Contact: Roger Lawes, ext 6743 email: [email protected]

1. Summary

1.1 A Best Value Service Review of development control carried out in 2002 highlighted the lack of written processes and procedures governing the consideration of planning matters. At its meeting on the 28 July 2004 this Committee was made aware of the work being undertaken to overcome this omission and resolved to set up a small Panel of Members to act as a sounding board for the recommendations coming from this work.

1.2 The first outcome was the Development Control Charter adopted by this Committee at its meeting on 29 October 2004. That charter deals with the procedures for processing planning applications, monitoring compliance with planning conditions and enforcement. This report deals with a Member protocol for the procedures to be followed in determining planning applications and considering other development control matters. The Protocol was considered by the Members' Panel on 24 November 2004.

2. Member Protocol for the Consideration of Planning Matters

2.1 The key issues discussed by the Panel on the draft member protocol were:

Declaration of Interests

2.2 Members accepted that there was often confusion over what comprises personal and prejudicial interests and that the resolution of the matter during Committee meetings can not only cause delay but also give the appearance of uncertainty and indecision. They supported the proposal that wherever possible, Members should resolve any queries in advance of the relevant meeting.

Committee Procedure

2.3 Members agreed that there was a need to establish a clear procedure to be followed when items are considered by the Committee. The order proposed in the protocol was considered fair as it would give all parties the opportunity to comment and the Chief Planning Adviser the chance not only to update Members and the public on matters that had arisen since the report was drafted and circulated, but also to advise Members on the relevance of matters raised by deputees and amend recommendations in the light of the debate.

Training for Councillors

2.4 Members agreed that training was essential if Members of the Regulatory Committee were to keep up to date with the rapidly changing nature of the planning and enforcement regime. They agreed that Members should be expected to have undergone a basic level of training before becoming a voting member of the Committee and that refresher training should, from time to time, form part of the normal Committee proceedings. They were, however, concerned over the degree of prescription proposed in the protocol and wondered if such forceful measures were either practical or enforceable. They also thought that at least every four years after the County Council elections, a special training event should be held and that this event should be referred to in the protocol.

3. Conclusions

3.1 It is perfectly acceptable for the Regulatory Committee to agree and operate a set of detailed rules for managing its business provided, of course, that these rules supplement rather than attempt to replace the procedures and protocols established in the County Council's Constitution. Indeed, it is considered good practice for Committees dealing with regulatory matters to adopt detailed working practices not only in the interest of efficiency and consistency, but also to provide clarity for those using the service.

3.2 The purpose of the proposed Member Protocol is similar in that regard to that of the Development Control Charter adopted last October: namely to establish procedures and aid public understanding of the processes involved in development control. The attached draft seeks to achieve the appropriate balance between the drive for improved performance and effective community engagement in the process by establishing the processes to be followed by County Councillors when determining planning applications and considering other development control issues e.g. enforcement.

3.3. The Protocol will apply to all County Councillors involved in decisions on planning matters, or who are consulted on planning applications to be determined by officers under delegated authority. It supplements the Local Code of Conduct on Planning Matters adopted by the County Council at its meeting in April 2004.

3.4 The degree of prescription on training is consistent with what is now considered appropriate by many authorities. A straw-poll of neighbouring authorities and district councils has highlighted that many operate a rigid training protocol. It is not unheard of for other Councils to apply the training requirement very rigidly even to the extent of new Members attending meetings but not voting until the relevant basic training programme has been completed.

3.5 A new Regulatory Committee will be appointed after the County Council elections in May 2005. That event provides the opportunity to establish the new training protocol by arranging a major basic training event, similar to that run in April 2004, for all Members prior to the first meeting of the new Committee in June 2005.

Recommendations

(i) That the Member Protocol attached as an Appendix be adopted for the purpose of establishing the procedures to be followed in determining planning applications and considering other development control matters; and

(ii) In consultation with the Chief Executive's Department, arrangements be put in hand for an induction event in May 2005 to meet the basic needs of the new Regulatory Committee and once the arrangements are known all prospective candidates made aware of the date.

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APPENDIX

HAMPSHIRE COUNTY COUNCIL

LOCAL PROTOCOL FOR ELECTED MEMBERS INVOLVED IN THE CONSIDERATION OF PLANNING MATTERS

General

1. The County Council is determined to ensure that all decisions on planning matters are seen to be open; fair and impartial.

2. This Protocol provides the background to the processes followed by County Councillors when determining planning applications and considering other development control issues e.g. enforcement.

3. All County Councillors involved in decisions on planning matters, or who are consulted on planning applications to be determined by officers under delegated authority, are bound by this Protocol.

4. This Protocol is supplementary to the provisions of the Model Code of Conduct applying to Members and Part V of the Constitution of Hampshire County Council and to the local code of conduct on planning matters ¹ adopted by the Council at its meeting in April 2004.

Declaration of Interests

5. Before either speaking or voting at a meeting of the Regulatory Committee Councillors shall declare any personal and/or prejudicial interest(s) in any matter under discussion in accordance with the terms of the Constitution of the Council.

6. To avoid undue delay at a meeting and ensure the matter is properly investigated, Councillors who are unsure whether an interest should be declared or whether such interest is prejudicial shall seek advice from the Legal Adviser to the Committee or the Monitoring Officer as soon as the issue becomes apparent and, if possible, at least three days before the meeting at which the matter is being discussed. The final decision on the status of any interest remains with that County Councillor.

Committee Procedure

7. The Committee shall have the right to defer consideration of any planning matter at its discretion. The reason for deferral shall be recorded in the minutes of the Meeting.

8. The local County Councillor who is not a member of the Regulatory Committee may address the meeting from the public gallery. They should not sit with members of the committee, neither should they have private conversations with or pass notes to committee members as this might give the perception of undue influence.

9. Subject to the rules and procedures established in the Council's Standing Orders a person who is interested in a particular planning matter shall be allowed to speak at the Committee meeting at which that planning matter is being considered.

10. The procedure is to be followed when members of the public address the Committees shall be as follows:-

a) Chairman introduces item

b) Chief Planning Adviser updates/summarises the Report on the item as appropriate

c) Chairman invites members of the public to speak, with the applicant last

d) Chief Planning Adviser clarifies matters raised as appropriate

e) Local member comments

f) Committee debates the application

g) The Chief Planning Adviser responds to issues outstanding from the debate and clarifies any changes to the proposed recommendation in the Committee Report in the light of the debate.

h) The vote is taken, including any amendments that may have been moved and seconded by Committee members.

11. On the advice of the Chief Planning Adviser and/or Legal Adviser, the Chairman will rule on the appropriateness of any proposed amendments to the Chief Planning Adviser's recommendations. Any ruling for not proceeding with an amendment will be recorded in the minutes of the Meeting.

12. The Chief Planning Adviser shall ensure that the detailed reasons for refusal or grant of any planning matter shall be recorded in the minutes of the Meeting.

13. The minutes relating to a planning matter which is determined in accordance with an officer's recommendation shall refer to the officer's report and any additional supporting information.

14. If the Committee is minded to reach a decision contrary to the recommendation contained in an officer report, prior to taking a vote the Committee will identify the grounds for this decision and these shall be recorded in the minutes of the meeting.

Training for Councillors

15. Unless the Committee agrees otherwise, before a Councillor votes as a member of the Committee, the Councillor shall have received such basic training in planning law, procedure and policy as the Committee deems necessary. Every four years, just after the county council elections, a special event will be arranged to ensure that all members of the Regulatory Committee have had the basic training prior to the first meeting.

16. Committee members shall obtain refresher training in planning law, policy and procedure as is considered necessary by the Chief Planning Adviser, Legal Adviser or Monitoring Officer. The Committee will decide whether failure to attend a sequence of training events warrants exclusion from the final decision-making process.

17. The annual tours for members are a key feature in developing an understanding and appreciation of the complex issues that surround planning development control and provide the opportunity for members to judge for themselves if the impacts of the development that they had envisaged when coming to a decision have been borne out in practice. A Councillor will normally be required to attend at least one Committee tour in any Committee year.

Interpretation of this Protocol

a) "Councillor" means an elected member of Hampshire County Council.

b) "Committee" means the Regulatory Committee which determines any planning matter

c) "Planning matter" means any matter in relation to which a decision is to be taken by the Committee

d) "The Planning Acts" means the Planning and Compulsory Purchase Act 2004, the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 and the Planning (Consequential Provisions) Act 1990 and any subordinate legislation made thereunder and any subsequent legislation and consolidating acts.

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