Development Control Committee
This section contains the following information about the Development Control Committee:
Purpose
a) The Development Control Committee deals with applications for planning permission for mineral extraction and waste management developments and for development proposed by the County Council.
Composition
a) The Committee shall comprise twelve county councillors who are not in the Cabinet.
b) The quorum of the Committee shall be three.
c) Meetings are open to the public but they may be excluded where information of an exempt or confidential nature is being discussed – see Access to Information Rules.
d) All committee members must:
(i) Have undertaken mandatory training on the relevant law and procedures which relate to the Committee’s work; and
(ii) Undertake further mandatory training on an ongoing basis whilst they continue to be committee members.
e) The decision on whether training is mandatory will lie with the Monitoring Officer. All Members will be informed in advance if training is mandatory.
f) Councillors, officers and members of the public must abide by the Protocol of Good Practice on Development Control Matters (lancashire.gov.uk).
Terms of Reference
a) To determine applications for planning permission, under Part III, section 62 and section 316 of the Town and Country Planning Act 1990 and the Town and Country Planning General Regulations 1992 where one or more of the following apply:
(i) An objection to the application has been received;
(ii) The application is supported by an Environmental Statement;
(iii) A refusal is recommended by officers;
(iv) There is a conflict of interest with the functions of the relevant Director;
(v) The application has been submitted by, or benefits, a councillor or officer of the County Council.
b) To exercise the functions in the Town and Country Planning Act 1990 under section 70A (to decline to determine planning permission), section 73 (to vary conditions of Planning Permissions), section 94 (Completion Notices), section 97 (Revocation and Modification Orders), section 102 (Discontinuance Orders) and section 106 (Agreements Regulating Development).
c) To exercise the functions relating to the making of determinations of planning applications under section 92 (outline planning permission) of the Town and Country Planning Act 1990.
d) To determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active phase I or II sites, or mineral permissions relating to mining sites, are to be subject, under the Planning and Compensation Act 1991 and the Environment Act 1995.
e) To exercise powers to enter into agreements for the execution of highway works under section 278 of the Highways Act 1980 in relation to development the subject of an application before the Committee for determination.
f) To exercise the function under section 34 of the Wildlife and Countryside Act 1981 (Limestone Pavement Orders).
g) To exercise powers under sections 198 and 199 of the Town and County Planning Act 1990 (Tree Preservation Orders).
h) To exercise powers in relation to replacement trees under sections 206, 207 and 213 of the Town and Country Planning Act 1990, and powers to grant consents under Tree Preservation Orders and to give directions as to the replanting of land under paragraphs 7 and 8 of the Schedule to the Trees Regulations 1999.
i) To exercise powers to determine applications for Hazardous Substances Consent and related powers under sections 9 and 10 of the Planning (Hazardous Substances) Act 1990.
j) To make any appointments to outside bodies to which the Council is entitled to have representation in connection with the discharge of any of the Committee’s functions.
k) To authorise by Order the stopping up or diversion of footpaths or bridleways under sections 257 and 261 of the Town and Country Planning Act 1990.
l) To extinguish by Order public rights of way over land held for planning purposes under section 258 of the Town and Country Planning Act 1990.
m) To establish sub-committees to undertake any part of the Committee’s functions.