POLICY/PROTOCOL/PROCEDURE |
|||
| Version | JULY 2026 FINAL | Comments | |
| Approval Date | 28 July 2026 | Responsible Officer | Town Clerk |
| Committee | Planning & Highways | Approval by | Full Council |
Version History |
||
| Date | Version | Comments |
| Feb 2017 | 1.0 | Drafted Planning Procedure drafted and adopted by Council Feb 2017 |
| 13 December 2022 | 1.1 | Planning Procedure reviewed for consideration by Planning Committee |
| 14 December 2022 | 1.2 | Planning Committee agreed at meeting to recommend to Full Council for approval. Town Clerk accepted tracked changes, subsequently noticed some typos after the meeting so amended. |
| 31 January 2023 | 1.2 | Full Council approved |
| 18 April 2023 | 1.3 | Planning Committee noted that Cornwall Council had updated their ‘Protocol for Local Councils’. Replaced Appendix with updated CC document accordingly. |
| 14 May 2024 | May 2024 FINAL | Council at its Annual Meeting agreed removal of ESD decision making option |
| 8 July 2026 | July 2026 draft | Review undertaken as detailed below for Committee to consider. |
| 14 July 2026 | July 2026 draft v2 | Committee recommended on to Council (14 July 2026) for approval and adoption with one minor typo as detailed in minutes. |
| 28 July 2026 | July 2026 FINAL | Adopted and approved by Full Council. |
PLANNING PROCEDURE
1. Planning Role
1.1 Like all Town and Parish Councils, Padstow Town Council is NOT a planning authority.
1.2 Padstow Town Council is a statutory consultee in the planning process and has a right to be informed of planning applications within its parish by the Planning Authority, Cornwall Council.
1.3 Padstow Town Council has delegated authority to its Planning and Highways Committee to consider planning applications. It can only comment on a planning application in the same way an individual can.
1.4 The length of time to determine an application is governed by Cornwall Council. Padstow Town Council can request an extension to this time however, the decision for this rest solely with the Planning Authority, Cornwall Council.
2. Planning Committee Meetings
2.1 Meetings of the Planning and Highways Committee follow Padstow Town Council’s Standing Orders and its own Terms of Reference. Padstow Town Council has also adopted the Code of Conduct for Members to support its duty to promote and maintain high standard of conduct by members of the Council.
2.2 Future meeting dates of the Planning and Highways Committee (held on 2nd Tuesday of each month at 7.00 pm) are advertised in advance on Council noticeboards and its website.
3. Planning application notifications & agendas
3.1 On receipt of a planning application notification from Cornwall Council (sent by email to enquiries@padstow-tc.gov.uk) the application is placed on the next available Planning and Highways Committee agenda.
3.2 If the application has arrived too late to add to the next available Planning and Highways Committee agenda; if time permits the application will be taken to the following meeting of the Planning and Highways Committee. If not possible, due to timings, in the first instance the Council Support Officer or Town Clerk will seek an extension of time to the deadline for a response in order that it may be discussed at the next available Planning and Highways Committee meeting.
3.3 If the request is not extended by Cornwall Council an Extra-Ordinary meeting of the Planning and Highways Committee will be held at 7.00pm, prior to Full Council meeting (if required) (this being advised at the foot of the Notification of Council and Committee Meetings list). Should a meeting be required sooner, the Town Clerk will consult with the Committee Chair (or in their absence Vice-Chair) to consider calling an Extra-Ordinary Meeting of the Planning Committee, if time allows.
3.4 On receipt of planning application notifications due for consideration, the Council Support Officer will inform Planning and Highways Committee Members and send them the hyperlink to Cornwall Council’s planning register, where they can view all the relevant paperwork and plans. Any Councillor of Padstow Town Council can be emailed this information upon request.
3.5 After 3pm on the day prior to the Planning and Highways Committee meeting the Council Support Officer will pull together a report which includes:- i) comments submitted to Cornwall Council’s Planning Department’s register; ii) comments submitted directly to Padstow Town Council (no anonymous comments can be included); and iii)_ comments from the Planning Officer; along with details on time when this was checked. NB: This information is a snapshot and taken at a moment in time – Planning and Highways Committee members to still be proactive in this regard.
3.6 All application details including notification, plans and relevant papers will be copied and available at the meeting or upon request to view prior to the meeting, if required.
4. Planning Decision
4.1 Only in exceptional circumstances will a planning application be re-considered if the Committee Chair [or in their absence the Vice-Chair] considers that new information has come to light after the original discussion which in their opinion is of material consideration. However, if the time for comment to Cornwall Council has lapsed and there is not enough time to hold a meeting on this matter before this time has lapsed, it cannot be re-discussed. If the Committee Chair so wishes, [or in their absence the Vice-Chair] can request that this new information be sent to Cornwall Council Planning.
4.2 The Council is a consultee; any subsequent concerns or queries following a decision will be directed to Cornwall Council Planning Department and/or the Local Cornwall Councillor to raise their concern in this regard.
4.3 Should the issue arise, as outlined in number 4.2, the Council Support Officer or Town Clerk to advise the Committee Chair and the Local Cornwall Councillor and respond to the person who raised the matter appropriately in line with this Planning Protocol.
4.4 Following the meeting [usually the day after] decisions will be updated by the Council Support Officer on the Padstow Town Council’s Planning Register and Cornwall Council duly notified, either by submitting them directly onto Cornwall Council’s planning register or by email.
5. Cornwall Council Planning Officer Disagreement/5 day protocol
5.1 If a Cornwall Council Planning Officer disagrees with the decision made by the Planning and Highways Committee in accordance with the ‘Protocol for Local Councils’ (appendix 1), the Town Council has three options:
a) Agree with the Planning Officer’s recommendation;
b) Agree to disagree; or
c) Having made strong planning reasons to maintain the original position on the proposal against Planning Officers recommendation and request that the application is determined by the Planning Committee. (which the Planning Officer will then discuss with the Divisional Member who may agree or disagree with our view).
5.2 The Planning Officer requires that we inform them which option we would wish to choose within 5 working days from the date of the communication. If option 3 is selected, the ‘Protocol’ explains the importance of a representative from our council attending and speaking at the Cornwall Council Planning Committee meeting so the Committee can fully understand the Council’s reasons for proposing a decision which is contrary to that of the case officer.
5.3 If we do not respond within 5 working days, a delegated decision will be issued in accordance with the Planning Officer’s recommendation.
The Town Clerk, in consultation with the Planning and Highways Committee Chair [or in their absence the Vice-Chair] to have delegated authority to response. If item c) above is decided, as per the Planning and Highways Committee Terms of Reference it will be required to appoint a member of the Committee to represent the Council at the Cornwall Council Planning Committee. This to be placed on the next available Planning and Highways Committee agenda for consideration.
5.4 If the Town Clerk and Planning and Highways Committee Chair is not comfortable in making such a delegated decision as per 5.3 above. They can either consult fellow Planning Committee Members [either by phone or email] and based upon their views respond appropriately via the Town Clerk or Council Support Officer. However, if they consider the matter to be particularly difficult, to call an Extra-Ordinary meeting of the Planning and Highways Committee to consider the matter [NB: This is required within the timescale set by CC].
5.5 The Councils Support Officer will record the 5-day protocol Planning Officer’s comments and the delegated decision and placing on the next available Committee meeting agenda so that the public and Committee are updated and informed.
6. Permission in principle applications
6.1 The Planning and Highways Committee will not consider these applications. The Town Clerk or Council Support Officer will reply to Cornwall Council Planning Authority as follows:
“As per Padstow Town Council’s Planning Procedure it will not comment on Permission in Principle Applications until the Technical Details Consent Application stage. Council’s Planning and Highways Committee agenda will be updated at its next available meeting and include details of any Permission in Principle Applications received in order that the Committee and public informed.”
6.2 An item will be placed on the next available Planning and Highways Committee agenda to notify of any Permission in Principle Applications received for information.
7. Non-Material Amendment Applications
7.1 Government set specific timescales to respond to this type of application (28 days). In order for Cornwall Council to respond within this timeframe consultation is limited to 14 days, with no option to request an extension of time.
7.2 If timings allow, such applications will be placed on agenda for consideration at the next available Planning and Highways Committee meeting.
7.3 If timings do not allow for consideration at a committee meeting, the Town Clerk in consultation with the Committee Chair, or Vice-Chair to have delegated authority to respond.
7.4 If the Town Clerk and Committee Chair (or Vice-Chair) is not comfortable in making such a delegated decision as per 7.3 above, they can consult fellow Committee Members [either by phone or email] and based upon their views respond appropriately via the Town Clerk or Council Support Officer.
7.5 An item will be placed on the next available Planning and Highways Committee agenda to notify of any Non-Material Amendment Applications received and response given for information.
8. Lawful Development Certificate Applications
8.1 These applications are determined under delegated powers by Cornwall Council and are assessed on matters of fact only, the planning merits of the development cannot be taken into consideration.
8.2 If timings allow, such applications will be placed on agenda for consideration at the next available Planning and Highways Committee meeting.
8.3 If timings do not allow for consideration at a committee meeting, the Town Clerk in consultation with the Committee Chair, or Vice-Chair to have delegated authority to respond.
8.4 If the Town Clerk and Committee Chair (or Vice-Chair) is not comfortable in making such a delegated decision as per 8.3 above, they can consult fellow Committee Members [either by phone or email] and based upon their views respond appropriately via the Town Clerk or Council Support Officer.
8.5 An item will be placed on the next available Planning and Highways Committee agenda to notify of any Lawful Development Certificates Applications received and response given for information.
9. Pre-applications
9. The Council adopt the Cornwall Local Council’s Pre-Application Protocol and A Model Approach to Pre-Application Discussions as detailed in Appendix 2.
10. Declaration of interest
10.1 Should the Chair of the Committee declare an interest in respect of a planning application relevant to items 4, 5, 6, 7 or 8 above, the Vice-Chair will be consulted by the Town Clerk. Should the Vice-Chair also have a declaration of interest, the Town Clerk or Council Support Officer will seek the views of the remaining Committee members in dealing with items 4, 5, 6, 7 and 8 and the Town Clerk will respond appropriately.