Agenda item

Greater Cambridge Joint Development Control Committee (Civic Affairs Committee - 1 July 2020)

Meeting of Council, Tuesday, 14 July 2020 2.00 p.m. (Item 8c)

The Civic Affairs Committee recommended Council:

On the withdrawal of the Cambridgeshire County Council, to dissolve the Joint Development Control Committee (JDCC) between Cambridge City Council and South Cambridgeshire District Council as surviving members, pursuant to section 101 (5) Local Government Act 1972 and cease all delegations to the same with effect from 31 July 2020; and
To establish a new joint planning committee between Cambridge City Council and South Cambridgeshire District Council (to be called the Joint Development Control Committee) with the Terms of Reference as set in Appendix A subject to the number of members from each council to be increased from three to six, and to delegate functions to the joint committee and officers as set out therein, pursuant to section 101(5) and section 102 Local Government Act 1972 with effect from 1 August 2020.
To agree that ongoing planning matters or any other continuing action which would otherwise fall to be determined by the JDCC will, after 31 July 2020, transfer to the new Joint Development Control Committee for determination.
To authorise the Joint Director of Planning and Economic Development to decide, in consultation with the Chair and Vice Chair of the new joint development control committee, whether to refer any development control matters for determination by the Greater Cambridge Joint Planning Committee where the boundary of the site concerned overlaps or is adjacent to the boundary between Cambridge City Council and South Cambridgeshire District Council.
To authorise the Monitoring Officer to make any consequential amendments to the Council’s constitution arising from the above decisions.
To agree the proposed draft standing orders for the Committee subject to:
1. The Chair and Vice Chair appointments alternating between the two councils, to take place annually.
2. County Councillors to be permitted to attend and address the committee.

Decision:

Council

AGREED

A) On the withdrawal of Cambridgeshire County Council to dissolve the JDCC

between Cambridge City Council and South Cambridgeshire District

Council as surviving members, pursuant to section 101 (5) Local

Government Act 1972 and cease all delegations to the same with effect

from 31 July 2020; and

B) To establish a new joint planning committee between Cambridge City

Council and South Cambridgeshire District Council (to be called the Joint

Development Control Committee) with the Terms of Reference as set in

Appendix A and to delegate functions to the joint committee and officers as set out therein, pursuant to section 101 (5) and section 102 Local

Government Act 1972 with effect from 1 August 2020

C) To agree that any ongoing planning matters or any other continuing action

relating to development covered by the terms of reference in appendix A

which would otherwise fall to be determined by the previous Committee

will, after 31 July 2020, transfer to the newly formed Joint Development

Control Committee for determination

D) To authorise the Joint Director of Planning and Economic Development, in

consultation with the Chair and Vice Chair of the Committee, to decide

whether to refer any development control matters for determination by the

Joint Development Control Committee where the boundary of the site

concerned overlaps or is adjacent to the boundary between Cambridge

City Council and South Cambridgeshire District Council

E) To authorise the Monitoring Officer to make any consequential

amendments to the Council’s constitution arising from the above decisions

F) To appoint 6 members (and substitutes) from SCDC to serve upon the new

Joint Development Control Committee from August (4 Liberal Democrat group members: Councillors Anna Bradnam (spokesperson), Steve Hunt, Dr Claire Daunton and Dr Tumi Hawkins (substitutes: Councillors John Williams and Peter Fane) and 2 Conservative group members: Councillor Tom Bygott and Grenville Chamberlain (substitutes: Councillors Graham Cone and Mark Howell)

G) To comment upon the proposed draft standing orders for the Committee

as appropriate.

H) To agree the following amendments to the Terms of Reference of the Committee, as proposed by the Civic Affairs Committee of Cambridge City Council:

i. To add the following two additional provisions to the “Functions of the Committee”:

§ The review, change, amendment or modification of the Standing Orders of the Committee.

§ Any matter related to an application previously determined by the Joint Development Control Committee for Cambridge Fringes and which would continue to form a part of this Committees functions.

ii. To update the “Joint Development Control Committee Scheme of Delegation” part e to remove the “call-in” capabilities of the County Council so as to read as follows:

§ e) The application is one where, within 21 days of being notified of the application or within 14 days of receipt of any subsequent material amendment to the proposal, any Member of the City Council or of the District Council requests in writing (including e-mail), that the application should be determined by Committee, stating the planning grounds on which the request is based.

Minutes:

The Chair presented this report which sought Council’s agreement to establish a new Committee on 1 August 2020 that will continue to be called the Joint Development Control Committee. The report also detailed the key changes to membership, scope, geography and draft terms of reference, for Council’s approval.

The Chair highlighted paragraph 2.6 of the report, which stated that the Committee would be made up of six members, four Liberal Democrats and two Conservatives. There would be two substitutes from each political group.

The Chair proposed the following amendments to the recommendation, which had been provided by the Joint Director of Planning. These changes to the Terms of Reference had been proposed by Cambridge City Council’s Civic Affairs Committee.

To add to the “Functions of the Committee” (page 60 of the agenda) so as to insert two further additional provisions:

The review, change, amendment or modification of the Standing Orders of the Committee.

Any matter related to an application previously determined by the Joint Development Control Committee for Cambridge Fringes and which would continue to form a part of this Committees functions.

In addition, to update the “Joint Development Control Committee Scheme of Delegation” part e (page 74 on the SCDC Council agenda) to remove the “call-in” capabilities of the County Council so as to read as follows:

e) The application is one where, within 21 days of being notified of the application or within 14 days of receipt of any subsequent material amendment to the proposal, any Member of the City Council or of the District Council requests in writing (including e-mail), that the application should be determined by Committee, stating the planning grounds on which the request is based.

It was noted that neither of these revisions were considered to raise new issues for the Councils and reflected legal advice aimed at providing clarity which has been received from Bevan Brittain who were advising the Councils on the matter.

These amendments to the recommendation were agreed, by affirmation.

Councillor Dr. Tumi Hawkins, Lead Cabinet Member for Planning, expressed her disappointment that Cambridgeshire County Council had withdrawn their membership from the Committee, but respected their decision. She thanked officers for their work in preparing the terms of reference for the new Committee and looked forward to still closer working with Cambridge City Council on planning.

Councillor Mark Howell declared a non-pecuniary interest as a County Councillor and explained that he would not participate in the debate or the subsequent vote. In response to questioning, the Monitoring Officer explained that it was up to Councillors to decide whether they had an interest and whether to participate in the debate, but he did not consider that membership of the proposed Joint Development Control Committee or the County Council should preclude them from the debate.

Councillor Henry Batchelor declared a non-pecuniary interest as a County Councillor, but explained that he intended to vote.

Council by affirmation (Councillor Mark Howell abstained)

RESOLVED