We will bash on about this again and again: the TAFF CAN discuss planning and planning applications and should do so without the presence of EDDC’s CEO

13 Mar

See here.

The bit councils always quote is:

Excluded matters3.  Subject to article 4, the descriptions of matters specified as excluded matters for the purposes of section 9FC of the Local Government Act 2000 are—
(a)any matter relating to a planning decision;
(b)any matter relating to a licensing decision;
(c)any matter relating to a person in respect of which that person has a right of recourse to a review or right of appeal conferred by or under any enactment;
(d)any matter which is vexatious, discriminatory or not reasonable to be included in the agenda for, or to be discussed at, a meeting of the overview and scrutiny committee or at a meeting of a sub-committee of that committee.

THE BIT THEY DO NOT QUOTE IS WHAT FOLLOWS ON IMMEDIATELY FROM THAT:

Systemic failure in discharge of functions not an excluded matter

4.—(1) A matter does not fall within a description in article 3(a) to (c) if it consists of an allegation that a function for which the authority is responsible has not been discharged at all or that its discharge has failed or is failing on a systemic basis.
(2) Paragraph (1) applies notwithstanding the fact that the allegation specifies or refers to—
(a)any matter relating to a planning decision;
(b)any matter relating to a licensing decision; or
(c)any matter relating to a person in respect of which that person has a right of recourse to a review or right of appeal conferred by or under  any enactment.

THERE HAS BEEN SYSTEMIC FAILURE.  THE TAFF CAN AND SHOULD DISCUSS PLANNING APPLICATIONS.  THE CEO SHOULD NOT SIT ON THE TAFF OR EVEN BE IN THE ROOM UNLESS HE IS CALLED FOR BY THE CHAIRMAN.

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One Response to “We will bash on about this again and again: the TAFF CAN discuss planning and planning applications and should do so without the presence of EDDC’s CEO”

  1. pablo the fox March 13, 2013 at 5:03 pm #

    I think that you have got this spot on…it is a systemic problem. I suppose its not really surprising that this has all taken place. If you think about it, planning is the single most important regulatory/legal function undertaken at local level. I’m not sure I agree that its the engine of the economy given that it all depends ultimately upon borrowed money (mortgages) to underpin it rather than being underpinned by manufacturing directly as such. But the borrowing does generate prodigious cash flows which are obviously going to attract speculators of various kinds and persuasions So it is vital that the whole planning process is demonstrably squeaky clean. Trying to “precondition” the TAFF in this way doesn’t exactly build confidence in the process does it? Keep on hammering away at it!! Systemic failures/problems require systematic investigations….

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