Contact: Liz Ellam, ext 7371

1 Summary

1.1 This Report recommends revisions to the Local Code of Conduct 1999 in the light of the change in the Constitution of the County Council, the adoption of the Model Code of Conduct and other suggested amendments in the light of best practice. At the last meeting of the Committee the taking of a decision on the proposed revisions to the Local Code of Conduct was deferred to allow the matter to be considered further. Discussions have now taken place with Chairman Cllr West and Officers and this Report has been revised accordingly. The Regulatory Committees observations on the revised Code are sought prior to submission to the Standards Committee for adoption.

2 The Revisions

2.1 Amendments to reflect the change in the Constitution.

(i) References to the Planning & Transport Committee have been changed to the Regulatory Committee

2.2 Amendments to reflect the change in the organisation's structure:

(i) References to the County Planning Officer have been changed to the Chief Planning Adviser

2.3 Amendments to reflect the adoption of the Model Code of Conduct:

(i) References to Pecuniary Interests and the National Code of Local Government have been replaced with references to personal and personal prejudicial interests and the Model Code of Conduct

2.4 Changes in the conduct of site visits to remove any potential for lobbying of members, the appearance of bias and the consequent risk of judicial review.

2.5 Changes in the deputation procedure:

2.5.1 Under the Constitution Standing Order 21 it is noted that the purpose of allowing deputations is to give members of the public an opportunity to address the Committee. "Elected Members (including those of other Councils) have other opportunities to bring matters to the Council's attention and will not be received under the provision of Standing Order 21".

2.5.2 However, it is considered that in certain cases, representatives of both Parish/Town and District Councils may wish to address the Committee and therefore it is recommended that both Councils should be permitted to make deputations.

3. Other Matters

3.1 Political Pre-Meetings

Paragraph 4.3 of the Local Code of Conduct addresses political pre-meetings stating " .... Any political group meetings prior to Committee meetings should not be used to decide how Councillors should vote and votes on such matters should not be taken at such political group meetings. The view of the Ombudsman is that the use of political `whips' at group meetings in this way amounts to maladministration".

It is recommended that no political group meetings are held in advance of the main Committee Meeting, because of the perception of predetermination that this causes on the part of the applicant/objectors/members of the public .

However, should members decide to hold such meetings they must not predetermine any issue, or decide as a block how to vote.

3.2 Annex to Code of Practice

Details of the Annex are likely to change in the light of legislative changes proposed in the Planning & Compulsory Purchase Bill.

The Committee are asked to authorise the Chief Planning Adviser to make such changes as may be necessary to the Annex as a result of any legislative change.

3.3 Safety of Council Officers

There have recently been incidents including threats to officers and intimidating behaviour on the part of aggressive landowners.

Clearly the safety of Council Officers is of paramount importance and to this end the Committee are asked to endorse the following course of action:

Where officers have been threatened, the Legal Practice will write to the perpetrator advising them that this is unacceptable and if the incident is more serious or repeated, the matter will be referred by the Legal Practice to the Police.

3 Recommendations

That Members:-

1) approve the Code of Conduct as amended

2) note other matters raised

3) authorise the course of action as in paragraph 3.3 of the Report

4) receive copies of the Code and any amended Annexe in due course

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes :

Published works.

Documents which disclose exempt or confidential information as defined in the Act.

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