Bury council has approved constitutional changes required by new government planning rules, a move that opposition councillors have branded an 'act of democratic self-harm' and which left no one happy.
Councillors from all parties raised 'grave' concerns about the new regulations, known as the National Scheme of Delegation, which change the way planning applications are decided. They labelled the changes a 'backwards step' and an 'unwelcome curtailing' of democracy.
How the New Planning Rules Work
Under the new rules, planning applications would be split into two tiers – Schedule 1 and Schedule 2 – designated by planning officers. Schedule 1 includes smaller and more technical applications that would only be dealt with by planning officers. Schedule 2 covers larger applications, which may be brought before the planning committee if agreed by the planning committee chair and the council's chief planning officer.
The move also removes elected members' right to 'call in' a planning application for scrutiny and debate. The new rules came into force at the end of October, with Bury council now having approved the change in its constitution needed to meet the new legal requirements.
Council Leader Admits Unhappiness
The motion was passed by the Labour group, which holds a majority on the authority. All opposition councillors voted against the changes. Addressing the chamber last night (Wednesday, November 11), Labour council leader Eamonn O'Brien admitted his group is equally unhappy with the changes.
He said: "Just to make it clear, our position on this side of the chamber is that this is an unnecessary change in the legislation around planning, that in many ways it's a backward step in an era of devolution, and that it is an unwelcome curtailing of local democracy."
However, he warned councillors that refusing to implement the changes would create a 'very real risk' that the council would be 'in charge of no decision-making' when it comes to planning applications. This would 'effectively stop anything from happening for the foreseeable future' with 'no plausible exit'.
Opposition Voices and Legal Risks
The Ministry of Housing, Communities and Local Government's (MHCLG) position is that as of October 31, local planning authorities must determine all planning applications in accordance with the new rules. If their constitutions have not been updated, as is presently the situation in Tameside, their planning committees would be operating outside these rules and all decisions will be made by planning officers by default. Where local planning authorities do not comply with the regulations, decisions may be subject to judicial review which may lead to the quashing of decisions.
Opposition councillors claimed they had been contacted by scores of residents calling on them to reject the new legislation, with one claiming he had received 100 emails about the issue. Each speech against the motion was met with loud applause from the public gallery.
Reform UK group leader Jack Rydeheard said councillors were being 'asked to roll over and accept a diktat from a government led by a man who wasn't even in Parliament when it came to power' and who has 'painted himself as the poster boy for devolution while removing local planning powers'.
Coun Rydeheard added: "These new planning regulations within this constitution update silence residents and councillors and are an act of democratic self-harm. Under these proposals, a thousand strong petitions and marches would be ignored. Ward members cannot call in a planning application. One officer and one member decide if residents get heard at all [...] This is an insult to democratic process. It is an act of constitutional vandalism."
Leader of Radcliffe First Carol Birchmore said: "Quite frankly, it is not democratic. And those who accept this should ask themselves whether or not they genuinely believe this is in the best interest of their residents."
Conservative group leader Shahbaz Arif said the changes would 'reduce the voice of local councillors' and 'move important decisions further away from the people who have to live with the effects'. He added: "They deserve a voice in decisions that affect their homes and communities. That is why the Conservative group will vote against this recommendation. We are here to stand up for our residents, not ignore them. We are here to protect our green spaces and to defend our local democracy."
Together for Bury councillor Jo Lancaster said: "My concern is that we risk creating a system where local people feel increasingly powerless over decisions that directly affect their communities [...] We should not be making it harder for residents to have their voices heard."
Council Leader's Response
Following the meeting, Coun O'Brien said: "Opposition councillors spent the evening objecting to a law that Parliament has already passed, and not one of them offered a workable alternative. Voting against would have left the law exactly where it is and left Bury unable to decide planning applications. Labour kept decisions in the hands of local, elected councillors, and we will keep lobbying through the Local Government Association for this law to be reviewed."
Last year, 95pc of applications determined by the council were decided by council officers under delegated powers. The council said just 0.7pc of its decisions were subsequently challenged and lost at appeal.
