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.

i) If the Committee fails to approve a recommendation in the Chief Planning Adviser's report, immediately afterwards the reasons for failing to approve the recommendation shall be moved and seconded

11. On the advice of the Chief Planning Adviser and/or Legal Adviser, When necessary during the debate the Chairman will rule on the appropriateness of any proposed amendments to the Chief Planning Adviser's recommendations having taken account of any advice from the Chief Planning Adviser and/or Chief Legal Adviser.² 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 has rejected a is minded to reach a decision contrary to the recommendation contained in the Chief Planning Adviser's an officer report, prior to taking a vote the Committee it will subsequently identify and vote on 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, Normally before a Councillor votes as a member of the Committee, the a Councillor All Members of the Committee shall have receive such basic training in planning law, procedure and policy. as the Committee deems necessary. This training will be provided both in the form of events arranged for the Committee as a whole and individual coaching arranged at the request of a Councillor. 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 if the significance of any 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 expected required to attend these annual tours. 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.

9153app/RL