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The item was a planning consent with a decision date of 12th October. The applicant (also a councillor) withdrew the item from the PC agenda at the meeting. It is not withdrawn from the LPA. We attended specifically in regard to this application and were not told why it was postponed.
by (160 points)

1 Answer

0 votes
The parish council is a consultee for the planning process and does not decide whether to grant the planning application or not.  They will, when the time comes, submit a comment (or not) on the planning application.  It might well be that as the applicant is a councillor, then the council has a policy of not responding.  The agenda for meetings has to be published with 3 clear days notice and in that time, things can happen that require items to be withdrawn.  Items cannot be added, but they can be withdrawn.

I am not sure what the issue is here - they have not acted illegally.  It would seem that you have been inconvenienced as the council pulled an agenda item that was specifically important to you but this is not illegal.  Bad manners, maybe.
by (23.5k points)
Thank you. It was inconvenient, but I was previously told by the chair that planning items could not be deferred as the PC has a legal requirement to respond within the time constraints. However, this application has been…
It’s just adding to a long list of confusing advice and contradictions… Sadly.
The council has no legal obligation to respond to planning applications.  If they do want to respond, they have to do so before the deadline.
I always understood that the PC is not a statutory consultee but has a right to be informed of any application.  It then has the same "obligations" as any member of the public ie it can choose or not whether it chooses to comment.  If it was withdrawn from the PC agenda, then all Councillors could them comment as individuals.  All IMHO
Yorkie, you are absolutely correct.  It is subtle but important difference.  There is clear definition of what a statutory consultee is, and a parish and town council doesn't come under that.  However, if the council informs the planning authority that it wants to receive notification of planning applications in its area, then the planning authority is obliged to do so.  The council is not obliged to respond at any point as they are not a statutory consultee.  Councillors have every right to respond to any planning application as a resident but not on behalf of the council.

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