To consider the above report

Members considered recommendations from the Planning and Housing Overview and Scrutiny (O&S) Panel.

Councillor Kellaway, Chairman of the O&S Panel, introduced the report. He explained that four years previously the council had started a pilot scheme to allow Neighbourhood Plan representatives to speak at Development Management Panels. Four years on duplication was occurring as parish councils also had the right to speak. It was therefore recommended that the pilot be concluded. He highlighted that Village Design Statements (VDS) were not planning documents and were therefore not on the same level as Neighbourhood Plans. Cookham had a VDS but was about to embark on a Neighbourhood Plan process. The final recommendation was for mandatory training for regulatory panels. This would be particularly important as there would be new councillors in May 2019.

Councillor Jones commented a number of training sessions should be offered in different locations.

Councillor Bateson commented that once a Neighbourhood Plan had been to referendum and then adopted by the council, it was put on the shelf under the Borough Local Plan. Effectively there was no Neighbourhood Plan at this stage as it was in the hands of the council. In Ascot and the Sunnings a Neighbourhood Development Group had been created after the plan had been adopted, but this was totally different to a Neighbourhood Plan group as it was arranged by residents.

Councillor S Rayner asked for confirmation that residents would continue to have the right to speak at Development Management Panel meetings.

Councillor E. Wilson stated that it was an excellent report however he had one reservation in relation to the parished and unparished areas. Two models were being proposed, one which allowed elected accountable people to speak and one where unelected and unaccountable people would be able to speak (even if they were doing good work). It felt like a quasi-parish council would be created in the unparished areas of Windsor and Maidenhead.

Councillor Saunders commented that the Cookham VDS had preceded the introduction of Neighbourhood Plans. A VDS was a supplementary planning document with clear legal status but was subordinate to the Borough Local Plan and the NPPF and therefore could only be defined as guidance. In contrast a Neighbourhood Plan, provided it did not conflict with the Borough Local Plan on strategic matters, had weight and could therefore define policies. Cookham Parish Council and the Cookham Society were now looking at a Neighbourhood Plan, which would subsume the VDS. He was personally grateful to the Cookham Society for their strong and productive guardianship approach to planning issues in Cookham. It had a substantial membership across the parish but would respect the rights of the parish council to speak at Development Management panels alongside residents.

Councillor Hunt commented that paragraph 2.12 of the report was incorrect as the Hurley and Walthams Neighbourhood Plan steering group had been made up of parish councillors, local people, and people from the village associations.

Councillor Kellaway confirmed that members of the public would continue to be able to speak at Development Management Panels, no changes were proposed. The chairman retained the right to determine how the time was allocated. In relation to the comment by Councillor E. Wilson, the proposals were trying to bring equity so that an unparished area had its own rights. The Cookham VDS was frequently referred to in planning matters relating to Cookham. In relation to Hurley and the Walthams, he commented on the odd situation where Burchetts Green was split between Hurley parish and Cookham parish and therefore had access to six borough councillors, two parish councils and its own village committee.

Councillor Coppinger, as Lead Member for Planning, thanked Councillor Kellaway and the O&S Panel for this and the previous report, which brought sensible changes and confirmed roles for clarity.

It was proposed by Councillor Kellaway, seconded by Councillor Coppinger, and:

RESOLVED UNANIMOUSLY: That Full Council agrees:

i)          The public speaking right pilot is concluded.

ii)         To make formal amendments to the Constitution that secures the following:

a.    Village Design Statements are not development plan documents and are not recognised as being similar to neighbourhood plans.

b.    Once a Neighbourhood Plan has been adopted, a neighbourhood plan steering group or successor group or constituted interest group operating in the locality ceases to qualify for public speaking.

c.    Only Parish Councils retain the separate right to speak at a Development Management Panel meeting save for those parts of the Borough which are non-parished and for which the Neighbourhood Forum has/will have the right to speak. For those Parish Councils progressing a Neighbourhood Plan either the Parish Council or the neighbourhood plan steering group is entitled to speak but not both.

iii)            Mandatory training for Members in relation to regulatory matters, which must have taken place since the Member was last elected. Mandatory training attendance to be published on the council website.