Archived decisions

Contact: Richard Read, ext 6727 email: [email protected]

1. Summary

1.1 It is the current practice of the County Council (`the Council')when dealing with planning matters to undertake site inspections accompanied by stakeholders: applicant, landowner, objectors, district and parish councils. Although these site inspections are purely for Members to see the physical circumstances of the site and the proposed development, the nature of the site inspections can lead to the appearance that rules of probity are being put in jeopardy. Accordingly the Council is at risk of allegations of allowing improper conduct.

2. Recommendation

That forthwith any site inspections undertaken by the Regulatory Committee in respect to dealing with planning matters should be unaccompanied, except for the presence of appropriate officers.

3. Site Inspections

3.1 Members of the Regulatory Committee occasionally make site inspections in order to inform themselves about the facts of an application - its site and surroundings. The Code of Conduct sets out the protocol around site visits:

"A decision by the Regulatory Committee to carry out a site inspection should normally only take place where objective decisions cannot be taken without viewing the site and adjoining land. Examples of when site visits might be appropriate would be:

(i) the proposal represents a departure from the Development Plan;

(ii) the proposal is contrary to a specific policy, or raises wider policy issues;

(iii) the proposal raises particularly unusual factors, for example it would have a major environmental impact or could lead to loss of jobs and/or financial hardship (eg enforcement against an existing use or development that has already been carried out); or

(iv) there is considerable local concern about a proposal, allied to planning reasons for carrying out a visit (eg the physical relationship of the site to other sites in the neighbourhood).

The purpose of a site inspection is for Members to gain knowledge of the development proposal, the application site and its relationship to adjacent sites.

The Chief Planning Adviser will ensure that the purpose of a site inspection is recorded on the application file.

Site inspections will be carried out by Members of the Regulatory Committee.

At the beginning of a site inspection the Chairman of the Regulatory Committee will advise all persons present of the purpose of the site inspection, the format and conduct of the inspection and procedure. Those present will be instructed to comment only on the physical features of the proposal and not discuss the merits of the application. Should comments as to the merits of the application be made the Chairman will indicate that the Committee will not consider the comments and if the Chairman's instructions are ignored he may terminate the inspection forthwith. Anyone wishing to comment on the merits of the application should do so by means of a deputation to a meeting of the Regulatory Committee.

Following a site inspection officers will prepare a report on the planning issues and include any relevant information obtained during the site inspection to the Regulatory Committee."

3.2 Site inspections have been carried out in accordance with the Code of Conduct. It has been the practice that the Council invites the local County Councillor, the district council, the parish council and representatives of objectors, as well as the applicant, to the site inspection. However, with this range of stakeholders attending the site inspection there is a tendency for issues relating to the merits of the application to be raised. There is also misunderstanding amongst stakeholders that the site inspection is something other than a fact-finding exercise. Finally, with the number and range of stakeholders coupled with the size of sites that Members inspect there is a tendency for the meeting to fragment, giving rise to the appearance that `lobbying' is occurring.

4. Member Training

4.1 On 15 November 2007 a Planning Workshop was attended by a significant proportion of the Regulatory Committee. The Workshop was facilitated by Jed Griffiths of Trevor Roberts Associates, a planning consultancy with acknowledged credentials in training of staff and Members of planning authorities. The issues surrounding probity were considered in detail.

4.2 In particular the matter of site visits (inspections) was addressed and the advice was that these should be rare and not an opportunity to:

(i) defer a decision;

(ii) lobby; or

(iii) address the Committee.

Moreover, if stakeholders are in attendance equal opportunity must be given to applicant, objectors and third parties to speak. However this principle can be interpreted as not allowing anyone to speak.

4.3 During the training day Jed Griffiths gave examples of councils being criticised by the Ombudsman where Councillors have appeared to breach rules of probity.

5. Commentary

5.1 The Code of Conduct does not specifically set out who should attend a site inspection. It is a matter of custom and practice that third parties have been invited in the past. The Head of Legal Services has advised that who the Committee invites is an administrative matter and the Committee can determine the practice it wishes to follow.

5.2 The issue with site inspections is that, notwithstanding their actual role as purely for gathering information, stakeholders have different expectations. The temptation to make submissions about the merits of an application and to lobby is all too apparent. Site inspections are also difficult to manage so that probity matters can easily appear to be breached. The result of this is that the Council is at risk of allegations of improper conduct even though the reality of this is to the contrary.

5.3 In the light of this it would be safer for the Council to adopt the practice of conducting unaccompanied site inspections with regard to planning matters. In the event access to a site is required the applicant and/or landowner should only be present to allow entry to the land and will not be allowed to take part in the site inspection. This practice has been adopted by a number of the district councils in Hampshire. Reporting on the site inspection will still take place as at present by appropriate reference in the report to the Regulatory Committee at the appropriate time.

6. Conclusion

6.1 It is concluded that this matter would be best addressed by immediately adopting the practice of unaccompanied site inspections.

1546/RR