To submit a report by Bob Thomas (Team Leader) Joint
Planning Policy Unit.
Additional documents:
Minutes:
An overview of the purpose of the Supplementary
Planning Guidance was given, and it was noted that the
main aim was to assist applicants when they submit and prepare planning
applications and those who determine the application, be they Officers,
Councillors or an independent Inspector.
In the context of the SPG in question, it was noted that a public consultation period had taken place
between December 2018 and January 2019. In addition, the Guidance had been
through a scrutiny process in both Councils and had been subject to an
independent critical evaluation by experts within the Language Planning field.
As a result of the Scrutiny process, feedback
was received from the Gwynedd Communities Scrutiny Committee as well as the
Anglesey Scrutiny Committee, the table included in paragraph 4.2 and 4.3
(respectively) recorded the response of the Joint Planning Policy Unit to
individual observations.
During the public consultation period, 88
individual observations were received (these can be seen in Appendix 1b of the
report). It was noted that the majority of the observations received were
constructive and often proposals of minor amendments to the contents of the Guidance
were proposed as a result of a comment received. Where
there is no recommendation to amend the Guidance as a result
of a comment, a note of explanation/reason is noted for that decision. Often
that reason deals with the fact that the matter referred to within the comment
had been included in another section of the Guidance.
It was noted that a full copy of the Guidance
had been included in Appendix 2, that had incorporated
the amendments suggested following public consultation.
Matters raised:
• Was there a response to the legal opinion
received on behalf of the Welsh Language Society.
• A request was made
for clarity regarding when an Assessment/Statement would be required (what are
the thresholds). Reference was made to the table included in Para. 4.2 of the guidance, and the question raised by Gwynedd
Council's Communities Scrutiny Committee concerning the same matter.
• It was asked how
the thresholds regarding when an applicant is requested to submit a
Statement/Assessment compared with the current requirements (i.e. the
requirements set out in Gwynedd Council's Supplementary Planning Guidance
concerning Planning and the Welsh language).
• It was asked if
there are any examples of specific developments where no consideration would be
given to the impact on the Welsh language. Are there some types of applications
that could slip through the net.
• There was an enquiry on the status of the
'Supplementary Planning Guidance' as they are only 'guidance'. Has any advice
been included within the Guidance regarding what the implications would be if
the applicant did not comply with these Guidance.
• It was noted that there had been a lengthy scrutiny and consultation process when preparing the Guidance, including a process of independent evaluation by external experts in the field in question and therefore it was noted that the member was comfortable with its contents and the reasoning behind ... view the full minutes text for item 5
To submit a report by Bob Thomas (Team Leader) Joint
Planning Policy Unit.
Additional documents:
Minutes:
Gareth
Jones (Senior Planning and Public Protection Manager) gave an overview of the
scrutiny process that had been followed by both
Councils as part of the process of preparing the Guidance. It was noted that the Communities Scrutiny Committee (Gwynedd
Council) and the Scrutiny Committee (Anglesey County Council) had been given an
opportunity for pre-scrutiny of the Guidance, and had received a report on the
public consultation that had been held on the Guidance.
For
a number of reasons, no formal observations had been received on the Public
Consultation Report by the Communities Scrutiny Committee (Gwynedd Council),
following the statutory public consultation period which was undertaken in
December 2018 and January 2019 on the Guidance (draft).
Reference
was made to the fact that a legal opinion had been
received a few days before the Committee meeting. Due to the receipt of the
legal opinion, and the fact that the Scrutiny Committee had been unable to
provide observations on the Public Consultation Report, it was recommended that
the item be postponed, in order to:-
1)
Provide time, up to 5 July
2019, for the Communities Scrutiny Committee (Gwynedd Council) to submit its
observations on the responses to the public consultation held between December
2018 and January 2019 to the Joint Planning Policy Unit.
2)
Provide time for the Unit
to advise the Committee regarding the Scrutiny Committee's observations and the
legal opinion that had been received that week.
3)
Submit an amended report to
the Joint Planning Policy Committee that had been arranged
for 17 July 2019.
It was noted that
these reasons were consistent with the request to defer the decision on the SPG
that had been received from the Scrutiny Committee.
Matters raised:
·
Concern was
expressed about making a decision on the matter due to the risks
associated.
·
It was questioned whether
it was appropriate to consider the observations that had been received (from
the Scrutiny Committee (Gwynedd Council) and the legal opinion) as they had
been submitted after the public consultation period had ended.
Response:
·
It was
noted that the Council had issued a clear statement confirming that the
Council had complete faith in the SPG and that the Council's stance on the
matter was entirely clear.
·
Due to the nature of the
observations, and the fact that a legal opinion had been received, it was
considered that it would be wise to give due consideration to the matter in
order to respond fully.
Decision – To postpone the item until the next Joint
Planning Policy Committee meeting that had been arranged
for 17 July 2019.