Protocol for the Right to Speak at Planning Committee and Strategic Applications Sub-Committee meetings

In this protocol reference to Committee shall be construed (as appropriate) to either the Planning Committee or the Strategic Applications Sub-Committee.

  1. When an application before the Committee for decision has a related petition of objection of 25 signatories (or more) or 15 (or more) individual letters of objection, a spokesperson for the objectors is given the right to address the Committee. The spokesperson may be the lead petitioner, a representative of the written objectors, their agent, or their ward councillor. A person seeking to exercise the above right to speak must lodge a written request with the Council’s Committee Services by 12 noon, 3 working days prior to the Committee date.
  2. It will be a matter for the Chair (where appropriate with prior consultation with ward councillors) to determine who should speak for objectors if more than one objector has requested to speak. The Guidance on Speaking at Committee contains more details on this process.
  3. Where there is a second petition the Chair will generally exercise a discretion to allow one spokesperson for the additional petition to speak to provide the Committee with further information other than what has already been said. A further two minutes is allowed for secondary petitioners to make representations to the Committee.
  4. A Ward Councillor may address the Committee on any application made in relation to their Ward or made in relation to a matter which will have implications for their ward.
  5. If a statutory consultee or local consultee wishes to make representations on any application before the Committee, they shall be able to do so. They will be given a maximum of 3 minutes to address the Committee.
  6. The applicant or their agent will be given the right to speak in respect of their application whether or not the petitioners’ or objectors’ spokesperson has exercised their own rights to speak.
  7. Time limits for speakers – Speakers will be expected to conclude their presentations to the committee within 5 minutes. All time allocations referred to in this protocol do not include the time spent in answering any questions the Committee may raise with the speaker. saying no material to be circulated at the meeting unless by prior agreement
  8. Members of the Committee have the right to speak at Committee meetings as set out in the Council’s Standing Orders.

Guidance on the Right to Speak at Planning Committee and Strategic Applications Sub-Committee meetings

If you are thinking of speaking at the committee meeting, please read the following guidance:

Right to speak at the Planning Committee meeting

When an application before the Committee for a decision has a related petition of objection of 25 or more signatories or 15 or more individual letters of objection;

(i) a spokesperson for the objectors is given the right to address the Committee the spokesperson may be the lead petitioner, a representative of the written objectors, their agent or their ward councillor.

(ii) the applicant or their agent will be given the right to speak in respect of their application whether or not the objectors or petitioners have exercised their own rights to speak.
A person seeking to exercise the above right to speak must lodge a written request with the Council’s Committee Services by 12 noon, 3 working days prior to the Committee date. With the Chair’s discretion however, a person may speak if they have not lodged their request in time.

When an objector has the right to speak

In addition to applications where there is a valid petition of 25 or more signatories, applications will also go before Committee where there are 15 or more written objections from different households. If you want to be considered for speaking at Committee please therefore leave an email address with any objection so that you can be contacted if this trigger figure is reached.

Once written objections reach the trigger point (15 objections) you will be contacted by a democratic services officer and asked to confirm if you want to speak
It will then be a matter for the Chair (where appropriate with prior consultation with ward councillors) to determine who should speak for objectors if more than one objector has requested to speak.

Number of people allowed to speak

In circumstances where more than one petitioner and/or objector wishes to speak the chair will invite you to nominate one spokesperson. If there is a second petition for or against, then the Chair will generally exercise a discretion to allow one spokesperson for the additional petition to speak to add to what has already been said.

Time allowed

A total of 5 minutes is allowed for the lead petitioner. A further 2 minutes is allowed for secondary petitioners. The applicant or their agent will have 5 minutes to respond.

Ward councillors will have five minutes to address the committee on any application made in their ward.

Consultees will have 3 minutes to address the committee.

This time allocation does not include time spent answering the committee's questions.

The Committee may ask questions

The questions will be limited to clarification on what has been said. You may decline to answer questions.

Circulation of photographs, drawings or other plans

The circulation of photographs, drawings or other plans to committee members will not be allowed at the meeting. However, these can be submitted in advance of the meeting by post or email to the relevant planning officer. In order to allow time to properly review any material and included in the late representations report to members. Please ensure they are submitted to the relevant planning officer by 12 noon, 3 working days before the meeting.

The time of arrival of people wishing to speak

Persons wishing to speak should arrive no later than 5.45pm and report to the democratic services officer giving your name and the item you wish to speak on.
Key ‘Material Planning Considerations’ that the committee considers when looking at a planning application

Material Considerations:

  • Local Plan policy
  • National government Guidance
  • Case law and previous decisions
  • The effect on the enjoyment of neighbouring properties
  • Design and appearance of layout
  • Conservation matters
  • Highway safety and traffic

Not Material Considerations:

  • Matters covered by other laws. (e.g. Licencing)
  • Private property rights (e.g. boundaries or access disputes)
  • The developers motives
  • Possible future development
  • Loss of view over other people’s land
  • The effect on the value of the property
  • Covenants

The committee procedure

The chair will take items dependent upon the number of people in attendance.

  1. The application is introduced by the Chair
  2. Presentation of report by planning officer
  3. The Chair will call upon the spokesperson for a petition objecting to the proposal to speak. Committee members may ask questions of clarification
  4. The Chair will call upon the spokesperson for the objectors to the proposal to speak. Committee members may ask questions of clarification
  5. If there is a petition in support of the application the Chair will call on them to speak. The Committee members may ask questions of clarification
  6. The Chair will call upon the applicant or their agent to speak. The Committee members may ask questions of clarification
  7. The Chair may ask a ward councillor to speak and Committee members may ask questions of clarification
  8. The Chair will ask if any consultees wish to address the Committee. Committee may ask questions of clarification
  9. The planning officer will comment on any factual matters raised by the speakers
  10. The Committee will debate the applications and ask questions to officers
  11. The Committee will vote on the application and reach a decision
  12. After each decision the Chairman will inform the meeting of the decision

Further Information

www.gov.uk/guidance/determining-a-planning-application
www.wirral.gov.uk/planning-and-building/planning/planning-decision-process