Decisions Contrary To Officer Recommendation &/Or The Development
Plan
6.1 When a committee of the Council makes a decision which is contrary to the recommendation of the Planning Manager, whether the decision is one of approval or refusal, a detailed minute of the committee’s reasons for its decision will be made. A copy of the minute will be kept on the application file. In addition the person presiding over the committee will endeavour to ensure the following principles are met:
6.1 When a committee of the Council makes a decision which is contrary to the recommendation of the Planning Manager, whether the decision is one of approval or refusal, a detailed minute of the committee’s reasons for its decision will be made. A copy of the minute will be kept on the application file. In addition the person presiding over the committee will endeavour to ensure the following principles are met:
- The planning officer is given an opportunity to explain to the committee the implications of their decision
- Where the committee wish to add or amend conditions the planning officer is given the opportunity to draft the condition(s) & bring back to a subsequent meeting, or refer to appropriate members, for approval
6.2 When a decision is made which is contrary to the development plan the material considerations which led to this decision and the reason(s) why they are considered to override the development plan will be clearly identified & minuted. In addition the legal requirements for dealing with a departure & para 6.1 above will be complied with as appropriate.
6.3 In the circumstances set out in paras 6.1 & 6.2 the Planning Manager will always consider the exercise of the power provided in Standing Orders to refer the decision to the Planning Panel.
6.4 The Legal Services Manager will endeavour to ensure that a suitably experienced legal officer is present at all appropriate committee meetings to give legal & procedural advice.
