Planning Application objection posted on the public planning portal from a Planning Committee Councillor

[Lincolnshire Ian]

Hi

We are applying for planning, and we have received an objection from a parish councillor who is also a member of the district planning committee. I understand that this councillor should now remove themselves from the planning decision-making process.

Does anyone know if there are any guidance notes/codes of practice that would prevent a councillor who serves on the district planning committee from publishing an objection on a freely accessible planning portal?

Thanks

[BigBub]

Each LPA will normally set out their own Code of Practice or Guidance Protocol for Members on a specific committee.

[Alan Ambrose]

There is also the general civil service code re ethics etc. Short letter to individual also copied to head of planning asking that the person is not involved in your application?

[BigBub]

The civil service code applies to Civil Servants. Only those who work for central government are considered civil servants. Councillors fall within local government

[Alan Ambrose]

duh, silly me, you're right, something like this then:

 

https://www.local.gov.uk/our-support/councillor-and-officer-development/councillor-hub/role-councillor/code-conduct-and

 

In accordance with the public trust placed in me, on all occasions:

• I act with integrity and honesty
• I act lawfully
• I treat all persons fairly and with respect; and
• I lead by example and act in a way that secures public confidence in the role of councillor.

In undertaking my role:

• I impartially exercise my responsibilities in the interests of the local community
• I do not improperly seek to confer an advantage, or disadvantage, on any person
• I avoid conflicts of interest
• I exercise reasonable care and diligence; and
• I ensure that public resources are used prudently in accordance with my local authority’s requirements and in the public interest.

[ToughButterCup]

2 hours ago, Lincolnshire Ian said:

... objection from a parish councillor who is also a member of the district planning committee. I understand that this councillor should now remove themselves from the planning decision-making process.

...

 

Here Be Dagons.

 

If ever there was an instance where micropolitics will play a role in the outcome, it is here. 

 

Is the Objection material to the application?

 

PS Can't wait for @IanR and @Temp to get their teeth into this. 

[DevilDamo]

*waits for application to be called into Committee*

[IanR]

3 hours ago, ToughButterCup said:

PS Can't wait for @IanR and @Temp to get their teeth into this. 

Ha - Not something I have direct experience of but I know of the "Probity in Planning" guidance document for councillors:

https://www.local.gov.uk/sites/default/files/documents/34.2_Probity_in_Planning_04.pdf

As per section 5 I believe the councillor in question would have to withdraw from the committee since if he's already given his view before committee he has a "closed mind" with regards the decision to be made.

[ToughButterCup]

Well, there you are @Lincolnshire Ian, 

10 hours ago, IanR said:

... I believe the councillor in question would have to withdraw from the committee since if he's already given his view before committee he has a "closed mind" with regards the decision to be made.

and 

14 hours ago, DevilDamo said:

*waits for application to be called into Committee*

 

That Councillor will have friends. It won't be too hard to work out who they are. If you look at the others on that committee and their political affinity, it shouldn't be too hard to read the runes.

 

Key point; is his(?) objection Material to your application? If not, you've nowt to worry about.

 

If so: deal with it . 

[Alan Ambrose]

Yeah the friends thing is a problem. But, the good thing is that he's put his head above the parapet - he could have just kept quiet and politicked behind the scenes.

[ToughButterCup]

Exactly Alan. 

But we still don't know whether the objection is Material to the application. It better had be coming from District Councillor .... 

 

@Lincolnshire Ian - can you send us the link to your Application please? We'll be pleased to help - plus we're all as nosey as tomcats anyway.....

[Lincolnshire Ian]

Hi everyone 

Thanks for your feedback. We have seen the Probity document and he has a "predetermined" view of what house design should be on the plot. He actually said during a Parish Council Meeting, "I believe that the replacement dwelling should be a bungalow and no-one will change my mind". 

This should be enough for him to be excluded from the Planning Committee decision making process, but I guess that he is too self-assured to realise this and I may need to write to the committee chairman. 

 

[ToughButterCup]

39 minutes ago, Lincolnshire Ian said:

... I guess that he is too self-assured to realise this and I may need to write to the committee chairman. 

 

If the Councillors comment has been accurately reported, change '...may...' to '...will be writing...' to both the Planning Committee chairman and the Head of Planning. 

 

Has that person submitted a written Objection yet? What is his rationale behind the preference for a bungalow? I ask because it may be that the preference (for a bungalow) is Material to the Application. If on the other hand it isn't, then the objection is irrelevant. 

 

[Temp]

I asked ChatGPT...

Quote

 

A member of a planning committee can technically submit a personal objection to a planning application, but it raises serious concerns about bias, predetermination, and perceived impartiality if they also participate in decision-making on the same application. Whether they can remain on the committee depends on the circumstances.

 

Key Principles

 

1. Predetermination and Bias:

Predetermination occurs when a councillor expresses a fixed position on a matter before the committee has considered all the evidence.

By submitting a personal objection, the councillor risks being perceived as having already made up their mind, compromising their ability to act impartially.

Participation in the decision-making process could expose the council to legal challenges on the grounds of bias.

 

2. Public Perception:

Even if the councillor believes they can act impartially, submitting an objection could damage public confidence in the fairness of the decision-making process.

 

3. The Nolan Principles of Public Life:

Councillors are bound by principles such as objectivity, accountability, and integrity.

Submitting an objection while serving on the committee may appear to conflict with these principles.

Best Practices for Avoiding Conflicts

 

If a planning committee member wants to submit a personal objection to a planning application:

 

1. Declare the Interest:

They should declare a personal and prejudicial interest in the matter during the committee meeting.

 

2. Recuse Themselves:

They must not participate in any discussions or votes on the application.

They should leave the room during the debate to avoid influencing the other members.

Alternative Approaches

 

Delegate Representation: Instead of submitting a personal objection and risking a conflict, the councillor can ask another person (e.g., a fellow resident) to represent their concerns.

 

Step Down Temporarily: In some cases, a councillor might step down from the committee for that meeting to make their representation as a private individual.

Legal and Ethical Risks

 

If a councillor who has objected to a planning application participates in the decision-making process, the decision could be challenged on grounds of procedural unfairness or bias.

 

Such actions may breach the councillor's Code of Conduct and undermine the legitimacy of the committee's decision.

Summary

 

A planning committee member should avoid submitting a personal objection if they wish to remain on the committee for that decision. If they feel strongly about objecting, they should declare an interest, recuse themselves from the committee's deliberations, and participate as a private individual outside the decision-making process.

 

 

 

[Temp]

Its difficult to know if you should stir things up.

 

One option might be to ask the Chairman of the Planning Committe to remind members that if they have submitted a private objection to an application before its even discussed by the Committee then this could be considered predetermination. You could do that anonymously. 

 

Otherwise I guess you could refer to the objection and ask the chair to clarify if Mr X will be participating in the decision making process as a member of the Committe or as a private individual?

 

 

[Lincolnshire Ian]

Thank you everyone. 

If our application goes to the Planning Committee (not guaranteed at this point), we will need to consider our next steps carefully. 

Thanks for your help, it really is appreciated.