Archived decisions

Contact: Jeff Pattison, ext 7321; e-mail [email protected]

1 Summary

1.1 This report recommends revisions to the existing Local Code of Conduct for Councillors and Officers dealing with Planning matters adopted by the County Council in 1999 and more usually referred to as the Planning Probity Code.

2 Background

2.1 In 1999 the then Planning and Transportation Committee adopted a Planning Probity Code with the principal aim of demonstrating to the public that the County Council, would, in dealing with all Planning matters, demonstrate the highest standard of conduct and probity. The Code therefore explicitly applied to both County Councillors and Officers dealing with Planning matters.

2.2 The existing Planning Probity Code has served both the public and the County Council well since its adoption. However probity in Planning matters is an evolving principle and with time the public expect even higher standards from those Councillors and Officers dealing with Planning matters. As part of this evolving process the Local Government Association following the introduction of the new ethical framework for Local Government issued, last year, revised guidance on the role of Councillors and Officers when they are dealing with Planning matters. In addition to that the District Audit Service (now the Audit Commission) in September last year gave a presentation to members and Officers on Probity in Planning.

2.3 As a result of the revised principles put forward in the guidance from the Local Government Association and the Audit Commission the County Council's existing Planning Probity Code has been re-considered and a number of revisions have been proposed.

2.4 It is considered that in the light of the Standards Committee's Terms of Reference it rests with this Committee to recommend any revisions to the Planning Probity Code to the County Council. However, it will of course be for the Regulatory Committee which primarily deals with Planning matters to adhere to this code. In those circumstances it was considered appropriate to first present the revisions to the Code to the Regulatory Committee for their comments and observations. This was done at their meeting on the 10^th September 203 and the report identified the revisions made to the existing Planning Probity Code. A copy of that Report and the Revised Planning Probity Code as it was presented to the Regulatory Committee can be viewed as an attachment to the web version of this Report.

2.5 As Members will note, a number of technical changes were made to the Code to reflect the new style of working from the 1^st September 2001 and the adoption of the Model Code of Conduct for Councillors.

Perhaps the most significant change to the existing Code of Conduct and the one which caused most discussion and disagreement at the Regulatory Committee was the change proposed in relation to Site Visits by Members of the Committee. Central Guidance on Site Visits by Planning Committees is that they should be avoided if at all possible unless they are absolutely essential to the decision making process in terms of being able to visualise topographical and geographical features on the application site. If such site visits are necessary then the advice is that they should be carried out only by Members of the Committee and Officers, ie with neither the applicant or any local residents or objectors being present. Failing that, the site visit should be carried out on strictly the same basis as a Planning Inspector would do so during the course of a Public Local Inquiry.

2.6 Essentially the effect of this latter suggestion is that the site visit will take place with one single group of people including Members, Officers, the applicant and their representatives and local residents and objectors and any comments will be restricted to pointing out any topographical, visual, physical or other features on the site. The fundamental point is that representations concerning the merits or otherwise of the Application should not be made during the course of a site visit.

2.7 It is considered that to comply with this guidance and to avoid any allegation of perceived bias and therefore the consequent risk of decisions of the County Council being judicially reviewable the existing site visit procedure needs to be tightened up. It was initially suggested in the first revision to the Planning Probity Code considered by the Regulatory Committee that this could be best achieved by site visits being undertaken by a Viewing Panel of between five and seven Members who would then report on their findings to the Regulatory Committee. No others persons would be allowed to accompany Members on their site visit except Officers of the County Council.

2.8 When the issue of site visits was discussed at the Regulatory Committee it was this proposal as to how site visits should be best conducted that caused much discussion and disagreement. As a first point the Regulatory Committee considered that all Members should be given the opportunity if they are available to attend a site visit. The Regulatory Committee was also of the opinion that the Applicant and the representatives and local residents and members of the public etc., should also be given the opportunity to visit the site.

2.9 In principle there is no problem about site visits being undertaken by the whole Regulatory Committee or indeed other parties being present, provided that the existing procedures on site are tightened up and that comments made on the site by anyone present are related only to the physical and visual characteristics of the site. If anyone wishes to make representations on the merits or otherwise of the Planning matter then the appropriate way to do this is by making a formal deputation to the Regulatory Committee at the time that it is considering the Planning matter.

2.10 The fundamental reason for this procedure is to ensure fairness in that the whole of the Regulatory Committee including those who may not have been able to attend a site visit are aware of all the representations that may have been made by the Applicant or their representatives and any member of the public including objectors before they make their determination. It is also important that everyone else involved in the process is aware of all the representations being made to the Regulatory Committee. It follows, therefore, that if representations on the merits or otherwise of the Planning matter are made at a site visit not all of the representations may have been heard by all of the Members then present but they are also unlikely to be made known to those Members of the Regulatory Committee involved in the decision making but who were not involved or could not attend the site visit. Any other approach would not be or be perceived to be fair by other persons involved in the process and should therefore be avoided.

2.11 As a result of the comments of the Regulatory Committee and a subsequent discussion with the Chairman of that Committee it has been agreed to revise the Planning Probity Code so far as it relates to site visits. The revision now allows all Members of the Regulatory Committee to attend site visits but clarifies that the point of the site visit is simply to take into account visual characteristics of the site that may be pointed out to them but that representations on the merits or otherwise of the Application will not be allowed. The Chairman has also agreed in his introductory remarks at the start of the site visit to further clarify this position. On this basis the revised procedure for carrying out site visits can be recommended to the Standards Committee for adoption. A copy of the proposed Planning Probity Code is therefore attached for Members consideration as an appendix.

I should also add that the revised format for site visits is with the consent of the Chairman of the Regulatory Committee to be further discussed at their meeting on the 22nd day of October 2003, and the Head of Corporate and Legal Services will report to the Standards Committee on the outcome of the discussions on the further revised Planning Probity Code at the meeting of the Standards Committee.

3 Recommendation

That the Standards Committee recommend to the County Council that the revised Local Code of Conduct for Councillors and Officers dealing with Planning matters as contained in the Appendix be approved and adopted with effect from the 1^st January 2004.

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:

1 Published works.

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

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