Councillors are invited to declare any disclosable pecuniary interests, or other interest, and the nature of it, in relation to any item on the agenda.
Minutes:
The Council’s Monitoring Officer (Lisa Hastings), read out the following advice to Members:
“I believe it would be useful to provide members with guidance on declarations of interest in consideration of the Publication Draft Local Plan document, which is being considered by this Council tonight.
The decision being sought at these meetings includes recommending, endorsing and approval of a Publication Draft Local Plan and Sustainability Appraisalsfor public consultation and submission to the Government for Examination in Public.
The majority of Members could be regarded as having, as a matter of law, Disclosable Pecuniary Interests (DPI) due to land ownership within the red line settlement boundaries simply because you are residents of the District. Government has previously issued guidance that the legislation was not intended to cover such District wide decisions, however, for the avoidance of doubt and Members’ protection, acting as the Council’s Monitoring Officer it is entirely reasonable that the criteria set out in Section 33 (a) to (e) of the Localism Act 2011 applies and for land ownership simplywithin the red line settlement boundaries, a dispensation is granted to all Members to debate and vote on the item.
However, if you or your spouse/partner have land ownership (still a DPI) in any of the specific areas to be allocated, shown in various colours on the plans within the document, the above blanket dispensation does not apply. For specific land allocation, an individual dispensation would be required to remain in the room, take part in the debate and vote on the item, although it is unlikely that I would grant a grant a dispensation in the circumstances. Failure to declare a DPI and take part in a decision is a criminal offence.
Land within specific allocations,which is owned by an external body or organisation, may also fall within the definition of Non-Pecuniary Interests, if you were appointed or nominated to an outside body or organisation by the Council or are a member of an outside body which owns or controls land. A number of these organisations could meet the “likely to affect” test. The impact of having a Non-Pecuniary Interest on participation at meetings is set out in the Code of Conduct. The test is whether the Councillor could reasonably be regarded as having an interest so significant that it was likely to prejudice their judgement. As the decision is to approve a Publication Draft Local Plan, my advice to Councillors is that it is reasonable to conclude that this test would be met and therefore, Councillors would not be able to remain and take part in the debate and vote (after declaring the interest) without a dispensation. By making the declaration of a Non-Pecuniary Interest, for land ownership, it will be assumed that the interest does prejudice your judgement and therefore, you should not take part in the decision.
Members may have declared interests at earlier meetings in the local plan process including previous Council meetings and at the Local Plan Committee, it is important to be seen to be consistent in the approach, if Members have ceased to hold an interest they may wish to explain this. A declaration made previously cannot be assumed to be carried forward and Members must make all relevant declarations at the meetings they attend.
For openness and transparency this advice will be included within the minutes.”
Councillor I J Henderson declared a non-pecuniary interest in respect of item A.1 of the Reference from the Local Plan Committee insofar as he was a member of the Development and Regulation Committee at Essex County Council.
Councillor Stock declared a non-pecuniary interest in respect of item A.1 of the Reference from the Local Plan Committee insofar as he was a Director of the North Essex Garden Communities Ltd.
Councillor G V Guglielmi declared a non-pecuniary interest in respect of item A.1 of the Reference from the Local Plan Committee insofar as:
(1) he was a Director of the North Essex Garden Communities Ltd;
(2) he was Chairman of the Development and Regulation Committee at Essex County Council; and
(3) he was a Director of Lawford Housing Enterprise Trust though no land had been allocated in the Local Plan that the Trust owned.
Councillors Coley and V E Guglielmi declared a non-pecuniary interest in respect of item A.1 of the Reference from the Local Plan Committee insofar as they were Director of Lawford Housing Enterprise Trust though no land had been allocated in the Local Plan that the Trust owned.
Councillors Honeywood and Amos declared a non-pecuniary interest in respect of item A.1 of the Reference from the Local Plan Committee insofar as they represented the Council on the John Gilders & Maskell Almshouses Trust.