Planning Committee Terms of Reference

Approved by Shavington cum Gresty Parish Council on 4 May 2022

8 Members of the Authority	Quorum 3
Meeting will take place monthly
To oversee all planning, environmental and regulatory matters, and to recommend policy to Council on these matters including housing and transportation. All non-committee members may attend meetings of the Committee except for confidential and speak at the Chairman’s discretion but are unable to vote.
Function of the Council Column 1	Delegation of Function Column 2
Planning and Development Control To make observations on all Planning applications; Listed Building applications; Conservation Area consents; Certificates of Existing or Proposed Lawful Use or Development; Display of Advertisement Regulations; and development involving telecommunications, including prior notification determinations Referring any Planning enforcement issue to the principal Council 3 To make observations on all planning aspects and licensing aspects of waste applications or mineral applications. 4 To comment on Tree Preservation applications or the making of Orders. To respond to consultations from adjoining authorities outside of Cheshire East Borough. To make observations on Planning consultation documents from Cheshire East Council or other bodies. To make observations at the time of planning appeals and to authorise witnesses on behalf of the Council. To make observations on Hazardous Substance applications. Making observations on applications for amendments to planning and other related consents previously granted by any authority or making observations on applications for the discharge of conditions in respect of planning permissions and other related consents issued. Making observations on applications and other actions in relation to hedge rows. Making observations and recommendations on Street naming or numbering. To liaise with the district council on any matter relating to building control. To monitor proposals from developers under Section 106 Agreements or Community Infrastructure Levy. To request a Cheshire East councillor to “call in” applications to be determined by the Development Control Committee. To undertake the Council’s role in the making, review or management of conservation areas	Committee Parish Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. Committee may decide that with a major or particularly controversial application, to make recommendations for determination by Council. Parish Clerk Committee Committee Parish Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. Committee Parish Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. Committee, except Local Plan or HS2 Project which are reserved for Council. Committee Committee Committee Committee Parish Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. Committee Parish Clerk Committee Committee Parish Clerk with the written approval of all Committee members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. Committee
Strategic Planning Making observations on Local Plan, HS2 Project or Waste and Mineral Plans Making observations on supplementary planning documents or non-statutory plans. To oversee the Council’s role in preparing, reviewing and monitoring the Neighbourhood Plan. Planning Guidance and Policy by the Parish Council	Council on the advice of Committee for Local Plan & HS2 Project. Committee for Waste & Mineral Plans. Committee Committee Approval of Plan reserved to Council. Committee to oversee and recommend Approval reserved to Council
Licensing Making observations on any matter relating to gaming or gambling Making observations on applications and other matters under the Licensing legislation.	Committee Committee Parish Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.
Housing Parish Council Policy or response to consultation on Cheshire East Policy. To take a lead on other housing matters including landlord supervision and design guidance.	None, but on advice from Committee. Committee.
Environment & Sustainability To promote the environmental wellbeing of the Parish. Conservation of the built & natural environment To lead on the sustainability of the Council as an organisation and to approve and action environmental audits. Issues involving ancient monuments & areas of archaeological interest. To promote environmental awareness. To lead the Parish to address climate change, sustainability and transition.	Policy reserved by Council on recommendation of Committee Committee under the direction of Council Parish Clerk for operational matters Strategic overview to Committee within budget Operational management to Parish Clerk Strategic overview to Committee within budget. Operational management to Parish Clerk Strategic overview to Committee Parish Clerk for operational matters. Strategic overview to Committee Parish Clerk for operational matters. Strategic overview to Committee Parish Clerk for operational matters.
Environmental & Public Health Power to utilise well, spring or stream to provide facilities for water supply, Public Health Act 1936, S125 and power to deal with ponds & ditches, Public Health 1936, S260. To liaise with the relevant authorities in cases of public health/ environmental nuisance, drainage matters, pollution, or animal welfare issue. To make observations on any public health/ environmental licence or registration application (other than under the Licensing Act). Waste & recycling	Power & Strategic overview to Committee Operational management to Parish Clerk Petitions to Committee Parish Clerk in other cases Committee Parish Clerk in consultation with Chair of the Committee in cases of urgency Strategic overview to Committee Operational management to Parish Clerk
Strategic Highways & Transportation To take policy lead on the Local Transport Plan and general transportation issues including HS2 related activities. To respond to consultation on any temporary or permanent highways changes. Power to complain to Highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside land. Consent for ending maintenance at public expense or stopping up or diversion of highway	Committee for strategic overview & to advise Council. Parish Clerk for operational matters Committee Parish Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. Committee Parish Clerk after consultation with Members, if consensus view Committee
Commemorative Bench Trail To oversee the Commemorative Bench Trail and to respond to residents’ application To identify and approve location of Commemorative Bench Trail in the Parish To authorise removal or re-placement of benches	Committee Parish Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. Committee Committee Parish Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.

NB. Any actions delegated to the Parish Clerk/Proper Officer may in his/her absence be undertaken by the nominated deputy or deputies, if the matter cannot wait until the Parish Clerk’s return.