Agenda item

A copy of the revised Planning Code of Good Practice is circulated.

The Standards Committee on 2/05 has recommended the code to the Council as now revised to reflect the rules on predetermination and noted that the code will need to be further reviewed in the light of regulations on pecuniary interests and planning legislation.

Council is asked to agree the Code as recommended.

Cllr Wheeler presented proposed revisions to the Planning Code of Good Practice. The revisions were proposed to reflect the rules on predetermination under the Localism Act 2011. It was noted that the Code would need to be further reviewed in the light of regulations on pecuniary interests and planning legislation.

A discussion ensued on the appropriateness of holding political group meetings immediately before planning committee meetings as this could give rise to a perception that planning decisions were politically motivated.  Cllr Bill Douglas moved an amendment which was duly seconded as follows:

‘That the Council approves the draft Planning Code of Good Practice as set out at pages 75-86 of the Summons, subject to the following changes:

Page 78, last bullet: Delete “Political Group meetings....planning issue and”;

additional bullet: “There should be no Political Group pre-meetings in advance of Development Control meetings”

On being put to the vote, the amendment was LOST.

Upon further debate, Cllr Morland proposed the following amendment which was duly seconded:

‘That the Council approves the draft Planning Code of Good Practice as set out at pages 75-86 of the Summons, subject to the following additional note at page 83 of the Summons:

NOTE

The following provisions of the Localism Act 2011 relating to predetermination came into force on 15 January 2012:

Prior indications of view of a matter not to amount to predetermination etc:

(1)          Subsection (2) applies if-

(a)      as a result of an allegation of bias or predetermination, or otherwise, there is an issue about the validity of a decision of a relevant authority, and

(b)          it is relevant to that issue whether the decision-maker, or any of the decision-makers, had or appeared to have had a closed mind (to any extent) when making the decision.

(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.’

On being put to the vote, the amendment was LOST.

Upon further debate, Cllr Mary Douglas proposed the following amendment which was duly seconded:

To add a final bullet point under paragraph 7.1:

‘To avoid the perception of political influence, there should be no Political Group pre-meetings immediately prior to Development Control meetings.’

On being put to the vote, the amendment was LOST.

Taking into account the concerns of Councillors, the Leader proposed the following amendment which was duly seconded:

In the last bullet point of paragraph 7.1, delete the word “meetings”, and add an “s” to the word “group”, so it reads:

‘Political groups should never dictate how Members should vote on a planning issue and…’

Cllr Wheeler and with the consent of Council accepted the amendment within his motion.

Resolved:

That the Council approves the draft Planning Code of Good Practice as set out at pages 75-86 of the Summons subject to the following amendment:

In the last bullet point of paragraph 7.1, delete the word “meetings”, and add and “s” to the word “group”, so it reads:

‘Political groups should never dictate how Members should vote on a planning issue and…’