Bolton Council is currently 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.
That decision means the authority’s planning department is currently acting unlawfully as the statutory regime took effect on November 1. Currently, any planning decision made by the planning committee would be unlawful and no committee meetings can legally take place in Bolton.
Council to Reconsider Changes
In a move to resolve the stalemate, Bolton Council will hold an additional full council meeting on November 10 to reconsider national changes to the planning system. Opposition parties are set to table an amendment to the proposed changes in delegation required by the law which seeks to require the council to write to every planning authority in England appealing to them to build a joint coalition, pool resources, and share costs to resist the new scheme.
The amendment, tabled by Horwich and Blackrod First member David Grant and seconded by Conservative leader Nadim Muslim, involves looking at the potential costs of a legal challenge and the prospect of successfully bringing a legal challenge to the secretary of state.
Impact of the New Rules
Under the November 1 changes, more applications would 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.
However, many opposition councillors at the town hall railed against the changes at the October meeting. Speaking about next week’s council vote, Coun Grant said: “At its core, this cross-party stand is about protecting the democratic rights of local people to shape and have a say in their own communities, pushing back against central government interference in local planning decisions. While the council is formally required to adopt the procedural changes to avoid administrative gridlock, the amendment ensures Bolton will do so strictly ‘under protest’.”
Next Steps
If the amendment succeeds, council officers will report back to a council scrutiny committee before any formal legal action is taken. Labour and Liberal Democrat councillors were outvoted on last month’s motion to accept changes to the council’s constitution, with the Conservative, Reform UK Green groups and other opposition parties voting against. That left the borough’s planning system gridlocked.
The motion to amend the council constitution will be put to full council again on Tuesday, November 10. A spokesman for the council said: “Nationally the new rules apply from October 31. This means Bolton council will not legally be allowed to hold planning committee meetings or determine any planning applications until the constitution is amended. The council will continue to receive and assess new and existing applications during this period. Unfortunately disruption to the planning system locally and delays to decisions are inevitable.” The council did not wish to comment on Coun Grant’s amendment to the motion.
