Bid to speed up planning applications in Portsmouth is sent back for being 'unconstitutional'

The council’s scrutiny panel members narrowly agreed that Lib Dem cabinet member for planning Lee Hunt should reconsider his decision to make it more difficult for applications to reach the planning committee, backing a call-in from Tory opposition spokesman Ryan Brent.

'It's worrying that he feels entitled to make the decision he did,' Cllr Brent said. 'Our constitution says that if anything impacts more [councillors] than just the one making the decision then there's a process to follow - it's not adding extra red tape.'

His call-in of the July decision to increase the threshold of objections at which a planning application is considered by the planning committee was based on 'precedent'.

This, he said, was set by Cllr Hunt's predecessor Hugh Mason who referred similar proposals to the governance committee last year. It also said Cllr Hunt was not given enough legal advice to be able to properly reach a decision.

'The proper authority, to me, is at least [the governance committee] or really full council,' Conservative panel chairman Matt Atkins, whose casting vote was required to approve sending the decision back, said. 'But he has asserted, without any qualification, that he has the absolute right.'

He said the decision was 'unconstitutional' and that it could be challenged through a judicial review. He said this route had not been pursued because there was a fear it could open up the council to legal challenges from the public.

But Cllr Hunt said his decision was fully lawful and that his only aim was to reduce the backlog.

'I'm interested in doing the right thing for people who have been waiting for their planning applications to be heard,' he said. 'I had all the information - the officers submitted a good report - to make the decision. I made it in the full knowledge of the decision of Cllr Mason.'

He said the decision to call in the decision was only adding further delay in bringing in efforts to tackle the backlog and that he would approve the changes again.

Labour councillor Judith Smyth, the chairwoman of the planning committee, voted against the move proposed by Cllr Atkins, despite admitting to concerns around Cllr Hunt's decision.

She said there was an urgent need to make progress in dealing with the year-long waiting list of applications.

However, her party colleague councillor Graham Heaney backed Cllr Atkins' proposal, allowing it to pass.

Following the decision of the panel, Cllr Hunt will now have to reconsider the issue at a future meeting. The issue will also be referred to the governance committee.