Issue - meetings

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Prior to Members declaring their interests, the Head of Legal Services and Monitoring Officer advised regarding the declaration of financial interests and pre-determination as follows:-

Interests

Any Member who owns land within the administrative area of the Council has a disclosable pecuniary interest (DPI) in that land. The question is to what extent, if at all, that affects the ability of a Member to participate in the decision-making on the Local Plan Strategy.

In general terms, it is unlikely for any member to have a DPI in the Local Plan Strategy simply as a consequence of their owning land within the borough. However, there are some exceptions.

If a Member owns land which forms part of the Local Plan Strategy Sites or Strategic Locations, then there would be a DPI in respect of the Local Plan Strategy and that Member should declare the interest and not participate in the decision making.

If a Member owns land which, whilst not forming part of the Local Plan Strategy Sites or Strategic Locations, is land which is “in the wings” and might come forward as part of any future Local Plan documents, then again this is considered to be a DPI in respect of the Local Plan Strategy and that Member should declare the interest and not participate in the decision making.

Save for any specific declarations that may be made, it will be noted for the record that Members have interests in property in the administrative area of the Council as recorded on the register of interest.

Predetermination

Members should give consideration as to whether any action taken by them during the preparation of this Local Plan Strategy could amount to predetermination.

The question to be considered is whether there is a real risk, given the evidence, that any particular decision-maker had a closed mind to the decision to be taken, although a decision-maker is not to be taken to have had, or to appear to have had, a closed mind “just because” they have previously done anything that directly or indirectly indicated what view the decision-maker took or what view he would or might take.

If an individual Councillor considers that their actions would give rise to a real risk that it would be considered that they had approached matters with a closed mind then they should declare that predetermination and leave the room and not participate in the decision-making.

In respect of minute 79, “Cheshire East Local Plan Strategy-Submission Version :-

Cllr M Jones stated that, as Leader of the Council he had pre-determined some of the proposals in the Local Plan Strategy and would not take part in the meeting. He left the meeting immediately and did not return.

Cllr Thwaite declared that he was Chairman of East Cheshire Engine of the North.

Cllr Smetham stated that she had met with developers Parish Councils and officers in respect of the Local Plan.

Cllr L Brown declared that she was a Governor of the Kings School, Macclesfield and left the  ...  view the full minutes text for item 78