Agenda item

To review the Council’s Members’ Planning Code/Protocol adopted in 2015 following the Local Government Association (LGA) Probity in Planning Guidance – Advice for councillors and officers making planning decisions issued in December 2019.

The Committee gave consideration to a detailed report of the Monitoring Officer (A.1) in relation to a review of the Council’s Members’ Planning Code/Protocol adopted in 2015 following the Local Government Association (LGA) Probity in Planning Guidance – Advice for councillors and officers making planning decisions issued in December 2019.

In December 2019, the LGA had issued its Probity in Planning Guidance – Advice for Councillors and Officers making planning decisions, which  was included as Appendix A to the Monitoring Officers report.  The Standards Committee had agreed previously through its work programme to review the Council’s Planning Protocol following the LGA publication.

It was reported that the LGA’s Guidance had been circulated to the members of the Planning Committee in 2020.   Those Members had also later been provided with a note on lobbying following a High Court decision involving the London Borough of Hackney, which had confirmed the Council’s Protocol was consistent with the practices established within the judgement, so long as it  was done openly.

The Committee was informed that Officers  had undertaken a review of the Council’s Planning Protocol following both the LGA’s Guidance and High Court decision, and it was considered that the recommended practice as set out within the advice and guidance issued by the LGA  was covered within the Council’s existing Protocol, Members’ Code of Conduct and working practices.  Consequently, no further changes  were suggested as a result of the LGA’s guidance however, it  was necessary to include additional wording within the Planning Protocol to cover situations when it  was not possible to undertake Site Visits and to clarify that this  did not impact upon the Planning Committee’s ability to determine planning applications. 

It  was also recommended that regular training should be carried out to ensure the principles of Probity in Planning  were known and fully understood by Councillors involved with planning decisions.  

The Committee was made aware that the LGA Guidance  stated that particular care needed to be taken in the use of social media by both Officers and Councillors, where it related to decision making functions.  The use of social media  was also an area which had been highlighted by the Local Government Ethical Standards Report published in 2019 and the LGA in its recent work to publish a Model Code of Conduct.  Any training delivered for Tendring District Councillors should therefore include a section on using social media. 

The Monitoring Officer confirmed that the Council’s Code of Conduct  was still robust.  She told the Committee that whilst undertaking the review a case had been considered at the High Court regarding lobbying of Members and it was confirmed that it  was appropriate for members of the Public to lobby Councillors on the Planning Committee.  The Council’s Code  had a protection in that it advised Councillors to let the individual know that they would look at the case with an open mind.  Case law had confirmed that it  was fine for Councillors to read any letters sent to members of the Planning Committee and this had confirmed that the Council  was up-to-date with the Judgment of the High Court.

The Monitoring Officer also confirmed that additional wording regarding site visits needed to be included within the Code to cover situations where site visits were not possible.  It  was not a legal requirement to have undertaken a site visit but if Members did so then a clear protocol must be in place which  was included within the Council’s Code.

During the current Pandemic it was confirmed that Members had been able to visit sites themselves to solely view the site, but no organised site visits were currently taking place, due to restrictions being in place since March 2020.

Members were then asked if they had any questions relating to the Code and Protocol and there was a query regarding whether when a Member had  “called-in” an application should they withdraw from the meeting.  The Monitoring Officer confirmed that this is not suggested practice within the Council’s Code, so any Member calling in an application  was entitled to remain in the meeting during the consideration of that item as long as they  were not part of the decision making process of the Planning Committee. Careful consideration must be taken if the member is part of the Planning Committee.

Having considered and discussed the information provided in the Monitoring Officer’s report:

It was moved by Councillor J Henderson, seconded by Councillor Steady and unanimously :-

RESOLVED that the Committee –

1.   Notes the contents of the Report and are pleased that the Protocol remains robust and the Council are ahead of the Guidance and agrees that no changes are required to the Council’s adopted Members’ Planning Protocol as a result of the LGA’s Guidance;

2.   Approves the recommended wording, as set out within the Report, to be added to the Member’s Planning Protocol covering situations where it is not possible for organised Site Visits to be undertaken;

3.   Agrees the amendments are minor in nature and follow the implications of the ongoing Coronavirus Regulations currently in force and supports the Monitoring Officer using her delegated powers in accordance with Article 14 of the Constitution;

4.   Endorses that awareness of the Council’s Protocol and the LGA’s Guidance on Planning Probity are covered within the regular training programmes for elected Members involved in planning decisions; and

5.  Requests that Officers include a section on the use of social media in

     all training sessions for Members.