Issue - meetings

(Deputy Monitoring Officer) To consider the attached reports.

The Assistant Director of Governance reported on proposals for a new Code of Practice in Planning, which would replace the current Planning Protocol contained in the Constitution.

The Council had, when seeking an external review of the main Constitution document in 2016, sought guidance from Counsel on the structure of such a code. Additionally, the Standards Committee had been asked to comment on the new Code as that Committee had responsibility for Code of Conduct advice.

The Working Group considered the report and made suggested changes to the Planning Code of Practice, which would require the assent of the Council.

Recommended:

(1)    That a report be made to Council recommending the adoption of the new Planning Code of Practice; and

(2)    That subject to (1) above, the new Planning Code of Practice be published in the Council Bulletin.

(Deputy Monitoring Officer) To consider the attached report (STD-001-2017/18).

The Deputy Monitoring Officer, S Hill, presented a report on the new Planning Code of Practice.

S Hill reported that the Planning Protocol was last reviewed in 2007, and the advent of the Localism Act in 2011 had provided further clarification on the role of Members, interests in planning matters and the types of interests that were now required to be disclosed. The Council had been advised by Counsel that there was a minimum of 18 areas that the Council’s new Protocol should cover, and this had formed the basic structure of the revised Code before the Committee. It was also highlighted that there could be possible changes to the structure of the Council’s Planning (Sub-)Committees in future to meet the expected demand from publication of the Council’s Local Plan. The paragraphs within the proposed Code would also be numbered prior to publication in the Council’s Constitution.

S Hill stated that the draft Code of Planning Practice, attached as an Appendix to the report, would replace the current Planning Protocol. Complaints related to Planning was, by far, the most numerous and therefore it was important that clear advice was provided to Members. The Committee was requested to consider and comment on the Code prior to its review by the Constitution Working Group on 28 September 2017 and approval by the Council on 2 November 2017.

The Monitoring Officer, C O’Boyle, advised the Committee that District Councillors who took a public stand on certain sites as a Town or Parish Councillor did not necessarily have to declare a prejudicial/pecuniary interest at District Council Planning meetings. The Localism Act 2011 permitted Councillors to hold a view about a particular site prior to taking a planning decision on it. Councillors could attend open evenings on applications organised by the Applicant, but they would need to conduct themselves appropriately, such as asking pertinent questions on the application. Where possible, Members should request that a Planning Officer accompany them to such meetings, but at the very least they should inform Planning Officers prior to attending such meetings. It would also be good practice to make notes of the meeting afterwards, highlighting comments made and actions taken. S Hill added that Members should make it clear when they attend such meetings that they were there to ask questions and gather information only.

The Independent Member, D Cooper, could not perceive any benefit from Councillors attending these types of meetings, as public perception was necessarily different from legal advice. Parish Cllr Williamson added that the location was also relevant, e.g. a five-star Hotel would look worse for such a meeting than a Town or Village Hall. S Hill reminded the Committee that the Code was, out of necessity, a broad framework but Members could always get advice regarding particular circumstances from either the Monitoring or Deputy Monitoring Officer.

The Committee acknowledged that there was a difference between a public meeting on a particular planning application and a private meeting with a developer. C O’Boyle advised that a  ...  view the full minutes text for item 4