PART 4E1 PROTOCOL FOR PUBLIC REPRESENTATIONS AT PLANNING COMMITTEE

The following procedure shall be followed at the Planning Committee meetings for the purpose of enabling members of the public to make representations.  This protocol supplements the Committee Procedure Rules which are published at Part 3C of the Constitution, and the two should be read together.

1. A planning officer will introduce the planning application and display any plans as well as bringing to Members’ attention any new matters that have arisen since the agenda was prepared. Members may ask questions of the planning officer.

2. Objectors (or their representative) have an opportunity to address Members.  Where there is more than one objector, the clerk to the Committee will require the objectors to nominate a spokesperson.  Exceptionally, and at the Chair’s discretion, more than one objector may be allowed to speak, but only where new material issues are to be raised.  Members may ask questions of the objectors only for the purpose of clarifying matters of fact already raised during the objector’s presentation.

3. Ward Members, a representative of Rottingdean Parish Council and a representative of a neighbourhood forum may address the meeting in relation to any planning application before the Planning Committee that falls within or affects their ward/area.

4. The applicant (or their representative) has an opportunity to make representations in support of the application, but only if the recommendation is to refuse or there are ward Members, a representative of Rottingdean Parish Council, a representative of a neighbourhood forum or objectors speaking against the application. Applicants will make their representations after all other speakers have spoken. Applicants will be notified of any notice of intention to speak.  Members may ask questions of the applicant only for the purpose of clarifying matters of fact already raised during the applicant’s presentation.

5. Members may receive legal and other professional advice as necessary during the proceedings.

6. In the interests of efficient despatch of business, the following rules regarding speaking time per application will apply:

· A total time of 3 minutes shall be allowed for all objectors. Where the Chair permits more than one objector to speak, the time will be divided equally among the objectors (unless they come to some other arrangement between themselves.)

· A total time of 3 minutes shall be allowed for Ward Members. Where more than one Ward Member wishes to speak, the time will be divided equally among the Ward Members (unless they come to some other arrangement between themselves

· A total time of 3 minutes shall be allowed for Rottingdean Parish Council

· A total time of 3 minutes shall be allowed for a neighbourhood forum

· A total time of 3 minutes shall be allowed for the applicant.

· In exceptional cases, these timings may be extended at the Chair’s discretion.  An exception may involve an abnormal weight of objections or support or where the application is particularly complex.

7.      A person wishing to speak at a meeting of the Committee shall give written notice of their intention to do so to Democratic Service 4 clear days before the meeting (Normally, the Committee meets on Wednesdays which means the notice has to be received by the preceding Friday).  The applicant and other persons wanting to make representations will be notified of the arrangements for public speaking by being sent a copy of this protocol together with contact details.  Applicants may be given the right to speak notwithstanding that they have failed to give the required notice.

8. For the purposes of this protocol:-

· the term “objector” shall mean a person who lives in the immediate vicinity of the application site or who otherwise may reasonably be considered to be potentially directly affected by the proposed development

· the term “neighbourhood forum” means a neighbourhood forum designated as such in accordance with the Localism Act 2011

Requests or applications for the discharge or variation of completed s106 planning obligations

9. In those cases where the request or application is to be determined by the Committee, developers or their agents requesting or applying for the variation or discharge of completed s106 planning obligations have the opportunity to address the Committee for a total of 3 minutes in support of their request/ application. The opportunity arises whether the officer recommendation is to agree or to refuse the request/application. Four clear days’ notice of the intention to address the Committee shall be given to Democratic Services.  Members may ask questions of the developer /agent only for the purpose of clarifying matters of fact already raised during the developer’s/agent’s address.

10. The Committee or the Chair may waive any of the requirements of this protocol if satisfied on legal and professional advice, and only in exceptional circumstances, that it is appropriate to do so in the circumstances.