Delegated Powers Policy for Handling Planning Applications, Correspondence and other Urgent Matters
Thimbleby Parish Council Delegated Powers Policy for Handling Planning Applications, Correspondence and other Urgent Matters
1. Purpose
This policy outlines the delegated authority granted to the Clerk of Thimbleby Parish Council to manage planning applications, correspondence, and urgent matters between ordinary bi-monthly council meetings, ensuring timely responses while maintaining transparency, accountability, and compliance with legal obligations.
2. Scope
This policy applies to:
- Planning application consultations received from the local planning authority.
- Routine correspondence requiring a response before the next scheduled council meeting.
- Urgent matters where delay would prejudice the council's interests or statutory obligations.
- Publicising relevant matters on the council's website and approved social media platforms.
3. Legal Framework
This policy complies with:
- The Local Government Act 1972, s.101 (delegation of functions) and Schedule 12 (meetings).
- The Town and Country Planning Act 1990 (as amended).
- The Localism Act 2011 (Code of Conduct and declarations of interest).
- Freedom of Information Act 2000.
- Data Protection Act 2018 (UK GDPR).
- Thimbleby Parish Council’s Standing Orders, Financial Regulations, and Councillors’ Code of Conduct.
The Clerk will act within the council's adopted policies and statutory powers.
4. Delegation to the Clerk
The Clerk is authorised to exercise delegated powers in the following circumstances, subject to compliance with statute and the Council’s adopted policies and transparency obligations:
4.1 Planning Applications
- Minor Applications: The Clerk may submit comments on minor planning applications (e.g., small-scale extensions, single dwellings, or changes of use with minimal community impact) after consulting at least two councillors and confirming their declarations of interest.
- No Objection Cases: Where no material objections exist, the Clerk may submit a "no objection" response following consultation, provided no councillor has a declarable interest.
- Objections or Significant Applications: Major applications (e.g., large developments, listed buildings, or those significantly affecting the parish) or applications raising concerns will be deferred to an extraordinary in-person meeting or the next scheduled ordinary council meeting, subject to deadlines agreed by the relevant Planning Authority.
- Deadline Constraints: If a planning authority deadline falls before a council meeting and an extension cannot be secured, the Clerk may submit a response after consulting councillors.
- Publicity: The Clerk is delegated to publicise planning applications on the council's website and approved social media platforms including application details, deadlines for public comments. Publicity will comply with Data Protection Act 2018 requirements.
4.2 Correspondence
- Routine Correspondence: The Clerk may respond to routine correspondence (e.g., acknowledgments, requests for information, or standard consultations) that align with existing council policies or resolutions.
- Urgent Correspondence: For time-sensitive matters, the Clerk will consult at least two councillors and act in accordance with their guidance.
- Significant or Policy-Changing Matters: Correspondence requiring new policy decisions or significant financial implications will be referred to the full council, unless urgency necessitates delegated action.
- Publicity: The Clerk is delegated to publicise relevant correspondence (e.g., consultations or notices affecting the parish) on the council's website and approved social media platforms, ensuring information is clear, accurate, and compliant with Data Protection Act 2018.
4.3 Other Urgent Matters
- The Clerk may act on urgent matters (e.g., health and safety, legal obligations, or minor financial commitments within budget limits) after consulting the Chair or Vice-Chair, ensuring alignment with Standing Orders, Financial Regulations, and other policies.
- Publicity: The Clerk is delegated to publicise urgent matters (e.g., emergency notices or safety alerts) on the council's website and approved social media platforms, ensuring timely communication with residents while adhering to legal and data protection requirements.
5. Councillors' Declarations of Interest
- Councillors consulted under this policy must comply with the council's Code of Conduct, as adopted under the Localism Act 2011, and declare any Disclosable Pecuniary Interests (DPIs) or other interests related to planning applications, correspondence, or urgent matters dealt with under this policy.
- If a councillor has a Disclosable Pecuniary Interest or other interest, they must not participate in the consultation, and the Clerk will consult other councillors.
- The Clerk will record any declarations of interest in a log of delegated actions and report them at the next council meeting.
6. Consultation Process
- The Clerk will consult councillors via email, phone, or in-person discussion, ensuring a minimum of two councillors are involved and have confirmed no conflicts of interest.
- A record of consultations, including councillor feedback, declarations of interest, and the Clerk's decision, will be maintained and reported at the next council meeting.
- Where possible, the Clerk will circulate planning applications, correspondence, or urgent matters to all councillors for transparency, subject to Data Protection Act 2018 requirements.
7. Transparency and Statutory Compliance
- Freedom of Information Act 2000: The Clerk will ensure that records of delegated actions, are available upon request, subject to exemptions under the Act (e.g., personal data or confidential information).
- Data Protection Act 2018 (UK GDPR): The Clerk will handle personal data in accordance with the council's data protection policy, ensuring confidentiality and secure storage of records related to planning applications, correspondence, urgent matters, and councillor declarations of interest. Publicity on the website and social media will exclude sensitive or personal data.
- Delegated decisions and publicised matters will be published in minutes which appear on the council's website or noticeboard to promote transparency, in compliance with statutory requirements unless deemed to be confidential.
8. Limits of Delegated Powers
The Clerk shall not:
- Make decisions on major policy changes or unbudgeted expenditure exceeding £500.
- Act contrary to existing council policies and resolutions.
- Submit comments on planning applications or correspondence, or publicise matters, where consulted councillors disagree or have declarable interests, unless urgency requires a neutral or holding response.
- Publicise information that breaches the Data Protection Act 2018 or other legal obligations.
- Make decisions that are reserved for full Council only such as adopting a budget, resolving a precept, approving the Annual Governance and Accounting Return (AGAR).
9. Reporting and Accountability
- All actions taken under delegated powers, including publicity activities, will be reported at the next council meeting, with a summary of decisions, consultations, declarations of interest, and outcomes.
- The Clerk will maintain a log of delegated actions, compliant with the Freedom of Information Act 2000 and Data Protection Act 2018, and report these to the next meeting of the Parish Council to be minuted.
10. Extraordinary Meetings
Where a matter is considered too significant for delegated powers but requires a response before the next scheduled meeting, the Chair or two councillors may call an extraordinary in-person meeting to consider the issue, in accordance with the Local Government Act 1972 and as specified in Standing Orders.
11. Review of Policy
This policy will be reviewed at least bi-annually or as required to ensure compliance with legislation, including the Local Government Act 1972, Freedom of Information Act 2000, Data Protection Act 2018, and the council's Code of Conduct and other policies. Amendments must be approved by the full council at an in-person meeting.
Adopted by Thimbleby Parish Council Name on 7th May 2025.