Probity and planning

presenter

Date www.pas.gov.uk

Before we start…

Clarity on your role

How to take part

How to get the most for your community and the council

Aim of today’s session

What we’ll cover

The whole planning service

How to get involved and avoid the pitfalls

Positive engagement

• Role of planning - positive and proactive

• Councillor role is evolving

• Understand own / others role

• Planning decisions involve balancing:

– • needs / interests of the community, with

– • maintaining an ethic of impartiality

• Lots of guidance exists

Background

Localism Bill

• Scheduled for enactment in spring 2012• abolish the Standards Board regime • introduce a new criminal offence of failing to

disclose or register members’ interests. • abolish the concept of predetermination so

that councillors would be able to express an opinion on a proposal at an early stage, but still be involved in taking a decision upon it.

• provided they retain an open mind

Extract from the Bill

• (2)   A decision-maker is not to be taken to have had, or to have appeared to have had, a closed mind when making the decision just because—

• (a)   the decision-maker had previously done anything that directly or indirectly indicated what view the decision-maker took, or would or might take, in relation to a matter, and

• (b)   the matter was relevant to the decision.

Extract from the scheduleCouncillors should be free to campaign, to express views on issues and to vote on those matters, without fear of being unjustly accused of having a closed mind….because of it.

We will be legislating….to make it clear that the normal activities of a councillor; campaigning, talking with constituents, expressing views on local matters and seeking to gain support for those views should not lead to an unjust accusation of having a closed mind on an issue that can lead to a legal challenge. …..

The Bill will give councillors the assurance that they can campaign, discuss and vote on issues with confidence

Legislative context

• Local Government Act 2000

• Local Authorities (Model Code of Conduct) (England) Order 2007

• Local codes for planning

• The Nolan Report (‘Standards in public life’)

• Killian & Pretty – role of councillors

And now the Localism Bill

Cabinet

Cabinet & Committee

Committee

LocalDevelopmentFramework

Master planningPre-Application

PlanningApplications

ward & parish councillor

ward & parish councillor

ward & parish councillor

Local accountability

Role and conduct

• Councillors and officers – complimentary role

• Codes of conduct

• There is much at stake

• Gifts and hospitality

• Training

Councillor conduct and role

1) As a Ward Councillor… …you can support or oppose an application and represent the views of your constituents

2) As a Planning Committee Member… …doing so will compromise your (impartial) role on the committee.

‘Avoid favouring a person, company, group or locality or putting yourself in a position where you appear to do so’

Personal interest - declare

example: decision by planning committee potentially affects you/your family/friends/organisation well being/financial position

• If in doubt - declare

Prejudicial interests - withdraw

examplein addition to a personal interest, your interest could

‘reasonably’ be regarded as prejudicing your ability to make a judgement in the ‘public interest’.

eg If a Councillor was involved in making a decision relating to local club, or society of which they were a member - the perception would be that they would always favour the club,whatever the general public interest “

Other Interests

• Development of council-owned land– Not automatically prejudicial interest– Consider cabinet/executive responsibility

• Proposals submitted by Councillors– No part in the determination– Should not improperly influence the decision, but

can address committee

Predisposition / Predetermination?

• What is predisposition?

• What is predetermination or bias?

Dealing with lobbying

• do not ‘nail your colours to the mast’ too early – that is premature determination

• give no indication of your own viewpoint,other than you will take all valid considerations into account

• Record your involvement• Note that it is easy sometimes to be swayed

by your heart rather than your head

Pre-application discussions

• Benefit both parties

• Councillor role as champion

• Positive engagement – a guide for planning councillors - have you read it?

• Discussions within clear guidelines – do you use your protocol?

Officer reports to committee

• Accuracy and substance

• Relevant information

• Written recommendation

• Technical appraisals

• Material reasons for departure from the development plan

Public speaking

• Up to the council

• Public confidence

• Clear protocols

• No ‘new’ documents

• Conduct

Decision contrary to officer recommendation

• decisions taken in accordance with the plan unless material considerations indicate otherwise

• Material considerations and justification for departure from plan/recommendation

• Association of Council Secretaries and Solicitors’ Model Planning Code

Site visits

• Take a consistent approach• Be clear about when a visit is justified• Getting the most out of site visits

- ascertaining facts- establishing relationship of site with surrounding features/characteristics- who can speak

Meetings

• maintain an impartial role

• listen to different viewpoints

• how to follow up

• making a declaration of interest

Regular review of decisions

• Impact of decisions

• Quality and consistency of decisions

• Undertaken annually, broad range of applications

Questions?

Contact PAS

email pas@local.gov.ukweb www.pas.gov.ukphone 020 7664 3000

Useful References

• See notes