Bolton councillors have voted to accept controversial new planning rules 'under protest' after the authority was left operating unlawfully since the start of November.
Since November 1, the council has been breaking the law by failing to implement new government reforms on how planning applications are approved or denied. In early October, planning delegation changes needed for England's new national rules were rejected by a majority of councillors.
Planning system 'paralysed'
That decision meant the authority's planning department was acting unlawfully as the statutory regime took effect on November 1. This week, councillors heard that the borough's planning system is currently 'paralysed', that any decision made would be unlawful and that no committee meetings can legally take place in Bolton.
In a move to resolve the stalemate, the council held an additional full council meeting to reconsider the national changes. Leader of the council, Labour's Akhtar Zaman, said he agreed that the legislation would 'erode local democracy' but the authority had an obligation to work within the law.
He said: "We as an authority are not happy with these proposals and they will have a detrimental effect on decision-making.
"It is the duty of all planning authorities, no matter how unpalatable we may find the changes to be, to ensure legislation is enacted.
"If we do not accept this all planning decisions will be considered by courts not to have been taken legally.
"Those members who vote against this will do so in the full knowledge that it will close down the planning department and plunge individuals and businesses across this borough into chaos.
"If you do this you are abandoning your legal duties as councillors."
Amendment accepted 'under protest'
Horwich and Blackrod First leader David Grant proposed an amendment which was accepted by the majority of council members. It accepted the legal changes 'under protest' but sought ways to challenge the new legal framework.
The accepted motion recognised the council 'faces severe administrative and operational risks if we simply refuse outright'. It stated 'local democratic accountability, ward member involvement, and the right of local communities to have planning applications decided by locally elected councillors are being undermined by central government intrusion'.
The accepted motion also sought to bring a legal challenge to the Secretary of State with regard to the changes, possibly alongside other like-minded councils.
Coun Roger Hayes (Lib Dem) said: "We have a choice to not break the law and let the planning department continue to function in a less democratic way but at least function, or we have that taken off us and we effectively break the law."
Opposition and impact
Conservative leader Nadim Muslim said his group would be voting against the motion and amendment. He said: "Residents deserve to have their voices heard by those they elected.
"Members have said that should we reject these changes, we may no longer have a planning committee.
"But I ask you what sort of committee will we have if we accept them, one stripped of any real substance."
Under the November 1 changes, more applications will be decided by planning officers rather than by a committee of elected members. The government has said this would make planning applications quicker, more efficient and reduce the number of decisions overturned on appeal. Larger and more contentious applications would still need approval from planning committees.
Green Party leader Hanif Alli said: "This bitter pill is being rammed down our throat by the Labour government.
"The amended motion by Coun Grant is sensible, you've found a middle road and you're also saying let's lobby other councils and so that's why I'm supporting it."
