Delegation to Officers

 Planning Applications - Scheme of Delegation to Officers

 The Scheme was issued under S 13 of the Town and Country Planning Act and was brought into effect this month, with the prior approval of four committees including Environment.  Its main effect is to enable most planning applications to be determined by the Officers and not a Planning Sub-Committee, except:

 1.                  Where there are at least 5 individual objections to an application the Officers are minded to approve, or at least 5 individual expressions of support to an application the Officers are minded to refuse

 2.                  Where Conservation Areas Advisory Group (CAAG) or Disabled Access Advisory Group (DAAG) requests determination by the Sub-Committee, stating it requests refusal or approval, and the Officers determination would not be in accordance with that request

 3.                  Where a Ward Councillor requests determination by the Sub-Committee, stating if he or she requests refusal or approval, and the Officers’ determination would not be in accordance with that request

The delegated powers also extend to such matters as certificates of lawful use, tree preservation orders, and enforcement action. As with most things these days, the change is Government-led and finance-driven, to comply with the Government’s recommendation that 90% of applications be dealt with under delegated powers. Currently the Council has only been achieving 84%, and will be financially rewarded if it can increase that to 90% or more.

But what it really means is that the right of residents to object to a controversial or unacceptable application where the Officers are minded to grant it and where either CAAG or DAAG or a local Ward Councillor have no view, is severely time-limited and restricted to groups of 5 or more. Proper decisions will mainly depend on the competence and independence of the unelected officers and not on elected Councillors. If you are an individual objector you have no rights unless and until 4 other people support your view, and all of you must make your written objections within the public consultation period, i.e. by the date specified in the published application. Local Amenity Societies only count as one objector even though they represent numerous residents, for instance the HCS would only count as one even though 25 members or more might support its views. When CAG considered these changes – and it was given no chance to comment – its Chair Selma Montford commented that a great deal of extra work would be thrown on the voluntary amenity societies, not least because of the time deadline and the number of individual letters which will now need to be written in most cases. If you object strongly to an application, then you must act quickly and decisively either by lobbying your neighbours for their views, or contacting HCS Planning Group, preferably both. The need to monitor what is being planned for Hove has never been greater – so WATCH OUT and don’t lose your RIGHT TO OBJECT!

Carolyn Oxenbury

Vice-Chairman