Cambridge City Council
Planning Code of Good Practice
1. Introduction
2. Relationship to the Members’ Code of Conduct
3. Development Proposals and Interests under the Members’ Code
4. Making decisions with a “closed mind” and the issue of bias
5. Contact with Applicants, Developers and Objectors
6. Site Visits
7. Public Speaking at Meetings
8. Officers
9. Decision Making
10. Development Control Forums
11. Training
1.
Introduction
1.1
This Code offers guidance to councillors about good practice in the planning
process. It supplements the Council’s Code of Conduct for Members and aims to
ensure that the Council is seen to make planning decisions properly, openly,
impartially, and for justifiable reasons.
1.2
This Code applies to Members at all times when involving themselves in the
planning process. It applies to formal decision-making and to less formal
occasions, such as meetings with officers or the public and consultative
meetings. It applies, for instance, to planning enforcement matters or site-
specific policy issues as well as to the consideration of planning applications. It
also applies to area committees and to development control forums.
1.3
If you have any doubts about the application of this Code to your own
circumstances you should seek advice early, from the Head of Legal
Services, preferably well in advance of any meeting.
2.
Relationship to the Members’ Code of Conduct
2.1
This Code is intended to supplement the Members’ Code of Conduct adopted by
the City Council. It is unlikely that there will be any conflict between the two
codes but, if there is, the provisions of the general Code will take precedence.
2.2
It is very important that members are careful to apply both the general Code of
Conduct and this Code in dealing with planning issues. Failure to do this may
place the Council at risk of legal challenge or a finding of maladministration. It
may also place you at risk of a complaint to the Standards Board for England.
3.
Development Proposals and Interests under the Members’ Code
3.1
If you have a Code of Conduct interest in any matter, you must disclose the
existence and nature of your interest at any relevant meeting, including informal
meetings or discussions with officers and other Members. It is best to disclose
your interest at the beginning of the meeting and not just at the commencement
of discussion on that particular matter. The Members’ Code of Conduct sets out
the circumstances which give rise to a personal interest.
3.2
If your interest is personal and prejudicial you may not participate in making the
decision, either formally or informally. You should also avoid giving any
impression of participation, as it is important to maintain public confidence in the
impartiality of councillors in decision-making. (A personal interest is classed as
“prejudicial” if it is “one which a member of the public with knowledge of the
relevant facts would reasonably regard as so significant that it is likely to
prejudice the member’s judgement of the public interest.”)
3.3
There are other things you should avoid if you have a personal and prejudicial
interest. These include the following:
• You should not try to represent ward or local
views on a matter in which you
have a prejudicial interest. In these circumstances it is appropriate to ask another
ward councillor to take on this role;
• You should not get involved in the processing of the application by using your
position as a councillor to get access to officers or papers;
• You should not lobby other members of the Council, including the circulation of
letters or emails, or by raising the matter in group or similar meetings;
• You may address the meeting that considers the application or other matter in
the same way that members of the public may address the meeting. However
you should then withdraw from the meeting (formal or informal) at which the
matter is under consideration. You may not sit in at the meeting, even as a
member of the public, and you may not vote. This is the position even if you are
not a member of the committee which is making the decision;
• If you are submitting your own planning application, or have a personal and
prejudicial interest a planning application, you should be particularly careful to
avoid any impression of either seeking or receiving special treatment. You
should also make sure that the Head of Development Services is aware of the
interest. You may wish to consider employing an agent to act on your behalf in
dealing with officers and/or addressing the committee. However, as mentioned
above, you may exercise the same speaking rights as are afforded to members
of the public, provided that you then withdraw from the meeting.
4.
Making decisions with a “closed mind” and the issue of bias.
4.1
It is important that councillors approach planning applications with an open mind
and are able to weigh all the arguments right up to the point at which a decision
is made. If you make it clear that you have made up your mind to vote for or
against an application before the meeting, regardless of the officer’s presentation
and evidence and arguments on both sides, this could well leave the eventual
decision open to legal challenge and/or a finding of maladministration.
4.2
You should be careful to avoid the following, where you are likely to be a
decision-maker:
• Making statements in advance of the meeting of how you are going to vote;
• Taking up a campaigning role for or against an application;
• Acting as an advocate for groups opposed to or supporting the application;
• Taking part in prior consideration of the application, for instance through
membership of organisations such as residents’ groups, lobby groups, civic
societies etc. which are consulted on the application.
4.3
This does not mean that you have to remain silent about applications before a
decision is made. You are entitled to express a legitimate concern about an
application, for instance when approached by constituents. Although care needs
to be taken, you will not be approaching a decision with a closed mind if you
express concerns about the application but make it clear that you will decide how
you will vote when you have considered all the evidence at the Planning
Committee/Area Committee.
4.4
If you have made a firm commitment to support or to oppose a planning
application, you should not speak as a member of the committee or vote.
However, provided that you do not also have a prejudicial interest, you may
address the committee as a ward councillor if you have the consent of the chair
or of
the committee to do so.
4.5
You should not participate in the consideration of a planning application if to do
so would give the appearance of bias. The test for bias is: “Would the fair-
minded observer, knowing the background, consider that there was a real
possibility of bias?” If you believe that your participation would lead a fair-minded
observer to consider that there is a real possibility of bias, you should not
participate in making the decision and should withdraw. The crucial point is to
avoid the danger of an appearance of bias and not whether, in practice, you
would approach the decision in a fair-minded manner.
4.6
In practice, there will often be an overlap between the circumstances in which
bias is an issue and a member having a prejudicial interest. But the bias rule will
apply, even where you do not have a prejudicial interest. It is difficult to advise on
all circumstances in which bias may be an issue but they might include the
following:
• Where you are associated in the public mind with an organisation which is
expressing a view on an application. Mere membership of, say, a campaigning
group which is objecting to an application may not be sufficient to give rise to an
appearance of bias. But the position may well be different if you are the chair or
secretary of the group.
• Where you are associated in the public mind with promoting a development
which leads to a planning application. This could, for instance, arise through a
community campaign for facilities, or a strong association with a club or society
which is developing its facilities. It could also arise in respect of applications
submitted by the Council. Mere membership of a committee which is associated
with an application is unlikely to give rise to an appearance of bias but you
should avoid considering an application if you are the executive councillor who
has approved its submission or have some other strong personal association
with the proposal which is the subject of the application.
4.7
Issues around bias are difficult and getting it wrong can lead to legal challenge
and/or reference to the Ombudsman. Each case needs to be considered on its
facts and if you are in any doubt you should seek advice from the Head of Legal
and Democratic Services.
5.
Contact with Applicants, Developers and Objectors
5.1
It is important to recognise that lobbying is a normal and perfectly proper part of
the political process and is important to local democracy; those who may be
affected by a planning decision will often seek to influence it through an
approach to their elected ward member or a member of the Planning Committee.
However, unless care is taken, lobbying can lead to the impartiality of a member
being called into question and to difficulties in the member participating in the
decision.
5.2
When being lobbied, members should pay heed to the advice in Section 4 about
the dangers of appearing to approach a decision with a “closed mind”. However,
unless you have a personal and prejudicial interest, you can:
• Listen to/receive viewpoints from residents or other interested parties
• Make comments to residents, interested parties, other members or appropriate
officers, provided this does not indicate that you are approaching the merits of
the application with a “closed mind”.
• Give non-technical advice on planning procedures, including suggesting to those
who are lobbying, that they should speak or write to the relevant officer, in order
that their opinions can be included in the officers report to Committee
• Seek information through appropriate channels
• Alert the decision-making committee to issues and concerns that have been
drawn to your attention.
5.3
If you are approached by applicants or others seeking planning, procedural or
technical advice, they should be referred to officers.
5.4
If you are invited to, or asked to arrange, a formal meeting with applicants,
developers or groups of objectors (for instance, residents’ associations) or
supporters, you should inform
the case officer dealing with the application. It is
generally better to put formal meetings on an official basis, with Planning
Department representation and a note taken of the meeting. This applies to all
stages of the planning process, including the pre-application stage.
5.5
If you receive any approaches which raise new issues or bring new information
to light, you should let the case officer know what these are as soon as possible.
If a developer offers any planning gain, or offers to accept any conditions on
development in return for consent, be sure to let the case officer know as soon
as possible.
5.6
If any approach by a developer or anyone else gives you cause to feel uneasy,
please approach the Head of Legal and Democratic Services.
5.7
In addition, if you consider any issue or fact to be a relevant consideration, and
other members may not be aware of it, be sure to raise it when the application is
considered. You should not rely on information which is not in the public arena in
reaching a decision.
5.8
In personal dealings with applicants, objectors etc, you should be mindful of the
need to avoid giving a firm commitment to support/oppose the application if you
are to participate in the decision. You should also bear in mind that your
overriding duty is to the whole community not just to the people in your ward, that
planning decisions need to be taken on planning grounds and that you should
avoid the appearance of improperly favouring any person, company, group or
locality
5.9
You should not accept gifts or hospitality from developers or from any person
involved in or affected by a planning proposal including pre-application
proposals. If acceptance of some hospitality is unavoidable, it should be kept to a
minimum and should be declared and recorded in the Council’s hospitality
register. The Council’s policy is that all hospitality beyond the trivial (tea and
biscuits or similar) should be entered in the register. This is more stringent than
the £25 minimum value referred to in the Code of Conduct. If significant
hospitality is offered, you should seek advice from the Head of Legal and
Democratic Services before accepting.
6.
Site Visits
6.1
Individual Planning Committee and Area Committee members may wish to visit a
site on which they have been asked to determine an application.
6.2
If you decide to visit a site, you should avoid putting yourself in a position where
you could be accused of partiality by any interested party to the application. It is
best to visit a site unaccompanied by the applicant or by objectors. However, if a
site visit is carried out in the presence of the applicant and/or their agent, or of
residents/objectors, you should bear in mind the advice given in paragraphs 4.2
and 4.3 of this Code. You should only seek factual information to help familiarise
yourself with the site and its surroundings. You should avoid being put under
undue pressure from any interested party to visit a site.
6.3
You should not enter onto private land or premises without first obtaining the
permission of the owner. Where possible, you should seek to familiarise yourself
with the site from a public viewpoint. If you go onto a site, you should only do so
if satisfied that it is quite safe to do so. You should not, for instance, enter a site
where excavations or building works are in progress unless guided by a
responsible site manager. If you anticipate a need to ask to enter onto land, you
should attempt to make arrangements in advance and should carry (and
produce) your Council identity card.
6.4
You should ensure that any information which you gained from the site visit is
reported back to the Committee, so that all Members have the same information.
6.5
Formal Committee site visits may be arranged at the request of members, but
this is likely to be practical only where there is a clear and substantial benefit.
When they occur a record will be kept of why the visit is being held and who
attended. An officer, who will point out any relevant factors and issues
concerning the site and its surroundings, will accompany committee members. A
site visit is not a meeting to discuss the planning merits of the scheme or to
make decisions.
7.
Public Speaking at Meetings
7.1
You should not allow members of the public to communicate with you during the
Committee’s proceedings (orally or in writing) other than through the scheme for
public speaking, as this may give an appearance of bias or special access to
councillors.
7.2
All planning matters will be considered in public session, unless there are
specific reasons for dealing with an item as confidential under the provisions of
the Local Government Act, 1972, in which case the public will be asked to leave
the room.
7.3
Applicants, agents and members of the public who have made written
representations on an application will be allowed to speak at Planning
Committee meetings, but only in accordance with the agreed Council
procedures.
7.4
You should avoid overfamiliarity with applicants, objectors and other members of
the public when attending meetings, as this is open to misinterpretation.
8.
Officers
8.1
You should not put pressure on officers to make a particular recommendation.
8.2
All members should pay particular attention to the professional advice and
recommendations from officers. You are not bound to follow officers’ advice or
recommendations, but you should only depart from advice or recommendations
where you have good reason to do so, based on clear and legitimate planning
grounds.
8.3
Planning officers must act in accordance with the Council’s Code of Conduct for
Officers and their professional codes of conduct; primarily the Royal Town
Planning Institute’s Code of Professional Conduct. The views, opinions and
recommendations of planning officers may on occasion differ from the views,
opinions or decisions of the Committee or its Members.
9.
Decision Making
9.1
If you ask for a proposal to go before the Planning Committee or an Area
Committee, rather than be determined through officer delegation, make sure that
your reasons are recorded and repeated in the report to the Committee. Any
such request must state the planning grounds on which it is based. A guidance
note on member requests for referral of decisions to the appropriate committee is
attached to this code.
9.2
You should come to meetings with an open mind and should demonstrate
through your conduct at the meeting that you are giving careful, fair and
balanced consideration to the issues under discussion. It is particularly important
that applicants and members of the public have confidence in the way in which
decisions are reached. The conduct of members can be important in ensuring
that faith in the planning process is maintained.
9.3
You should keep in mind your obligation to make decisions in accordance with
the Development Plan unless material considerations indicate otherwise, as
required by section 54A of the Town and Country Planning Act 19901.
1 “Where, in making any determination under the planning Acts, regard is to be had to the development
plan, the determination shall be made in accordance with the plan unless material considerations indicate
otherwise.”
9.4
The Council’s own proposals for development must be dealt with on exactly the
same basis as applications submitted by members of the public. You should be
particularly careful to ensure that any decision on a Council application is based
purely on relevant planning considerations. Guidance about participation where
the Council is the applicant is contained in paragraph 4.6.
9.5
You should make a decision only after you have considered all the relevant
information needed to make a decision. If you feel you have had insufficient time
to digest new information or that you need further information, you should say so
and, if necessary, ask for a deferral or abstain.
9.6
You should not vote or take part in the meeting’s discussion on a proposal
unless you have been present to hear the entire debate, including the officers’
introduction to the matter.
9.7
If you are expressing a view contrary to officer recommendations or the
development plan, you should identify clearly the planning reasons leading you
to take a different view.
9.8
Where any members are proposing to vote against the officer recommendations,
the Chair shall make sure that their reasons are apparent before a vote is taken.
These reasons must be recorded in the minutes if the officer recommendations
are not agreed.
10.
Development Control Forums
10.1 The provisions of this Code apply equally to member participation in
Development Control Forums. In particular:
• You should declare any personal interest;
• You should not participate in a Development Control Forum if you have a
personal and prejudicial interest;
• Member decisions are not made at Development Control Forums and you should
be careful to avoid giving the impression that you are approaching the merits of
the application with a closed mind.
11.
Training
11.1 Planning decisions are often complex and differ in nature from some of the other
decisions taken by the Council. It is crucial that planning decisions are based on
legitimate planning grounds and that appropriate weight is given to possibly
competing factors. The Council offers training to councillors on planning law and
procedure and all members are strongly urged to participate.
APPENDIX TO PLANNING CODE OF GOOD PRACTICE
MEMBER GUIDANCE NOTE
REQUESTS TO REFER PLANNING APPLICATIONS TO COMMITTEE
1.
The scheme of delegation for planning and development control, in clause A1i),
allows any Member of the City Council and any County Member representing a
City Ward to request that an application be referred to the Committee for
determination, provided the request is made within the timescales set out, that it
is in writing, and that it states the planning grounds on which the request is
made. Late requests should be avoided.
2.
Members are advised to check the progress of the application with the case
officer before making a request and also to inspect the application file. This may
avoid the need for a referral.
3.
It is important that the planning grounds for referral are stated in the written
request. An information leaflet entitled ‘How to Comment’ explains what factors
can typically be considered in assessing planning applications, depending on the
circumstances of the case. This leaflet is sent out with neighbour notification
letters. Planning grounds can include: whether the development accords with
planning policy; whether the development is appropriate for the area; whether
the development would cause harm to neighbouring amenity; whether the
proposal would cause traffic congestion or be a danger to highway safety. Loss
of property value, loss of trade to businesses and moral objections are not
planning grounds. The case officer can give further advice if required.
4.
Members may feel that a particular planning application raises planning issues of
the kind described above that ought to be discussed and determined at
Committee, rather than being determined under delegated powers. However, in
deciding whether to make such a request, it is important that Members consider
their role and responsibility in the decision making process. Advice on this and
related matters is contained in the ‘Planning Code of Good Practice’, adopted by
Council in September 2004.
5.
It is important that Members approach planning applications with an open mind
and are able to weigh all the arguments right up to the point at which a decision
is made. If in making a request to refer an application to a Committee on which
you have a decision making role, you express a firm commitment to support or
oppose the application in advance of the meeting, you should not speak as a
Member of the Committee or vote. You will, however, be able to speak and vote
provided your written comments in support of your request are expressed in a
way that makes it clear that you intend to keep an open mind until considering
the officer report and all other evidence at Committee. You can obtain further
advice on this issue from the Council’s Head of Legal and Democratic Services.
6.
On receipt of a written request by a Member for an application to be determined
by Committee, the case officer will acknowledge the request in writing or by
telephone. The case officer will also check with the Member that it is necessary
for the application to be determined by Committee, rather than under delegated
powers.
7.
Members’ representations are summarised in the officer report and also attached
as an appendix to the Committee report.
8.
It is not appropriate for a Member to request that Committee determines an
application if they have a ‘prejudicial’ interest in it under the Council’s Code of
Conduct.
