PAPER D
Purpose : for Decision
REPORT TO THE COUNCIL
Date : 24
NOVEMBER 2004
Title : RECOMMENDATIONS
OF THE STANDARDS COMMITTEE
IMPLEMENTATION
DATE :
24 November 2004
1.
Council are invited to
consider the following recommendation from the Standards Committee held on 19
October 2004:
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.
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.
Attached at Appendix A is a
full copy of the Code of Conduct with the above recommendations included, for
Council to consider adopting.
APPENDIX A
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.
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. 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.
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.
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.
EXECUTIVE MEMBERS
24.
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.
25.
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.
26.
Development Control decisions must be taken objectively on the basis of
relevant information.
27.
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.
28.
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.
29.
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.
30.
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.
31.
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.
32.
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
33.
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.
34.
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
35.
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.
36.
Individual Councillors should reach their own conclusions on planning
matters rather than follow the lead of another Councilor. 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.
37.
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.
38.
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.
39.
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
40.
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.
41.
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.
42.
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.
43.
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
44.
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.
45.
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.
46.
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
47.
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.
48.
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.
49.
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
50.
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
51.
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.
52.
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.
53.
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
54.
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.
55.
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.
56.
The names of the proposer and seconder of any site inspection will be
recorded along with the reasons given for advocating a site inspection.
57.
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.
58.
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
59.
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
60.
Decisions by
Development Control Committee will be clearly minuted.
61.
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.
62.
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
63.
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.
64.
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
65.
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.
66.
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.
67.
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.
68.
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.
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.