Issue - meetings

Any other items which, pursuant to Section 100B(4)(b) of the Local Government Act 1972, the Chairman decides are urgent.

The Chairman allowed an item of urgent business relating to a matter which had arisen since the agenda for the meeting was published.

The Head of Planning informed the Committee of a recent judgement of the Supreme Court relating to a decision of a local planning authority (taken by the Planning Committee) to grant planning permission for a development against the officer’s recommendation given to the Committee.  In such circumstances, the Supreme Court had ruled that there was an explicit duty on the authority to set out the reasons for taking the decision, in order that there should be no doubt as to why planning permission had been approved.  The judgement included some guidance on the standard of reasons that should be given.  In commenting on the case a leading law firm had advised that such reasons should be recorded in writing.

The Committee recognised the value of the adopted local practice of arranging for the preparation of a ‘blue sheet’ in advance of a meeting of the Planning Committee where there was a possibility that consideration may be given to a motion to take a decision contrary to officer advice.  This should ensure that any such decision taken in Bracknell Forest would have well formulated reasons set out in full and would comply with the principle of the Supreme Court ruling.