Making Yourself Heard
Public Speaking at Nottinghamshire County Council Planning and Licensing Committee
The County Council has adopted a Code of Best Practice for members of its Planning and Licensing Committee made up of a number of County Councillors. The Code incorporates a protocol allowing public speaking at meetings of Planning and Licensing Committee in relation to planning applications being determined by the Council.
Your access to the decision making process
The following explains how to go about speaking to Councillors in Planning and Licensing Committee before they take a decision about a planning application. It may be relevant to you if you:
- Object to or support an application
- Wish to speak on behalf of an objector or supporter
- And you have already sent your views in writing.
Frequently asked questions
Which applications go to Committee?
Where and when are Committee meetings held?
Who may speak?
How a request to speak must be made?
How does the scheme operate?
How long may speakers take?
What can and can not be said?
What happens next?
What happens if the matter is deferred?
What happens after the Committee meeting?
Which applications go to Committee?
The Council has the option to deal with certain matters through its Planning and Licensing Committee or through a process of decision making by officers using powers delegated to them by the Council. If an item goes before Planning and Licensing Committee you have the right to speak at the relevant meeting.
Where and when are Committee meetings held?
Meetings are normally held once a month at County Hall on Loughborough Road in West Bridgford. Committee reports are available five workings days before the committee meetings.
Who may speak?
Anyone who has made a written submission in connection with an application to be discussed at Committee will be notified in writing of the date of the meeting at which the application is to be first discussed, and will be given an opportunity to speak at the meeting. The written submission must have been received by the time the papers for the meeting are prepared– that is ten clear working days in advance of the meeting.
Speakers may be either in favour of the application, or in opposition to it.
Public speaking is only allowed where the application is being referred to Committee for a decision, (eg. to grant or refuse permission). Occasionally, progress reports on particular matters are taken for information purposes, or to arrange site visits. No public speaking is allowed in respect of such reports.
How a request to speak must be made
Anyone who has made a valid written submission (which shall include those made by e-mail) at least ten clear working days before Committee and who wishes to speak at a particular Committee must first register their wish to speak with the relevant officer. Registration must take place no later than three clear working days before Committee – for example if Committee was to meet on Tuesday, the registration to speak must be with the relevant officer by 4.00pm on the preceding Wednesday.
To register your wish to speak please complete the Registration Form. This form should only be completed and returned once invitations to speak have been sent out.
Anyone wishing to speak will be chosen on a "first come, first served" basis as a maximum of three speakers will be entitled to speak in opposition to a proposal, and three in support. Early registration of a request to speak is therefore encouraged. Those registering will be asked to supply contact details, in case they need to be advised of changed arrangements – for example if an item is withdrawn from the agenda.
Where a group of representatives wish to speak, it is recommended that they nominate a spokesperson to address the Committee on their behalf and that person registers their wish to speak as soon as possible.
How does the scheme operate?
Should a speaker not be able to attend in person, or is unable to speak for themselves for whatever reason, someone nominated by them may act as a substitute speaker, providing they have written confirmation from the registered speaker that the person can speak on their behalf. If a registered speaker does not attend the meeting, Committee will continue to consider the matter on the basis of any written submission made by that person.
Although it is not necessary for local residents to employ specialists or lawyers to speak on their behalf, such circumstances will be permissible. Similarly groups may choose to employ someone to speak on their behalf if they so wish.
Representatives of national or local organisations and bodies, or spokespersons on behalf of consultees will not be allowed to speak, unless with prior written agreement of the Chair.
Those persons who are confirmed as speakers must make themselves known to the Planning Support Officer at Committee 30 minutes before the start of the Committee in the room where the meeting is to take place, so that they can be given instructions on procedure. They should hand in a written summary or transcript of the points they will be making to assist in the production of the Committee Minutes. Such summaries should be handed in prior to the start of the meeting, but they will not be circulated to Members during the meeting.
Those allowed to speak may not make additional written submissions to the Committee, nor will they be allowed to hand out any further documentation such as photographs or plans. Any supplementary information or representations should have been made to the Council in advance. The use of overhead projectors, slide projectors or PowerPoint displays is not allowed.
In accordance with the Council’s Standing Orders, no cameras, tape recorders or other types of recording equipment shall be permitted to be used/operated while at the meeting unless with the prior permission of the Chair.
What happens in the meeting?
The Chair will introduce the item, and ask the relevant Officer to present the item, who will highlight any key points and add any further information relevant to the report.
Before speakers begin their address to Committee, they will be asked to say who they are, where they live or who they represent.
The Chair will invite any speakers to address the Committee in this order:
a) Those speakers who have been properly registered to speak in opposition to the matter under debate;
b) Those speakers who have been properly registered to speak in favour of the matter, including applicants and/or their agents seeking planning permission;
c) Representatives of relevant Parish Councils followed by representatives of relevant District/Borough Councils. NB This can include speakers on behalf of authorities which adjoin the area within which the application under discussion is located, including adjoining County Council representatives. (Other County Council Members not on Committee may speak – see paragraph below).
If a speaker from an Authority mentioned above is speaking on their own behalf or on behalf of local residents, but is not speaking as a formal representative of a District, Borough or Parish Council, or on behalf of an adjoining Authority, they should register to speak in the normal way as a private individual having first made a written submission.
Those persons addressing the Committee are not allowed to ask questions of Members, Officers or of each other.
Through the Chair, Members may request the speaker to clarify any particular point, although it is emphasised that Members must not enter into debate with the speakers on the merits or otherwise of the proposals at that point of the proceedings.
How long may speakers take?
Each speaker, whether speaking as an individual or as part of a group (or deputation), will have a maximum of three minutes.
Speakers will be advised when the final minute of their allotted time has been reached, so that they may conclude their presentation ensuring all relevant points are made to Committee. They will be asked to end their speech as soon as the three minute period has been completed.
County Council Members
Any County Councillor who considers that the item under consideration may have a relevant impact on their Division, and who is not on Committee, may, with the consent of the meeting, address Committee, although they cannot vote. As this arrangement is outside of this Protocol, but covered by Standing Orders, there is no imposed time-limit on speaking. Such Members should advise the Clerk of the Committee, or Chair, well in advance of the meeting.
In the event of this occurrence, the Member(s) shall address the Committee after the public speaking session but before the relevant officer has responded on any points raised during the public speaking session.
What can and can not be said?
Speakers must address only issues relevant to the matter in hand and its determination by the Committee. This will include the effects of the proposal on the environment and impact on them as local residents. Speakers must not refer to non-material issues such as property rights, any covenants relating to land, competition, moral or personal issues, and loss of view or property value.
Speakers must not make any defamatory comments, nor use insulting or unacceptable language, nor in any way behave so as to disrupt or delay the work of Committee. The Chair shall have the discretion to curtail the speaking opportunity in such circumstances, may ask speakers to leave the room, or in extreme circumstances may adjourn the meeting.
What happens next?
Following the public speaking and speeches by non-Committee Members, the Chair may ask the relevant officer to comment on any other matters of fact arising from what has been said.
Speakers may remain in the room, but are not allowed to join in with the discussion, unless specifically requested by the Chair to clarify a matter that has arisen during debate, and which cannot be dealt with by officers.
Members will then debate the matter, and in line with current standing orders will reach a decision without any further public involvement.
Once the decision is made, speakers may remain in the room or may leave before the next item on the agenda.
What happens if the matter is deferred?
Should the matter under consideration be deferred for a site visit or for any other reason, following a debate at the meeting, no further opportunity for public speaking shall be allowed unless a period of six months or more has elapsed.
Only in exceptional circumstances will additional public speaking outside of the above arrangements be allowed, and that shall only be with the agreement of the Committee, and may, for example, be when new evidence or information has come to light, or where substantial changes have been made to a proposal, which renders it significantly different from what had been previously considered. The test will be whether further public speaking will assist Members of Committee to come to a more well-informed decision.
Should the item be deferred before the public speaking period had commenced, or withdrawn from the agenda entirely, those registered to speak will be notified of the date when the Committee will consider the matter, and they will be given the same opportunity to speak at the later meeting?
What happens after the Committee meeting?
Everyone who has made written representations will be notified in writing of the Committee’s decision.
Special Presentations for major planning applications
In line with the Code of Best Practice for Planning and Licensing Committee, in exceptional circumstances, relating to major planning applications of exceptional public interest, 'special presentations' may be given to Members of Planning and Licensing Committee.
Normally a request for a special presentation will come from a group or organisation either in support or more likely in opposition to a particular proposal. Following agreement by the Committee or by the Chair to allow a special presentation, the group or organisation who has requested such an opportunity shall be notified in writing that their request has been granted.
The timing of the presentation shall be decided by Committee or by the Chair but it would normally be the same meeting at which the planning application to which it relates is to be determined, as an additional part of the normal public speaking arrangements.
No more than three organisations or groups in opposition to the proposal shall be allowed to give a special presentation to Committee, and no more than three organisations or groups in favour of the proposal shall be allowed to give a special presentation.
The maximum time allowed for each presentation shall be ten minutes.
The content of each presentation must be related to the application, and must only contain material pertinent to the consideration of the planning merits of the proposal.
A written transcript of the presentation shall be given to the Clerk of the Committee at least three working days before the date of the special presentation.
Any handouts or photographic material that it is intended to distribute to Members shall also be given to the Clerk of the Committee at least three working days before the presentation. A minimum of 15 copies of each document shall be provided.
Should it be intended to use a computer based presentation with PowerPoint or similar systems, a copy of that presentation must be given to the relevant officer at least three working days before the date of the presentation. The presentation may be on either CD or memory-stick. Responsibility for the proper working of the CD or memory stick shall rest with the person giving the presentation and in the event of any technical problems which prevents the presentation using electronic media then no delay to the Committee meeting or special presentation shall be permitted. In these circumstances the person giving the presentation shall rely on printed hand-out material and any verbal presentation.
Unless these instructions are complied with, the Chair of the Committee reserves the right to refuse the use of such support material, and to direct that the presentation continues without their use so as not to delay consideration of the matter.
Once the public speaking part of the Committee has been opened, those giving special presentations will be called forward in the order of objectors first, with supporters to follow the last presentation opposing the application.
The presentation may be given by more than one speaker. Speakers will be advised when there is only one minute remaining so that they may conclude their presentation. When the maximum ten minutes have elapsed, speakers will be required to end the presentation irrespective of whether the speaker has reached the end of the presentation or not.
Through the Chair, Members may ask speakers for clarification on any point raised during a presentation but there shall be no debate on the merits or otherwise of the proposal at that point in proceedings.
At the completion of the special presentations, the normal public speaking arrangements will resume in the order of individual objectors (up to a maximum of three), individual supporters (up to a maximum of three) and then Parish Council, District Council (or representatives from an adjoining authority) and finally Local Member(s) not on Committee.
At the conclusion of the public speaking session (or in the Chair’s discretion at the end of each presentation or speech), speakers will be asked to return to the public gallery (if in the Council Chamber) or for seats reserved for the public if held elsewhere. (Where the public session has been prolonged, the Chair may seek a short adjournment).
Officers may be requested to clarify or comment on any points raised in the presentation or normal public speaking session, and thereafter the Committee will continue to debate the item in the normal way.
Access/Other formats
This leaflet and the registration form can be made available in other formats on request. County Hall is wheelchair accessible. If you have any other special requirements please contact us on tel: 0115 977 4277.
Contacting us
Address:
Planning Support Officer
Development Management
Trent Bridge House
Fox Road
West Bridgford
Nottingham
NG2 6BJ
Tel: 0115 977 4277
Fax:0115 977 4214
E-mail: development.management@nottscc.gov.uk
