Agenda item

To enable the Committee to consider the results of the review of the Planning Protocol carried out by the Monitoring Officer and her Team.

To seek the Committee’s approval that members of the Planning Committee, the Portfolio Holder for Housing and Planning, Planning Officers and the Independent Persons be consulted on the draft revised Planning Probity Protocol.

The Committee considered a report of the Monitoring Officer (A.2) that set out the results of the review of the Planning Protocol carried out by the Monitoring Officer and her team. That report also sought the Committee’s approval that members of the Planning Committee, the Portfolio Holder for Housing and Planning, Planning Officers and the Independent Persons be consulted on the draft revised Planning Probity Protocol.

It was reported that in December 2019, the Local Government Association (LGA) had issued its Probity in Planning Guidance – Advice for Councillors and Officers making planning decisions. The Standards Committee had subsequently agreed through its work programme to review the Council’s Planning Code & Protocol.

Following a review carried out in 2020/21 no changes had been suggested as a result of the LGA’s Guidance though additional wording had been recommended to cover situations when it was not possible to undertake Site Visits and to clarify this did not impact upon the Planning Committee’s ability to determine planning applications.

Members were reminded that, at its meeting held on 19 July 2023, the Committee had decided, amongst other things, that a further review of the Council’s Planning Code and Protocol be carried out in order to ensure it still adhered to best practice and was easy to follow. That review conducted had researched the various examples suggested by Planning Advisory Service (PAS) as best practice and the outcome had resulted in a revised approach with the first step being to refer to the document as the ‘Planning Probity Protocol’. This also aligned with the Planning Probity Protocol adopted for the Tendring Colchester Borders Garden Community Joint Committee.

This report therefore set out initial proposals following the review by the Monitoring Officer and her team and following consideration by the Committee, sought its approval to consult with relevant parties.

The following alterations were put forward at the meeting:-

(1)    to highlight the vital necessity of the Committee membership staying together as one group whilst attending a site visit and not to allow itself to be split up into smaller groups thereby leaving Members vulnerable to acts of lobbying, physical or verbal intimidation et cetera;

(2)    to highlight that Planning Committee members should refrain from expressing their personal views, opinions, emotions at meetings but should instead restrict themselves to matters of planning policy (whether national or local);

(3)    to acknowledge that being a member of the Planning Committee can be a difficult role to carry out; and

(4)    to reflect within paragraph 9.21 that if Members are in doubt as to whether they have an Interest in a particular matter then they should discuss it with Officers and to also cross-reference that paragraph to the information provided by the Monitoring Officer to Members in respect of the Declaration of Interests.

It was thereupon moved by Councillor Talbot, seconded by Councillor Alexander and:-

RESOLVED that –

(a)    the outcome of the review of the Planning Protocol carried out by the Monitoring Officer and her team be noted;

 (b) approves that consultation be undertaken on the draft revised Planning Probity Protocol, as amended at the meeting; and

(c)   the outcome of the consultation be submitted to the Standards Committee for its consideration prior to recommendation on to Full Council for adoption.