Agenda item

To consider and adopt revised versions of the Members’ Code of Conduct for Planning Committee, the Code of Conduct for Member Site Visits and the Protocol for Hearing Representations at Planning Committee.

The Committee received a presentation from the Legal Officer on the revised Codes and Protocols for the Planning Committee.  The revised Code and Protocols was a joint report from the Assistant Director of Planning and the Monitoring Officer.   The report detailed three “Planning Procedures” that applied specifically to the work of the Planning Committee:

1. The Members’ Code of Conduct for Planning Committee
2. The Code of Conduct for Member Site Visits
3. The Protocol for Hearing Representations at the Planning Committee

The Planning Procedures were previously formally within the Council’s Constitution however, since the Annual Council in May 2007 they had ceased to be part of the Constitution but remained in force to regulate the proceedings of the Planning Committee.  They were now under the control of the Planning Committee.

The three “Planning Procedures” had not been amended significantly since May 2002.  There had been many changes over the last five years that needed to be taken into account.  The most important was the new national Members’ Code of Conduct that applied to all the work of local Councillors.  The major changes to the “Planning Procedures” were as follows:

Members’ Code of Conduct

The Members’ Code of Conduct also took into account new legislation updated to include the Planning and Compulsory Purchase Act 2004.  There was a significant change to reflect best practice with regard to Members training.  Members were now required to have undertaken appropriate Planning training before participating in planning decisions.  Paragraph 5.06 detailed the dangers of reaching conclusions in advance of the Committee meeting and added the risks of “bias” and “pre-determination” which could expose a decision to legal challenge.  Paragraph 5.12 dealt with “personal involvement” of Members with parties to applications and paragraph 7 detailed a Member declaring a prejudicial interest.

Code for Member Site Visits

The procedure now generally adopted for site visits was an official visit arranged by officers in advance of the report being considered by the Committee.  Members should try wherever possible to attend the official visit.  A personal visit by a Member alone was the “fallback” option.  Changes were made to paragraph 3.02 and 3.03 to achieve a fair and transparent process during site visits.  In most cases objectors against and supporters of the application would not be invited and Members would be guided around the site by officers alone.

Protocol for Hearing Representations at Planning Committee

The changes to paragraph 2.01 – 2.03 were intended to put beyond doubt the different procedures applied to members of the public, applicants and others outside the Council who were required to complete a standard form when they wished to address the Committee.  The procedure for Members not on the Planning Committee and officers outside the Planning Service who should give advance written notice to the Chair when they wished to speak.  Applications where the recommendation was for refusal, the applicant and supporters would be allowed to address the Committee.

The Committee queried the procedure for not allowing objectors and supporters to attend site visits.  Previously members of the public had been allowed to attend site visits unless there were exceptional circumstances.   It was noted that site visits were arranged and conducted by experienced officers of the Council, therefore it was a question of managing the visits.   The Committee was advised that these were matters for the Planning Committee to approve and adopt.  The Director in consultation with the Chair decided who would attend site visits.  Objections to an application should be made at the Committee which was open and transparent to all interested parties.

The Committee requested to defer the decision on the recommendations to approve and adopt the revised Codes of Conduction and the Protocol for hearing representations for the Planning Committee.  On a vote there were four for and five against this decision.  The Chair moved a motion to grant the recommendations outlined in the report.  On a vote there were five for and four against. 

RESOLVED

That the recommendations as outlined in the report be agreed.