Minutes o the Standards Committee held on 19 October 2004

35. MINUTES

RESOLVED :

THAT, subject to the typographical errors on page A-3 being amended and the Minutes being numbered correctly, the Minutes of the meeting held on 23 June 2004 be confirmed and signed by the Chairman.

36. CODE OF PRACTICE FOR COUNCILLORS AND OFFICERS DEALING WITH DEVELOPMENT CONTROL MATTERS

The Monitoring Officer presented his report on the draft Code of Practice for Councillors and Officers Dealing with Development Control Matters that had been considered by the Full Council where issues had been raised relating to paragraphs 11 (support for national or local policies) and 20-22 (Local Member involvement at meetings). The Committee had expressed an earlier wish to consider the Code of Practice and were therefore invited to consider some suggested revisions to these paragraphs that aimed to resolve the issues raised by Council.

The issue relating to paragraphs 20-22 revolved around the discretion of the Chairman of the Development Control Committee to allow Members who were neither on that Committee nor a Member of an area in the vicinity of an application who, for whatever reason, wished to speak at a meeting of the Committee. This wish needed to be balanced against the need for the Chairman of the Committee to manage the business of the meeting. The Monitoring Officer suggested some wording that would make it clear that in such circumstances a member could speak at the discretion of the Chairman provided that the member has a contribution to make which relates to material planning considerations.

The issue relating to paragraph 11 was the definition of when a member was consistently unable to support national or local planning policies refraining from participation in Development Control decision-making. The Committee considered it important that the Development Control Committee should follow policies although appreciated the conflict between national and local policies (or even aspirations) that could occur.

The Committee considered the views of the Chairman of the Development Control Committee on both issues and that the suggested wording should be recommended to Council for inclusion.

During the debate some further detailed amendments were suggested to appendix 2 of the Code of Practice and the Monitoring Officer agreed to make these amendments.

RESOLVED :

(a) THAT Council be recommended to adopt the draft Code of Practice for Councillors and Officers dealing with Development Control Matters subject to paras 11 and 23 being amended to read:

Para 11: Members who are consistently unable to support national or local planning policies will inevitably find themselves unable to take objective decisions in relation to individual planning applications, and should not participate in Development Control decision making. The decision as to whether a member can continue to participate in Development Control decision-making is one primarily for individual members, having advice. However, any member who finds themselves speaking against a particular policy on two or three occasions during a twelve month period or five or six occasions during the lifetime of the Council might choose to regard themselves as unable to support that particular policy and withdraw from debate where it is being applied. Where a member speaks against all three or more policies during a twelve month period, or against five or six over the lifetime of a council similarly they may find themselves as being unable to support national or local policies to the extent they should not make Development Control decisions.

Para 23: (with the added sub heading of: Other Members)

The Chairman of Development Control Committee has the discretion to invite members of the Council who are not members of the Development Control Committee nor the member within whose electoral division the proposed development is located to address Development Control Committee. The Chairman will usually allow a member in this position to speak in relation to any issue where that member has a contribution to make which relates to material planning considerations, where it has not been practicable for the contribution to be made in writing via officers of the Planning Service and no other member of the Development Control Committee can, or will, make the contribution which the non-local member wishes to make.

At this point of the meeting Mr V Morey left to attend a funeral and the Committee was technically inquorate. However the remaining Members continued to consider the rest of the agenda and concluded on these issues as set out below.

37. ETHICAL AUDIT

The meeting noted that the interviews as agreed at the last meeting of the Committee had now been held and that an analysis of these would be considered at the next meeting of the Committee.

38. REVIEW OF PUBLICATION OF MEMBERS’ ATTENDANCE FIGURES

The Monitoring Officer reported on the feedback from the suggested revised definition on what member absences could be excluded for the purposes of the publication of these figures. In the light of these a revised wording was suggested that had been welcomed by the Leaders of the two largest political groups on the Council.

During the debate the arrangements for ensuring the accuracy of the published figures was explained. It was also noted that at a later meeting the Committee would review the operation of the scheme to ensure it was meeting the objective.

CONCLUDED :

THAT the scheme for the publication of members attendance figures be amended as follows:

“That the number of absences from meetings when on other Council business, or other Local Authority business by virtue of being an Isle of Wight Councillor, be excluded from the percentage headline figure.”

39. MATTERS FROM THE STANDARDS BOARD

The Monitoring Officer reported that since the last meeting of the Committee 4 complaints against Isle of Wight Council members had been submitted to the Standards Board for England. Of these it had been concluded that three should not be investigated and that one was initially investigated but no action was required. A complaint against a Parish/Town Councillor was being investigated by the Standards Board for England.

It was also noted that a hearing had been arranged for the Adjudication Panel to consider the findings of a complaint against a former Isle of Wight Councillor.

CONCLUDED :

THAT the update as set out above be noted.

40. MATTERS BEING REPORTED BACK

(a) Standards Board Conference – 13 to 14 September 2004

The Chairman circulated his report on his attendance at this conference. A Number of items that had arisen would be considered by the Committee in due course.

CONCLUDED :

THAT the report of the Chairman be noted.

(b) Independent Members Forum – 4 October 2004

Mr G Hibberd’s report on the items considered by this forum was received and noted.

41. WORK PROGRAMME FOR THE COMING YEAR

The Committee considered its Work Programme for the coming year.

RESOLVED :

THAT the Work Programme for the coming year be as follows :

Meeting	Agenda Item
Tuesday 30 November 2004	· Conclusion of Ethical Audit interviews · Methodology for Review of Ethics and Probity in Parish/Town Council Context · Work Programme for the year 2005
Tuesday 8 February 2005	· Report on the Review of ethics and probity in Parish/Town Council context. · Review of Terms of Reference · Review of Induction Programme for members following elections in May. · Annual Report
Tuesday 12 April 2005	· Issues arising from Annual Conference
Tuesday 5 July 2005	· Review of the publication of Members Attendance figures
Tuesday 6 September 2005	· To be determined
Tuesday 8 November 2005	· To be determined
Standing items	· Report on Standards Board activity including guidance; statistics; analysis; case reports. · The Committee’s Work Programme
Other meetings as necessary	· Allegations referred by the Standards Board for England and Wales for local determination. · Requests for dispensations. · Urgent ethical and probity issues as they arise.

CHAIRMAN

Mr A C Bartlett, Mr R Mazillius, Mrs M Miller, Mr A Sutton and Mr A Taylor

Para 23: (with the added sub heading of: Other Members)

Meeting

Agenda Item