The reference back system

Under the terms of the Members' Code of Conduct for Development Management, when members of the Planning Committee resolve to make a decision that is contrary to officer's recommendation and/or established policy, the case is automatically referred back to the next meeting.

What is the reference back system?

The reference back system ensures that any approvals or refusals given to an application for planning permission which are contrary to the recommendations by an officer and/or policy are discussed again before a final decision is taken.

There are two reasons for referring back a decision that is contrary to the recommendation by an officer and/or established policy. These are:

1. The Law

The law requires that all planning decisions are made on planning grounds only. It also requires that all decisions are made in accordance with policy, unless there are good planning reasons not to do so.

Referring a decision back allows members of the Planning Committee to be advised on whether the reasons that they have put forward for doing so are lawful.

2.Accountability

When a planning application is determined in accordance with the written report and recommendation, there is a clear written record of the reasons why that decision was made. Any member of the public can read the report and understand why the Planning Committee made the decision they did.

In cases where a decision is contrary to the written report and recommendation, there is no comparable written statement explaining why and how the decision was made. Referring a decision back will ensure a written record is made and the reasons for the contrary decision are clearly set out and available for members of the public to read.

This increases the transparency and accountability of the decision-making process.

What happens if your application for planning permission is referred back?

The planning officer will submit a further report which records and analyses the reasons the members put forward verbally for going against the officer's recommendations or approved policy.

All the information that went to the previous meeting is also added to the reference back report. Applicants and other interested parties cannot speak on these items. The reasons are then discussed at the beginning of the next Planning Committee meeting.

Applications are then issued with a decision notice setting out the terms of approval or refusal.