PURPOSE

1. To initiate debate among members of the Standards Committee on a draft Code of Practice for Councillors and Officers Dealing with Development Control Matters, leading to recommendations to Full Council.

BACKGROUND

2. At its meeting on 15 September 2004 Full Council considered the attached draft Code of Practice (Appendix 1). Members of the Full Council raised issues arising from the three paragraphs, 20-22 under the side heading “Local Member”, and also in relation to paragraph 11.

3. The decision of Full Council was to ask the existing Corporate Governance Working Group to undertake some further developmental work on this section of draft. The Chairman of the Standards Committee, which had previously expressed an interest in considering and making recommendations on this Code of Practice, has suggested that the Standards Committee undertake a piece of work initially (which may remove the need for the Corporate Governance Working Group to meet).

4. In relation to Development Control Committee decisions there are three groups of members. Firstly there are members of the Committee (including those attending the meeting as substitutes) who are entitled to debate and vote upon items under discussion. Local members (that is a member within whose electoral division the proposed development is located) and the Portfolio Holder for Sustainable Development and Planning Policy are both entitled to attend the meeting and to address it but not to vote. The third group of members are those who, although they may have an interest in the particular development, do not represent the area in which it is proposed nor are members of the Development Control Committee.

5. This is an ethical issue at least insofar as the Standards Committee can assist the Chairman of Development Control Committee which can be summarised (as it is in relation to the Chairman of the Council in Article 5 of the Constitution) to preside over meetings … “so that business can be carried out efficiently and with regard to the rights of Councillors and the interests of the community”.

6. In the context of the Development Control Committee, this principle takes unique shape. Debates at Development Control Committee should only be about material planning considerations. That is the class of factors, relating to a proposed development, which the law recognises as being relevant to its approval or refusal. The job of the Chairman is to ensure that debates cover only that territory.

7. Equally, the Chairman has an interest in ensuring that all interested parties, and particularly members of the community who may take differing views on a proposed development, see Elected Members having a chance to represent their views without unnecessary restriction.

8. If these principles are not adhered to development control decisions are vulnerable to challenge. For several years the convention, which has been enshrined in the Constitution, has been that local members may speak on issues relating to their Electoral Division. The constitution has been silent on other members who have an interest but are not the local member nor a member of Development Control Committee. On at least one occasion this has proved to be a deficiency in the Constitution and the Chairman was asked to adjudicate as to whether or not a member with no local connection to a proposed development who was not a member of the Committee should be allowed to speak. There is no prohibition in law or in the Constitution from the member being entitled to speak, this is a matter for the discretion of the Chairman.

PROPOSAL

9. In order to assist the Chairman in his/her duties and to assist those giving him/her advice, and those Elected Members and members of the public who are affected by Development Control business, it is proposed that an additional paragraph is added to the existing draft Code of Practice.

Other Members

23. 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.

10. It should be noted that this is not an exclusive rule. Should the Chairman, in any circumstances, wish to extend the invitation to a member to speak in other circumstances (although it is difficult to see when this might arise) he/she is perfectly entitled to do so. As a matter of courtesy to the Chairman, to assist him/her in regulating the meeting and conducting business efficiently, it should be anticipated that the member wishing to address the Development Control Committee will explain to the Chairman, in advance, what contribution they wish to make and why they wish to make it personally rather than in writing.

FULL NATIONAL OR LOCAL PLANNING POLICIES

11. The draft Code of Practice, at paragraph 11, refers to members who are consistently unable to support national or local planning policies refraining from participation in Development Control decision-making.

12. This is an extremely important principle as, contrary to the aspirations of many Elected Members in local communities, the role of Development Control Committee is not to give unfettered effect to local opinion in relation to proposed development. The primary purpose of Development Control decisions is to apply locally and nationally adopted policies in order to control such development.

13. It is, therefore, ultimately untenable for a member who is opposed to national or local planning policies and consistently cannot support decisions which apply them to participating DC decision-making.

14. Members of the Council, whilst understanding this principle were concerned that the Code of Practice, as drafted, was of limited use in assisting to judge when they were in a position where they should regard themselves as unable to participate in decision-making. It is therefore suggested adding to the current draft:

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 they 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.

RECOMMENDATIONS

15. It is recommended that members of the Standards Committee endorse, for approval at Full Council, the draft Code of Practice with the additional paragraphs set out above.

BACKGROUND PAPERS

Draft Code of Practice

Constitution of the Council

Contact Point : John Lawson, F 3203

JOHN LAWSON

Monitoring Officer

APPENDIX 1

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

INTRODUCTION

1. Development Control is among the most controversial and high profile functions of the Local Authority. Councillors need to balance their duties to individual constituents, and to the community which they represent, with the need to objectively determine Development Control issues in accordance with the law, and locally adopted planning policies.

2. The principal purpose of this guidance is to assist Officers and Members in delivering unimpeachably high standards of Development Control decision making. It applies equally to Elected Members who are sitting on Development Control Committee, Members who otherwise attend Development Control Committee and/or who have an interest as a Local Member in issues being determined by that Committee. It also applies to Officers throughout the Local Authority.

3. Officers need to be able to exercise their professional roles, which involve advising applicants, Elected Members taking decisions and, also, taking decisions themselves under the scheme of delegations.

OTHER RELEVANT CODES AND PROTOCOLS

4. Regulation of Members’ conduct is principally by the National Code of Members Conduct which has been adopted by this Authority. Breaches of this code are investigated and policed by the Standards Board for England.

5. Local Codes of Conduct, such as this code of practice, are policed by the Standards Committee and the Monitoring Officer.

6. Relationships between Members and Officers are considered in detail in the Member/Officer Protocol also forming part of this constitution.

7. The roles of Councillors are considered in some detail in a number of job profiles, also forming part of the constitution.

8. Officers who are members of the Royal Town Planning Institute must follow a code of professional conduct. Breaches of that code may be subject to disciplinary action by the institute.

9. The constitution contains rules on acceptance of gifts and hospitality. Neither Councillors nor Officers should ever place themselves in a position of accepting hospitality from an applicant or an objector.

DECISION MAKING

10. The Town and Country Planning Act 1990 establishes a plan led system. Planning applications must be determined by reference to the Unitary Development Plan. Each application must be decided in accordance with the plan unless there are enough material considerations to justify a departure from the policy.

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.

12. Local opposition or support for an application is not a ground for making a decision unless that opposition or support is based on material planning considerations.

13. Development Control regulates the right and privileges of individuals. There will always be a recommendation from Officers. Only in exceptional circumstances will Members abstain. Where a Member does wish to abstain they should explain the reasons for doing so during their contribution to the debate.

14. Members can only take informed, objective, decisions when they have received and carefully read all written reports and submissions. They must also carefully listen to all public speaking contributions and to all contributions to the debate from Members. Therefore any Member who has not been present throughout the whole consideration of an item must not vote.

15. Where officers determine applications under delegated powers;

· A record will be kept of the planning considerations taken into account;

· Appropriate documentation will be retained indicating the Chairman of the Committee’s and the ward member’s agreement with that delegated decision.

DECLARATION AND REGISTRATION OF INTEREST

16. The National Code of Members Conduct, adopted by this Authority, sets out a regime for recording personal and prejudicial interests.

17. A personal interest is one which affects the member more than other voters, residents or tax payers. The fact and nature of a personal interest must be declared and the member may stay and participate in the debate and vote.

18. A prejudicial interest is a personal interest which may reasonably be taken to prevent the Member from taking an objective decision. The fact and nature of such an interest must be declared and the Member must leave the room, not participate in debate, vote or otherwise attempt to influence the decision.

19. Details of the interests regime are set out in the Members Code of Conduct elsewhere in the constitution.

LOCAL MEMBER

20. Any Local Member who is not a member of the Development Control Committee is entitled to attend and speak in relation to any issue with direct impact on their electoral division. They may not vote.

21. Members of the Committee who are determining matters of direct relevance to their electoral division will, by local convention, declare the fact and nature of the impact on their electoral division as a personal interest and may speak but will not vote on the issue. This convention is followed in order to protect the Development Control Committee from the perception that decisions are being taken on the basis of local opposition or support rather than material planning consideration.

22. This arrangement also protects against the perception that those areas which are represented by a local member who sits on Development Control Committee have a disproportionate influence on the planning processes.

EXECUTIVE MEMBERS

23. The Executive Member with responsibility for planning policy will not be appointed a Member of Development Control Committee. That Portfolio Holder is nevertheless entitled to attend the Committee and speak on any item which raises particular planning policy issues.

24. Other Members of the Executive may be appointed to Development Control Committee but must always be aware that their Portfolio Holder responsibilities may prevent them from taking (and being seen to take) objective decisions about Development Control matters. Executive members who do sit on Development Control Committee need to be particularly aware of the following:

(a) They may, in their Portfolio role, have already expressed an opinion about the issue under discussion. Where the decision has been prejudged in this way the Executive Member should neither speak nor vote on the issue.

(b) Where the Portfolio Holder has a particular perspective due to their portfolio responsibilities, the local convention is that the Executive Member may attend and address the Committee but will refrain from voting.

(c) Sometimes the Portfolio Holder may still, either as Local Member or as an ordinary Member of Development Control Committee, wish to speak and vote on an issue which also interests them as Portfolio Holder. In order to be able to do this they must avoid prejudging the issue before the meeting, and they must declare as a personal interest the potential for conflict between their Portfolio Holder interest and their role as a decision maker. So long as the declaration of a personal interest is made they may speak and vote.

LOBBYING OF AND BY COUNCILLORS

25. Development Control decisions must be taken objectively on the basis of relevant information.

26. Where Development Control Committee are taking the decision all, and only, relevant information must be presented either in writing or orally to the Committee meeting.

27. It is perfectly proper for Elected Members to give applicants and objectors factual information about the process but, other than this, contact with applicants or objectors should be treated very carefully. In particular Members who wish to participate in taking a decision must never express an unequivocal opinion about the merits of an application.

28. Whilst it will usually be easier for Members to avoid debating future decisions, particularly in public forums, they may occasionally wish to do so. When this happens they should use a form of words such as “on the basis of the information I have at the moment I am likely to oppose/support the application”. Any Member who makes a stronger statement, such as “this application will be passed over my dead body” will not be able to take part in the decision by the Committee.

29. Any Member who believes they are being lobbied by applicants, objectors or other Elected Members should report the lobbying to Head of Planning Services, who will retain a register of such reports.

30. Members should be particularly careful not to exert pressure on an Officer who has to make a recommendation to Development Control Committee. If any Officer believes that pressure is being exerted upon them they should notify the Head of Planning Services and/or Monitoring Officer immediately. In the event that the Head of Planning Services believes that pressure is being exerted upon his/her role, he or she should notify the Strategic Director of Environment Services and/or the Monitoring Officer immediately.

31. Officers will take many planning decisions under Delegated Powers. It is similarly unacceptable for those Officers to be lobbied or subject to undue pressure.

PARISH COUNCILS

32. The danger of prejudging an issue arises not just at public meetings but also in Parish Council debates. Taking part in a Parish Council debate does not prevent Councillors from decision taking at Development Control Committee or other Members from participating in the debate. However Parish Councils do not have the advantage of planning advice nor complete information on any application. Contributions by Elected Members at Parish Councils must therefore be carefully worded to avoid evidence of the decision having been prejudged.

33. When a Member has participated in a public debate, at a Parish Council or elsewhere, they should declare this as a personal interest when they speak at Development Control Committee and should make a clear statement that they have not prejudged the issue. Detailed advice on this matter is set out in paragraph 17 of this Code of Practice.

WHIPPING

34. The use of party political whips in Development Control decisions is maladministration. Whipping must not therefore take place. It is inappropriate for political parties to take a view on planning applications.

35. Individual Councillors should reach their own conclusions on planning matters rather than follow the lead of another Councillor. However, the views of other Members of the Committee, where they are relevant, can be one of the factors taken into account in taking a decision.

PRE APPLICATION DISCUSSIONS

36. The opportunity for developers to discuss development proposals with planning officers in advance of the submission of applications is recognised best practice. It provides potential developers with detailed guidance on planning policies and other material considerations relevant to proposals. It is preferable that Members do not take part in pre-application discussions in order to maintain impartiality. In certain circumstances, Members may be invited by officers to become involved in such meetings. In no circumstances should Members become involved in pre-application meetings without the assistance and attendance of a planning officer.

37. Notes of all pre-application meetings will be taken, and agreed with the parties attending the meeting. Where appropriate, notes of pre-application meetings will be included on subsequent application files.

38. At the discretion of the Head of Planning Services, developers proposing the submission of major planning applications may be offered with an opportunity to present the outlines of their proposal to Member of the Development Control Committee prior to formal submission. In such circumstances, Members should recognise that the presentation is for information only, and that the decision making process should not commence until such time as any ensuing application is subsequently made.

DEVELOPMENT PROPOSALS SUBMITTED BY MEMBERS AND OFFICERS, AND FOR COUNCIL DEVELOPMENT

39. In order to ensure that the public has full and proper confidence in the planning system, all planning applications submitted either by Members of the Isle of Wight Council, a member of their family, or by an officer employed in Planning Services of the Isle of Wight Council shall be reported to the Development Control Committee. Any planning application submitted by an officer other than in Planning Services who has contact with Planning Services shall also be reported to the Development Control Committee. The Head of Planning Services, in consultation with the Chairman of the Development Control Committee and the Monitoring Officer, shall determine which such proposals are reported to the Committee.

40. All Planning Services officers shall declare to the Head of Planning Services any interest which they may have in any third party application (eg an application submitted in their immediate neighbourhood or by a society or club of which they are a member) and take no part in the determination of that application.

41. At the meeting of Development Control Committee to which an application submitted by a Member of the Isle of Wight Council is reported, that Member should neither vote nor speak on the application during the debate and should withdraw from the meeting. The opportunity to present a case to the Committee as part of the Public Speaking scheme (see paragraphs 50-52 of this Code) will be available. All Members of the Council who may be considering the submission of an application are strongly advised to employ the services of a professional agent to avoid partiality, to ensure proper contact with officers during its processing and to address the Committee as appropriate.

42. Applications made on behalf of the Council for its own development must be determined in an identical manner to applications made by the general public and the same planning policy considerations applied. Decisions must be made strictly on planning merits and without regard to any financial or other gain which may accrue to the Council if the development were to be permitted.

In general terms, the following types of Council development will be considered by the Development Control Committee:

· Proposals which due to their scale and extent would automatically be considered by the Development Control Committee.

· Proposals which involve the subsequent disposal of land or premises to a third party.

· Proposals which involve a significant change of use or operation of land and premises.

· Proposals which have attracted a significant amount of public representation.

The Head of Planning Services and the Monitoring Officer will determine which applications fall into the latter two categories.

TRAINING

43. The importance of informed objective decision making in relation to Development Control issues is so important that this Council has a policy of training all Members taking Development Control decisions before they start to do so. Members shall not participate in a Development Control decision without having attended Development Control.

44. As well as training new Members periodic refresher and updating training is also delivered. This training will be undertaken either by the Head of Planning Services, Planning Officers or external trainers as appropriate. It is extremely important that Elected Members participate in this training. Any Member who believes they are not sufficiently trained should not participate in Development Control decisions.

REPORTS TO DEVELOPMENT CONTROL COMMITTEE

45. All reports will :

· Give comprehensive details of the location and nature of the site

· Summarise the planning history.

· Identify relevant planning policies.

· Evaluate all material planning considerations.

· Assess any human rights implications.

· Set out the representations received on the proposal.

· Set out the Human Rights issues relevant to the proposal.

· Set out a clear recommendation. In the case of a recommendation to approve, appropriate conditions will be set out. In the case of a recommendation to refuse, detailed reasons for refusal will be set out.

BRIEFING

46. In the period between the publication of the Committee agenda and the holding of the meeting itself, a briefing will be held for the Chairman and Vice Chairman of Development Control Committee and the Portfolio Holder for Planning Policy issues on the Council's Executive. The briefing will be organised by the Development Control Manager and appropriate planning officers. An appropriate legal officer will also be in attendance, together with the Committee administrator.

47. The purpose of the briefing is to:

· Advise Members of the key points on each planning application,

· Advise Members of the extent of public speaking at the Committee meeting.

· Discuss administrative issues in relation to the detailed organisation of the meeting.

48. The briefing should not be used by Members attending as an opportunity to exert pressure on officers to pursue a particular course of action. Detailed guidance on this matter is set out in paragraph 30 of this Code of Practice. Similarly the briefing should not be used by officers to impose a particular outcome.

CONDUCT AT MEETINGS

49. It is important that public confidence in Development Control is maintained. The conduct of Members at meetings is extremely important. The following arrangements will help:

· Members of the Committee will sit in a designated seat marked with their name plate.

· A seating plan will be available for members of the public.

· Members will speak clearly and concisely using microphones so the public and others Members can hear what is being said.

· The Chairman will introduce speakers by family name.

· Mobile phones will be switched off.

· Eating and drinking is discouraged.

· Occasional breaks will be taken during long meetings.

· Only exceptionally will the Chairman allow Members to speak for more than five minutes.

PUBLIC SPEAKING

50. In order to ensure that Committee Members have access to a full and appropriate understanding of the often divergent comments on a planning application, the Council operates a scheme of public speaking at Development Control Committee.

51. Full details of the Public Speaking scheme are set out in "Your Chance to Speak - Public Speaking at Development Control Committee" available in leaflet form from the Head of Planning Services. In summary, the key elements of this scheme are as follows:

· Public speaking is permitted on all planning applications considered by the Development Control Committee.

· Three groups of speakers are permitted on any application - the applicant/agent, objectors and Parish/Town Councils. Each of these groups will have up to three minutes to present its case. A maximum of three people can speak for each group, with the time divided equally between them.

· Public speaking on any application is only permitted on the first occasion the application is considered by the Development Control Committee.

52. Members of the Development Control Committee should give appropriate weight to the representations made by the public in their determination of planning applications. Comments made by speakers exercising their right to address the Committee will, in most cases, highlight comments already summarised in the officer report on the application. In some cases, other issues will be raised which will not already be covered in the report. In assessing comments made during public speaking, Members must only give weight to issues which are material planning considerations. Detailed guidance on this matter is set out in paragraph 10 of this Code of Practice. Where appropriate and/or necessary, the Chairman of the Committee will request officers to comment on items raised by the public in general, and whether or not they are material to the determination of the application in particular.

SITE INSPECTIONS

53. Exceptionally a visit to the site may be necessary to allow a fully informed decision to be taken. Requests for site inspections should be made in the context of the Protocol for Development Control Committee Requests for Committee Site Inspections set out at Appendix 1 to this Code of Practice.

54. Any member of the Committee, and any Local Member attending, may propose a site inspection. A Local Member who is not a member of the Committee can suggest a site inspections but the proposal must be made and seconded, by two members of the Committee entitled to speak and vote.

55. The names of the proposer and seconder of any site inspection will be recorded along with the reasons given for advocating a site inspection.

56. Site inspections by their nature can give rise to a perception of bias or undue influence. In order to prevent such perception, site inspections should be carried out in accordance with the Protocol for the Organisation of Development Control Committee Site Inspections set out at Appendix 2 to this Code of Practice.

57. A site inspection consumes considerable resources, delays determination of the issue, and is an imposition on owners and occupiers of the site. It is, therefore, appropriate that officers identify sites to be inspected as part of the regular site inspections prior to their consideration at the Committee.

COOLING OFF PERIOD

58. Where a decision in the opinion of the Head of Planning Services is contrary to Section 54A Town and Country Planning Act 1990 and could not be sustained under challenge, the “cooling off” procedure adopted in September 1997 may be invoked. The effect of this action is that a decision notice will not be issued on the application. A report to the next available meeting of Development Control Committee will analyse the sustainability of the decision and the possibility of precedent. This report may include external legal or planning advice. Reasons will be given for the invoking of the cooling off period.

MINUTES/RECORDING DECISIONS

59. Decisions by Development Control Committee will be clearly minuted.

60. Where a decision against officers' recommendation is made, clear and sustainable reasons must be set out by the Committee. Members who are considering determining an application contrary to officer recommendation are strongly recommended to seek professional advice from the Development Control Manager and/or the case officer before raising the matter at Committee. In any event, all decisions made at Committee contrary to officer recommendation will be subject to a named vote.

61. It is not possible to revisit decisions after the meeting and the Chairman and those advising and assisting them, must be confident that sufficient and comprehensively recorded reasons for the decision have been set out before the next agenda item is taken.

REVIEW AND MONITORING

62. Annually, the Development Control Committee will review a sample of Development Control decisions in order to assess their impact. As part of this process a visit will be organised by the Head of Planning Services and/or the Development Control Manager to a sample of sites where developments have recently been completed.

63. Every six months, the Monitoring Officer and/or Head of Planning Services will report to the Development Control Committee an analysis of:

· All decisions which are a departure from policy.

· All decisions which are against officers’ recommendation.

· Site Visits.

SANCTIONS

64. Elected Members who act in breach of this code of practice risk one or both of the following:

(a) Being the subject of a complaint about a breach of this code to the Monitoring Officer. Where that complaint cannot be resolved, to the satisfaction of the complainant, on an informal basis the complaint will be investigated and referred to the Isle of Wight Council Standards Committee.

(b) More serious cases, particularly breach of paragraphs 17, 18, 27, 28, 30 and 48 will be regarded by the Isle of Wight Council as bringing the Council in to disrepute and therefore being in breach of the Code of Members Conduct. Complaints about such a breach are referred to, and investigated by the Standards Board for England.

65. Breaches of the Council Procedure Rules, particularly the Development Control Procedure Rules, may invalidate a planning decision leaving that decision vulnerable to challenge on appeal, through judicial review or by the ombudsman.

66. Breaches of Codes of Practice and Protocols are more likely to render individual Members open to personal sanctions rather than invalidate the decision or make a finding of maladministration more likely.

67. Officers who act in breach of this Code of Practice may be in breach of their contract of employment and subject to disciplinary or capability procedures.

APPENDIX 1

PROTOCOL - DEVELOPMENT CONTROL COMMITTEE REQUESTS FOR COMMITTEE SITE INSPECTIONS

BACKGROUND

1. This protocol has been prepared to identify circumstances in which either Members of Development Control Committee, or other Members of the Council, can request for a site inspection prior to the determination of a planning application.

2. Requests for site inspections should only be made at the Development Control Committee as part of the debate on any particular planning application. There is no mechanism for Members to request a Committee site inspection of an application which is to be determined by officers under the provision of the delegation arrangements.

3. Site inspections play a valuable role in the determination of planning applications. They allow Committee Members to inspect the site first-hand and to appreciate the issues raised by the applicant, objectors and planning officers. Correctly used site inspections can enhance the decision-making process, can enhance public confidence in the development control process and can avoid any suggestion that the Committee was making decisions on the basis of inadequate information.

4. Committee site inspections should, however, never be used to delay the processing of an application, to replace the need for accurate plans to be submitted with the application, to placate local residents or directly in response to a request from an objector taking up his or her public speaking opportunity at the Committee meeting.

PROCEDURE FOR REQUESTING A COMMITTEE SITE INSPECTION

5. In making their requests for a Committee site inspection, Members should clearly indicate the purpose to be achieved by the proposed visit.

6. The following list is not intended to be a definitive and exclusive list of criteria appropriate for Committee site inspections. Nevertheless, the following list of criteria sets out the type of applications that frequently lend themselves to site inspections by the Committee:

(a) applications where a Committee site inspection would allow Members to assess the impact of a proposal on the amenity of neighbouring properties where that impact is not obvious from the application drawings.

(b) applications where a Committee site inspection would allow Members to assess and/or understand the comments of consultees.

(c) applications where a Committee site inspection would allow Members to assess the impact of the design, scale and massing of a proposal either in the local streetscene, or in the wider environment.

OTHER INFORMATION

7. This protocol should be read in association with the protocol on the Organisation of Development Control Committee Site Inspections.

APPENDIX 2

PROTOCOL - ORGANISATION OF DEVELOPMENT CONTROL COMMITTEE SITE INSPECTIONS

BACKGROUND

1. This protocol has been prepared to establish procedures for the organisation of Development Control Committee site inspections.

2. This note should be read in association with the Protocol on Requests for Development Control Committee Site Inspections.

GENERAL PRINCIPLES

3. A Committee site inspection plays an invaluable role in the determination of more complex or controversial applications. Site inspections allow Committee Members to have first-hand experience and understanding of both the application site and the proposal. Site inspections also provide Members with the opportunity to view particular aspects of a site, the proposal, or the wider local environment raised at the Development Control Committee by officers, the applicant or objectors.

4. Committee Members should under no circumstances make decisions on applications during the site inspection itself.

5. Members should debate the proposal at the Committee meeting immediately following the site inspection, and take into account both the appropriate policies in the UDP and all other material planning considerations (both those inspected on site and others which may not have been considered directly on the site inspection). Planning Officers will make the appropriate arrangements for the Committee to gain access to sites or to address the Committee before, during or after the inspection.

PROCEDURES AT SITE INSPECTIONS

6. The Development Control Committee site inspection provides the opportunity for Committee Members (including where appropriate the local Ward Member) to be briefed by planning officers on or around an application site. Neither members of the public (including supporters/objectors/Parish Councillors) nor the applicant (or the applicant's agents) are permitted to participate in the site inspection.

7. Committee Members (including where appropriate the local ward Member) will not debate the planning application with either members of the public or the applicant during the course of the site inspection.

8. Committee Members (including where appropriate the local ward Member) will not debate the planning application with either members of the public or the applicant in the period between the termination of the Committee site inspection and the commencement of the Development Control Committee immediately following the site inspections. In the event that a site inspection takes place prior to the consideration of the application at Development Control Committee Members will consider their findings at the inspection with other material considerations at the meeting.

9. Committee Members (including where appropriate the local ward Member) will receive a group presentation from an appropriate planning officer at the outset of the site inspection.

10. Committee Members (including where appropriate the local ward Member) will be shown by an appropriate planning officer key elements of both the site and its wider environment (as appropriate).

11. Committee Members (including where appropriate the local ward Member) will ask the appropriate planning officer to clarify any matters of detail at the end of the group presentation.

12. Committee Members (including where appropriate the local ward Member) will remain as a single group throughout the full course of the site inspection as set out in Points 9 to 11 (inclusive) above.