On 30 March 2005, the council adopted a planning Good Practice Guide. This is for members and officers dealing with planning applications and related matters.
The guide replaces the Code of Good Practice that was approved in February 2000. This was in accordance with the recommendations of:
- the Committee on Standards in Public Life (The Nolan Committee)
- the Royal Town Planning Institute.
The code has two purposes. Firstly, it seeks to ensure best practice and the highest standards of probity from all concerned in the planning process. Secondly, it seeks to protect the council and individual members and officers. It does this by advising of some of the common pitfalls.
The changes to the earlier code reflect the advice of the Standards Board and the Local Government Association.
The guide covers the following matters:
Training
Training for councillors in planning procedures and issues will be held every year. New members of the planning committee will also receive an induction course.
Planning officers who prepare reports and advise the committee will be qualified to an appropriate level in town planning. They will undertake continuing professional development.
Publicity
As a minimum, the council will satisfy legal requirements for publicising planning applications. This includes using:
- letters to neighbouring properties
- site notices
- press notices.
Officers have discretion to undertake additional publicity if they feel it is required.
Lobbying of councillors
Councillors are sometimes approached for their support either for or against a planning application. When this happens they should:
- Listen to and note the facts and opinions expressed.
- Encourage the person to put their views in writing to the Planning and Regeneration Service Unit.
- Explain how the views will be taken into account.
- Avoid giving any commitment about the outcome.
- Make it clear that any views they express are their own, not necessarily the council's.
- Pass on the information to the case officer in the Planning and Regeneration Service.
- Declare any significant contact at the committee meeting before a vote is taken.
Members should not meet with applicants or their agents or third parties to discuss prospective or current applications. They should only attend such a meeting if the purpose is to obtain or clarify information about the nature of the proposed development that cannot reasonably be obtained from the submitted information.
Where formal meetings are considered, necessary arrangements should be made for an appropriate officer to attend. The officer would be able to give advice and keep a record. Members and officers should avoid being committed to a particular course of action because of membership of an organisation that plays a role in the planning process.
Media contact
The council's public relations unit usually co-ordinates all responses.
Members and officers should avoid saying anything to the media that commits, or appears to commit, the council to a particular course of action. It is also important to avoid saying anything that may compromise the council's ability to defend a planning decision successfully.
Meetings involving officers
Officers regularly meet with applicants and third parties. When attending these meetings they will:
- Record significant contacts on the case file.
- Record any further contacts once the report has been prepared for the committee.
- Be prepared to offer their professional opinion, making it clear that this is their own view and not necessarily that of the council.
- Refrain from disclosing the content of the committee report until after the agenda has been published.
Committee reports
All applications considered by the committee will be the subject of a written report. This will include reference to relevant policies in the development plan and other material considerations. It will summarise consultation responses and comments from the general public. Late representations will be reported verbally. All reports will include a clear and justified recommendation.
Site visits
Where the committee decides to make a site visit, it will be carried out in accordance with the principles set out in the guide.
The purpose of the visit is to inspect the site and its surroundings, not to discuss the merits of the application. Ward councillors will be informed of the arrangements, as will applicants and/or their agents.
To prevent undue distraction and ensure fairness and impartiality the inspection will be conducted at arm's length from:
- applicants
- objectors
- members of the public.
None of the above will be allowed to address members during the site visit.
Pre-meeting briefings
Briefings will take place with the chairman and vice-chairman of the committee. Officers will also attend to:
- Bring them up to date with information submitted since the report was printed.
- Ensure the report is clear and the rationale behind the recommendations are understood.
- Identify areas of particular concern.
- Identify where additional information or explanation is needed.
- Identify any special procedural or other practical arrangements needed.
Officers will also provide similar briefings for a representative of any minority political grouping represented on the committee.
The briefings will be held in the week before the committee meeting.
Delegation of decisions
The council has agreed a scheme of delegation. Officers deal with a significant number of applications under the scheme, without reference to the committee. This scheme is reviewed from time to time.
Recommendations and appeals
The committee does not have to accept the officer's recommendation on a planning application. When a different decision is made, officers will assist with the formulation of that decision as far as possible, without prejudice to their professional integrity.
The reasons for a particular recommendation and the likely implications of the committee taking a different decision will be explained. Reasons for rejecting an officer's recommendation will be specified at the meeting and recorded in the minutes. This applies whether the decision is to refuse an application or to grant permission, with or without conditions or legal agreements.
If an appeal is lodged against a decision taken contrary to the officer's recommendation, members and officers will work together to determine the best way of supporting the committee's decision. In some cases, expert evidence may be called from outside the council or presented by members of the committee.
Appeal decisions will be reported to the planning committee on a regular basis.
Officers and members should not express views that may compromise the outcome of an appeal once the planning committee has taken a decision.
Special arrangements
Exceptionally the Head of Planning and Regeneration has discretion, in consultation with the chairman of the committee, to:
- Call a site visit prior to a committee meeting.
- Arrange a presentation to members by the applicant.
- Call a meeting with statutory consultees and/or other interested parties.
Such circumstances are only likely to arise when considering major planning applications. They would provide an opportunity for discussion, not for debate or decision-making. They will be arranged at a different time and place from the committee meeting where the decision will be taken.
Public speaking at committee meetings
The council's procedure rules make provision for applicants and third parties, or their representatives, to speak at committee meetings. The application acknowledgement letter and the council's letter to occupiers of neighbouring properties informs interested parties of this. Advance notice is required. Details are available from Democratic Services at Pittwood House.
Applications concerning councillors or senior officers
Applications by councillors or senior officers must be reported to the committee for a decision. This applies to applications by:
- Councillors.
- Senior officer.
- Officers in the Planning and Regeneration Service.
- The spouse or partner of any of the above who live at the same address.
The committee report must make reference to the applicant's circumstances.
Applications by the council
The council has to seek planning permission for its own development. These will be determined on planning merits, including matters of planning policy and material planning considerations only. Other issues relating to the council's role as landowner will be determined by the body responsible for the control or disposal of the land.
Declarations of interest
The council's monitoring officer is available to advise all members if they are in any doubt about whether or not they should declare an interest under the national code of conduct. The principles of this code apply equally to officers who are involved in dealing with planning applications.
Full Good Practice Guide
The full Good Practice Guide is available to download:
Note: The above document is in Portable Document Format (PDF). You will need a suitable reader to view it. A reader can be downloaded free from the Adobe website (full instructions for downloading the reader are provided on the site).