Issue - meetings

To examine the Planning Protocol and, if necessary, redraft it as a more succinct and practical guide for recommendation to the Constitution Committee.

The Constitution Committee on 30^th September 2010 considered proposed revisions to the Planning Protocol which both the Strategic Planning Board and the Standards Committee had recommended to the Constitution Committee for approval. The Constitution Committee had resolved that:

(1)   the Planning Protocol be not referred to Council for approval at this stage; and

(2)   a sub-committee be appointed, the size, proportionality and membership to be determined in consultation with the Chairman and Group Whips, to be charged with examining the Protocol and, if necessary, redrafting it as a short sensible guide with the assistance of the Officer who drafted the amendments.

The Sub-Committee had before it the report to the Constitution Committee on 30^th September 2010, including the proposed changes to the Planning Protocol.

The Sub-Committee noted that for the Planning Protocol to operate effectively it needed to be reviewed and updated regularly so that members involved in the planning process were fully aware of their responsibilities.

If such reviews did not take place, a number of risks could be identified:

·         a lack of up-to-date advice aimed at ensuring the integrity of the planning system;

·         personal and prejudicial interests and fettering of discretion not being identified and declared at the required times and the appropriate actions carried out as a result;

·         lack of, or inconsistent, up-to-date advice concerning how Councillors respond to requests for any meetings with developers, applicants, neighbours, Parish/Town Councils;

·         lack of, or inconsistent, advice regarding lobbying of and by Councillors;

·         lack of clarity and inconsistent procedures with regard to decision making at Planning Board/Committee meetings; and

·         complaints to the Local Government Ombudsman being upheld over conduct and matters that occur at Planning Board/Committee meetings and during the conduct of planning applications.

Nicky Folan of Legal Services outlined the nature and purpose of the Planning Protocol which was intended to protect the Council and individual Members from any claims relating to bias, predetermination or procedural matters in considering planning applications.

Members noted that the existing Planning Protocol within the Constitution remained in force. The proposed amendments to the Protocol presented Members with an opportunity to review the Protocol in its entirety and to produce a revised version for the future which was briefer, more accessible and less prescriptive but which continued to provide clear information and advice in order to protect the interests of the Council and individual Members.

Members worked through the Protocol and made a number of comments:

1. The Protocol should state at the outset that it applied to members of the Planning Committees and Strategic Planning Board.

2. A definition of ‘predetermination’ should be included, together with examples (para 4).

3. Advice should be included on how a Member may raise a matter in such a way as not to fetter their discretion, including a suggested form of wording (para 4).

4. The issue of Cabinet Members being members of planning committees should be reviewed through the Constitution Committee (para 6).

5. The requirements relating to the acceptance of gifts or hospitality from persons involved with or  ...  view the full minutes text for item 4