesman explained: “It means if conditions or Section 106 Agreements need to be amended after a decision has been made by the plans committee then they would be considered again by the plans committee unless the head of planning and regeneration, following consultation with the chair and vice chair of the plans committee and ward councillors, concluded the amendments were minor or technical and did not need to be referred back to committee.
“Councillors have in the past expressed concerns that conditions attached to a planning permission or Section 106 Agreements approved at plans committee have later had to be amended without the involvement of members of the plans committee.”
An amendment concerning planning applications by current and former officers and councillors was also approved at the meeting.
It states the head of planning and regeneration cannot determine applications submitted by: a person who has been a member of the council within the last four years or a person who has been an officer within the last two years.
The council spokesperson said: “A former officer who had applied for planning permission questioned the current time limits of five years.
“Therefore as part of the annual review of the constitution, a suggested shorter time was put forward, following consideration by senior officers and the chair and vice-chair of the plans committee.”