Frequently Asked Questions - Planning Application for Mosque in Camberley

Planning applications and process

What are the applications for 282 London Road in Camberley?

Two applications have been received by Surrey Heath Borough Council, one for a mosque at 282 London Road, Camberley and the other seeking consent for the demolition of existing buildings in the Conservation Area to make way for the proposed mosque.

Have the applications been approved?

Both applications were recommended for refusal by planning officers at the Planning Applications Committee meeting on January 25. However at the meeting Members voted that they wished to approve the applications against officer recommendation, but planning permission could not be granted during the meeting due to our procedural rules which needed to be adhered to.
These rules state that where the committee is minded to grant planning permission for an application which has been recommended for refusal, and the application has the required number of objections to trigger the public participation scheme, consideration of the application will be deferred to allow public participation to take place.

As members were not made aware of this requirement, any decision taken on the night could not be finalised without a further meeting.

How did the error happen?

The procedure rules which trigger public participation were not highlighted during the meeting on January 25. Had the rules been made known to our members appropriate arrangements could have been made to defer the decisions.

What will the Council do to avoid this happening again?

In light of what has happened on this occasion the council is reviewing its Planning Applications Committee procedures to ensure this situation does not occur in the future.

What happened next?

The Council's Monitoring Officer reviewed the process and asked Full Council on February 17 to consider his report and decide the best way to have the planning applications properly and fairly considered again. No decisions were made on the applications themselves at this meeting.

The Council's decision was to arrange a special meeting of the Full Council to consider both the applications. This will now take place on March 10 at the Camberley Theatre.

Why does it have to go to Full Council?

The Full Council report to Members on February 17 sets out the reasons for taking the decision, but factors taken into account include:

1. At the meeting, once Members had decided to reject the officer's recommendation, they did not receive appropriate and correct advice that the only course of action open to the Committee was to defer consideration of the application to the next committee meeting to allow public participation. They voted believing they could make a substantive decision on the application and in doing so some Members expressed clear intention as to their views on the application.

2. Members have a duty to keep an open mind on applications and listen to all the evidence and arguments before making a final decision.

3. It is imperative when making decisions on planning matters that the Council's procedural rules are adhered to as any decision based on unsound procedures may render the decision subject to challenge;

4. The Council's Public Participation procedures are designed to ensure that both the applicant (and their supporters) and objectors to the application are given an opportunity to address the Committee on matters relevant to the planning application and at a time when all Members have maintained an open mind to the application and its merits.

5. The Monitoring Officer acknowledges potential difficulties that some members of the Committee may have in determining the application with an apparent open mind.

When and where will the Full Council meeting to consider the applications take place?

The meeting is at the Camberley Theatre, Knoll Road on Wednesday March 10 at 7pm. Doors will open from 6pm and tickets will be issued as people enter the theatre on a first-come first-served basis.

PROCEDURES AT THE MEETING

Can I speak at the meeting?

The public participation scheme for the council meeting on March 10 came into effect following a decision made at the Full Council meeting on February 17. This means there will be a limited number of people attending who are selected prior to the meeting to take part in the public speaking.

Anyone who had already lodged comments or objections to the applications or made a request to participate in public speaking was notified in writing about the arrangements for the March 10 meeting.

How were public speakers chosen for the meeting?

In accordance with the council's Public Speaking Rules, only those objectors with addresses within the vicinity of the site, determined in this case as St Michaels, Town and Watchetts wards, are eligible to speak at the meeting.

To register participation in the public speaking, those receiving the letter were advised to contact the council either by phone, fax or email.

The number of people who can speak at the meeting is limited. Speakers were selected on a first come first served basis in accordance with the council's public participation scheme.

It is the Council's practice to pass the contact details of registered speakers to others who have asked to speak, but who were unsuccessful, so that the speakers may consider including their concerns in his/her speech or sharing the allocated 4 minutes.

Why is the applicant able to use a specialist planning professional / agent to speak?

The public participation scheme states the applicant or their agent can speak in support of the application and we are therefore complying with the agreed scheme.

The selected objectors taking part in public speaking have been advised they can share their 4 minutes with other objectors or appoint someone else to speak on their behalf.

How many will be speaking for and against?

For the mosque application, three speakers and one residents' association speaker can speak in objection and the applicant and three speakers can speak in support.

For the Conservation Area Consent application for demolition of existing buildings, one speaker and one residents' association speaker can speak in objection and the applicant can speak in support.

What is the role of the public at the meeting?

The public may attend to observe the process. Other than those who have specific permission to speak and address the Council, no member of the public should participate in any way in the proceedings. If members of the public interrupt proceedings, the Mayor may order their removal or adjourn the meeting until order is restored.

VENUE

Why is the meeting ticket based on a first come first served basis?

Due to the high level of public interest, the meeting is being held at the Camberley Theatre on Knoll Road, which can accommodate around 360 members of the public, whereas the council chamber has a capacity of 150. Although holding the meeting in the theatre has the benefit of almost doubling the capacity, we are aware that this capacity is limited.

As the Council cannot select attendees, a process of first allowed through the doors of the venue is the only fair way of giving access to the public. Tickets will be issued to those entering in order to identify numbers and ensure available seating arrangements. Only one ticket will be issued to each person applying at the door.

Why were Borough residents not given priority when it came to ticket allocation at the meeting?

This is a public meeting and we are not legally permitted to restrict access to anyone regardless of where they live. We are hopeful that those members of the public who are most affected by the planning applications will have the opportunity to attend.

We would however ask the wider public to respect the need for local residents to be given the maximum opportunity to hear the debate and decisions which will have a bearing on their local community.

What about those who come hoping to get into the meeting but are unable to get a ticket?

We are keen to accommodate as many members of the public who make the effort to get to the theatre. However in the interests of health and safety, capacity is limited to 360. We will also keep a count of those queuing to advise people if there are more than 360 in the queue they are unlikely to gain admission.

What will happen if there is a disturbance at the meeting?

An information sheet will be handed to everyone coming into the meeting advising that the Full Council meeting is a formal occasion with the Mayor and all members present and that the public are welcome to attend the meeting as observers. Any disturbance or disruption during the meeting will not be tolerated and may lead to offending parties being excluded from the meeting. We would hope that people attending the meeting will respect that it is a very formal and civic occasion.

What about arrangements for people with disabilities?

Members of the public with disabilities who are planning to attend the meeting on Wednesday are advised that should they have a disability which means they are unable to wait in the queue, they should come to the theatre doors. At that point staff will assess by checking numbers in the queue whether the theatre will have reached capacity. If it has reached capacity the member of the public will be informed that there are no seats available, if not they will be provided with a ticket and will be able to wait within the Theatre.

Wheelchair users who are planning to attend the meeting on Wednesday are advised that, although the Camberley Theatre is a fully accessible building, the auditorium is only licensed to accommodate six wheelchairs. In addition, due to health and safety regulations, all wheelchair users must be accompanied by a companion. The spaces for wheelchair users will be allocated on a first come first service basis. Again they should come to the Theatre doors on arrival where theatre staff will assess the situation.

Will children be able to attend the meeting?

We are hoping to accommodate as many members of the public with a direct interest in this meeting as possible and due to its extremely formal nature we would strongly recommend that children under the age of 16 do not attend. We would not wish to place parents in the position of having to remove their children from the meeting due to any upset that they may experience during the meeting.

COUNCIL MEMBER INTERESTS

Can Council Members who attended the Planning Applications Committee meeting of 25 January 2010 take part and vote in this meeting?

The decision a Member needs to make before determining whether they can participate in the meeting is based on whether they believe they have a closed mind to the issue under consideration at the meeting.

A Councillor is unlikely to face issues of bias if the second meeting is for them to reconsider a matter in the light of new evidence or representations. Councillors are entitled to have and express their own views, on the basis that they are prepared to reconsider their position in the light of all the evidence and arguments. This is known as predisposition. They must not, however, believe or give the impression that their mind is closed on the matter. This is known as predetermination and is unlawful.

What is predisposition?

Predisposition is where a councillor has a particular view before considering an issue. The predisposition can be strong and can be publicly voiced. They may even have been elected specifically because of their views on this particular issue; it might be in favour of or against a particular point of view. However, the councillor must be open to the possibility that they will hear arguments during the debate about the issue that may change their mind about how they intend to vote. As long as they are willing to keep an open mind about the issue they are entitled to take part in any vote on it.

What is predetermination?

Predetermination is where the councillor's mind is closed to the merits of any arguments which differ from their own view about a particular issue on which they are making a decision. The councillor therefore makes a decision without taking all relevant information and evidence into account.

Can all of the Council's elected members speak and vote on the application?

Yes, but with the following exceptions:

Any elected member who declares a personal interest as defined in the members Code of Conduct (Constitution Part 5 Section A) may continue to take part and vote.

Any elected member who declares a personal and prejudicial interest as defined in the members Code of Conduct may exercise their right to speak (because members of the public are permitted to speak) but must withdraw and take no further part before any voting takes place.

Any elected member who is predisposed to a particular view does not need to disclose this and may continue to take part and vote.

Any elected member who has predetermined a particular view must declare their pre-determination and should withdraw from the meeting.

Any elected member who has not received current Planning Applications Committee training will not be permitted to take part in the meeting (Constitution Part 5 Section F paragraph 15).