Agenda item

Planning Code of Practice

Minutes:

C Gaunt introduced the report to members. The amendments to the code of practice are highlighted in red. The planning code of practice was adopted in 2008 and the Localism Act in 2011 brought changes and the code of practice has not been reviewed since. On page 96 of the agenda, paragraph 5.8 deals with pre-meetings and states that there should be no discussion of planning merits before the committee meeting. The report went to the Standards Committee in December 2016 and their comments and suggestions have been included in the report.

Councillor Birnie said he felt some of the amendments, especially paragraph 5.8, could be construed as treating members as incompetent. He said he had a duty of care to his electors and he was not happy with the suggestion that members must report a site visit.

C Gaunt said that was not the intention. The code of practice formalises what is and is not expected of members and officers in a public document

Councillor Matthews referred to point 10.1.5 where it says members should not enter a site unless on a formal site visit. He said he often drives by sites that are before committee and feels this does not need to be reported to officers. He said he felt that the document needs greater clarification as a lot of the language is open to interpretation.

Councillor Tindall said he was a member of the Standards Committee and was at the meeting this was discussed. He said this document appears critical but it is a way of protecting members and referring to Councillor Matthews’s comment, the paragraph above states that drive byes are acceptable. The point about entering sites is that if you meet the site owner or the developer, then members are at risk and are not protected currently.

Councillor Matthews said he agreed but it is not always possible to avoid developers on the site as he has had previous experience of this. He felt the code of practice was a little bit over the top.

Councillor Birnie asked what the definition of a formal site visit was.

Councillor D Collins said from the comments he had heard from the committee, he felt that some aspects of the document need more definition and clarity before the committee were happy to refer the report to Council.

Councillor Ritchie pointed out that paragraph 10.5 could be for members to advise officers not for members to ask permission and then it is put on record. However, he says it is not very clear.

Councillor Tindall said that if he meets residents of his ward and then a planning application comes to committee, he removes himself from the discussion and the vote and therefore protects himself, the committee and the council. He suggested that members defer the report and submit their comments and amendments to the Chair so that the report can be changed.

Resolved

That members of the committee submit their amendments to the Chair by 1st February 2017 and receive the amended report at the meeting on 23rd February.

 

 

Supporting documents: