Issue - meetings

Changes to the Constitution: Delegated Powers - Developments of National Significance and Non-statutory Community Benefits

Meeting: 12/07/2021 - The Executive (Item 8)

8 Changes to the Constitution: Delegated Powers - Developments of National Significance and Non-statutory Community Benefits pdf icon PDF 431 KB

To submit a report by the Head of Regulation and Economic Development.

Additional documents:

Decision:

It was resolved –

 

·        To recommend that Full Council delegate to the Head of Regulation and Economic Development the carrying out of all statutory functions of the Council in connection with any development that constitutes a Development of National Significance (DNS) as defined under the Planning (Wales) Act 2015 which amends the Town and Country Planning Act 1990 (“the Act”) and the Developments of National Significance (Wales) Regulations 2016 (as amended) and subsequent Regulations as both Local Authority, Local Planning Authority and Local Highway Authority.

·        To recommend that Full Council delegate to the Head of Regulation and Economic Development the carrying out of all statutory functions of the Council in connection with any development that constitutes a Special Development Order (e.g. Border Control) under section 59 (3) of the Town and Country Planning Act 1990.

·        That the Executive delegates to the Deputy Chief Executive the authority to carry out all non-statutory community benefit negotiations and to make all decisions relevant to such negotiations in connection with, or arising from a development that constitutes a Development of National Significance  in consultation with the Chief Executive and the Leader of the Council.

·        To recommend that section 3.5.3 of the Constitution be updated to reflect the above delegations.

Minutes:

The report of the Chief Executive requesting the Executive’s endorsement for changes to be made to the Constitution was provided for consideration.

 

Councillor Carwyn Jones, Portfolio Member for Major Projects reported that the changes proposed which the Executive is asked to endorse are in relation to providing delegated powers to the Head of Regulation and Economic Development in relation to statutory functions of the Council in connection with any development that constitutes a Development of National Significance and developments which require Special Development Orders. In addition, the Executive is asked to approve delegating powers to the Deputy Chief Executive with regard to the negotiation and approval of non-statutory community benefits for a development that constituted a Development of National Significance.

 

The Head of Regulation and Economic Development advised that the changes to the Constitution are necessary to reflect the current statutory approval framework in Wales which now includes Developments of National Significance and Special Development Orders. The changes will enable the Council to respond effectively and robustly to the associated engagement processes which are usually subject to strict timescales and deadlines. The changes will also support existing communication processes within the Council ensuring that the SLT and Elected Members are kept informed of relevant issues and progress with regard to such developments.

 

In response to a question, the Director of Function (Council Business) and Monitoring Officer confirmed that the report does reflect the Monitoring Officer’s input on this matter.

 

It was resolved –

 

·         To recommend that Full Council delegate to the Head of Regulation and Economic Development the carrying out of all statutory functions of the Council in connection with any development that constitutes a Development of National Significance (DNS) as defined under the Planning (Wales) Act 2015 which amends the Town and Country Planning Act 1990 (“the Act”) and the Developments of National Significance (Wales) Regulations 2016 (as amended) and subsequent Regulations as both Local Authority, Local Planning Authority and Local Highway Authority.

·         To recommend that Full Council delegate to the Head of Regulation and Economic Development the carrying out of all statutory functions of the Council in connection with any development that constitutes a Special Development Order (e.g. Border Control) under section 59 (3) of the Town and Country Planning Act 1990.

·         That the Executive delegates to the Deputy Chief Executive the authority to carry out all non-statutory community benefit negotiations and to make all decisions relevant to such negotiations in connection with, or arising from a development that constitutes a Development of National Significance  in consultation with the Chief Executive and the Leader of the Council.

·         To recommend that section 3.5.3 of the Constitution be updated to reflect the above delegations.