Decision details

(Time: 4.28pm to 4.31pm)

The Executive received and considered report 185/07 of the Deputy Director (Planning and Community Strategy) regarding a review of the Planning Code of Conduct.  The Council on 4 December 2007 had considered a revised draft of the Planning Code of Conduct.  Concerns were expressed about a new provision in the draft code which would establish the principle that local Members would be invited to observe and take part in pre-application discussions, in cases where a formal officers’ development team had been set up to take forward discussions in response to large, proposed developments in the Vale.  Decisions to set up a development team were taken by the Deputy Director in consultation with the Planning Service’s Management Team in cases where it was considered that this would promote and assist the efficient handling of applications for major development proposals prior to their submission. 

The Council had resolved that the draft Code should be referred back to the Strategic and Local Planning Advisory Group for the new provision to be given further consideration and for the Code to be recommended back to the Council via the Development Control Committee, Executive and Standards Committee. 

The report set out for the Executive the background to the proposed new provision and suggested an alternative wording for the relevant section of the draft code, to clarify the arrangements governing Member involvement.  Members noted that the recommendations below have been considered and endorsed by the Strategic and Local Planning Advisory Group and the Development Control Committee.  The Executive also concurred with the recommendations. 

R E C O M M E N D E D     (by seven votes to nil)

that the Standards Committee and subsequently the Council be recommended to approve the amended wording of paragraph 4.6 of the draft Planning Code of Conduct, dealing with Member involvement in pre-application discussions, to read as follows:

“4.6  In response to large proposed developments, where a formal officers Development Team has been set up, local ward members may be invited to attend, observe and take part in pre-application discussions at meetings of the Team.  A request to be involved in such discussions should be made by the ward member to the Deputy Director (Planning and Community Strategy) who will consider the request in consultation with the Chair and/or Vice Chair of the Development Control Committee and the Opposition Planning Spokesman.  The views of the applicant on ward member involvement in a development team will be sought to help inform the consultation.  In the event that a ward member is invited to become involved in pre-application discussions it is important that they restrict their involvement to receiving and gathering information about the proposals and providing views on the issues likely to be of concern in the locality.  It is also important that matters of a commercially confidential nature to the potential applicant are respected and that any commercial confidentiality is maintained.  Members should not engage in negotiations and should avoid giving any firm commitment or impression of a firm commitment that they hold any particular view about the merits of the proposal.  If it is known that a Ward Member has publicly expressed a particular view about a major development proposal prior to requesting involvement in Development Team pre-application discussions, this will be taken into account in the decision whether to grant their request to attend and participate”.