This Planning Code should be read with the Councillor Code of Conduct and the Planning in Probity Guidance issued by the Local Government Association in December 2019.
Role of councillors
Councillors have a special duty to their ward constituents, not just the people who voted for them. But their main duty is to the whole community.
When representing their constituents on planning issues they should take into account residents’ views, but must follow the statutory planning framework and base their decisions on material planning reasons and what they believe benefits the borough overall.
They don’t have to represent a resident’s planning application if, in their view, it doesn’t affect the neighbourhood, ward or borough.
Planning decisions cannot be influenced by party-political pressure or lobbying.
Role of officers
Officers must always act openly and impartially, and provide consistent, professional advice based on the statutory planning framework, planning policies and procedures, ensuring councillors are aware of all relevant material planning considerations before decisions are made.
Codes of conduct
Councillors and officers must follow the council’s Code of Conduct and other statutory provisions to protect the integrity of the council and its councillors. They must openly disclose any personal or financial interests when making decisions. They should avoid accepting gifts or hospitality that could influence their judgement and must record anything they do accept in the relevant register. Planning decisions can impact everyone’s daily lives, so it's important to make sure there are no grounds to suggest a decision has been biased or influenced.
Councillors receive training and guidance from the Monitoring Officer on how to declare interests. Councillors are responsible for complying with the Code of Conduct and making the appropriate declarations. If they’re unsure, they should ask the Monitoring Officer or legal officer before or during the meeting.
Officers who have a personal link to a planning application, such as interest in a nearby property or knowing the applicant, must tell the Head of Planning and Environmental Health, who will record the interest and make sure the application is handled fairly.
Lobbying of and by councillors
It’s normal for councillors to be lobbied about planning proposals. But decisions must be made openly and fairly, based on all the relevant information and only at planning committee meetings.
Councillors can talk openly about planning matters before a committee meeting takes place and express their views publicly. However they should:
- not say how they’ll vote until the meeting
- make it clear to anyone talking to them about a planning application that they can only make a decision at the committee after hearing all the relevant information and arguments
- declare at the committee meeting if they’ve had contact with applicants or objectors
- advise planning officers of any lobbying letters or messages so the issues can be considered
- follow the guidance in this code for site visits
- not organise support or opposition to a planning application, lobby other councillors or put pressure on officer for a particular recommendation
Councillors are encouraged to respond to, advise and support residents about planning matters.
Declarations of interest
If a councillor receives advice from the Monitoring Officer about declaring a financial interest, personal interest or conflict of interest, they can disclose that advice when the declaration of interest is disclosed.
Predetermination and predisposition
Predisposition
It’s legal for councillors to have opinions (predisposition) about planning decisions and to share those views publicly. But when making the final decision, they must still consider all the relevant information and keep an open mind.
The law (Section 25, Localism Act 2011) says a decision isn’t unlawful just because a councillor has indicated their view on a decision. However, if a councillor has done more than indicate a view on a decision, this may be unlawful bias or predetermination. In that case, advice should be sought from the Monitoring Officer.
Predetermination and bias
Predetermination (making a decision before considering or hearing all the relevant evidence) is unlawful and can make a planning decision unlawful.
Bias is also unlawful and can happen if a councillor has a personal connection or interest in the matter. The Code of Conduct helps prevent most obvious forms of bias by requiring councillors to declare interests and withdraw from meetings. If a councillor thinks their involvement might look biased for any other reason, they should get advice from the Monitoring Officer.
Meetings and pre-application discussions
Planning officers often meet with applicants before they submit a planning application to give pre-application advice. These discussions are confidential and don’t affect the final decision.
Applicants are encouraged to carry out pre-application consultation with neighbours early on, and for larger schemes, to hold formal public consultations. If councillors attend these meetings, they must follow the guidance in the Code, and all ward councillors should be invited.
Planning committee members must be careful not to meet with applicants, developers or objectors. They can attend public consultations but must stay neutral and not give opinions that could be seen as support. If a councillor wants to meet with planning officers and a few residents, it should be arranged at the council offices. If attending public meetings, councillors should listen but not express fixed views. Planning officers will only attend if approved by the Head of Planning and Environmental Health and both applicants and objectors are invited.
Presentations on major developments
For large or complex schemes, the council may arrange presentations from developers to help councillors understand the plans early on.
The council also organises its own presentations to keep councillors updated on important developments in the borough. Technical briefings may be arranged by the Development Management Manager, which developers might attend.
At all these sessions, councillors should follow the guidance in this Code, listen to presentations, raise concerns, ask questions and discuss the issues but not make up their minds before the debate at the planning committee meeting.
Site visits
Committees carry out formal site visits with planning officers if there's a clear benefit, such as when an application has borough-wide implications and can help councillors understand the site better.
The need for a visit is agreed between the committee chair and the Development Management Manager. Ward councillors who are not on the committee will be informed and invited.
Officers will arrange access with the site owner so councillors can view the site from all vantage points. A planning officer will guide the visit, pointing out relevant details and answering questions. The visit is only for gathering information and visually assessing the impact of the proposal.
No detailed discussions or negotiations with applicants or third parties should happen during the visit. Councillors can ask technical questions through the chair.
If members of the public are present at site visits, it’s not normally appropriate for them to address councillors during the visit. This will be reserved for public speaking committee meeting.
Councillors can visit sites informally before meetings but must not give the impression they have the authority to make decisions about the site alone. They can only view the site from public vantage points unless invited in by the site owner but it’s not good practice to enter the site alone, as it may be seen to affect their impartiality.
If a councillor visits a site alone and no one else is present, they don’t need to declare it. If others are present (such as the applicant or objector), councillors are advised to declare the visit at the committee meeting.
Planning officer reports to committee
Any planning application that needs a decision by a planning committee must have a written report by planning officers. This report should cover:
- an outline of the site history
- relevant development plan policies
- responses from consultees
- objections raised
- a clear recommendation and the technical appraisal justifying it
If any new objections or other relevant issues come up after the report is printed, they will be reported verbally at the committee meeting.
Procedure at committee meetings
Applicants and objectors can speak at meetings by following the council’s protocol for public speaking. Also see speaking at a planning committee.
If many people want to speak about a major application, the chair may allow more public speakers than usual to ensure fairness, within the time constraints of the meeting.
Councillors who aren’t on the committee can speak about applications in their ward if they let the Chair know in advance. They will speak after representatives of the applicant and objectors.
Ward councillors can speak on:
- applications that have attracted interest from a large number of ward residents
- applications that affect the ward’s character, facilities or environment
Ward councillors should not speak on:
- matters concerning a dispute between two ward residents
- matters raised by only one resident
Protocol for public speaking
- At the start of each item being considered, the chair will announce the application title and whether public speaking will take place. If public speaking is taking place, the planning officer will present the plans to the committee.
- No new documents should be circulated during the meeting. Messages must not be passed to committee members from other councillors or the public. This could be seen as trying to unfairly influence decisions.
- The registered objector can speak for up to 3 minutes, then return to the back of the council chamber. The registered supporter can also speak for up to 3 minutes, then return to the back of the council chamber.
- The chair may allow committee members to ask for clarifications on points raised by public speakers. This is to resolve factual issues and produce better outcomes in decision making.
- Ward councillors who aren’t on the committee can speak for up to 3 minutes about applications in their ward. The chair may also allow clarifying questions on their comments.
- The planning officer will comment on any factual points raised.
- Councillors will debate the application, ask questions to planning officers and reach a decision, by a formal vote or by consensus.
- The decision will be announced by the Chair and formally recorded in the minutes.
- If there’s any dispute about the process, the chair’s decision is final.
Call-in procedure
Councillors can call in planning applications, except those on the weekly list. The should consider the following:
- Councillors can only call in applications for their own ward. If a councillor considers there is public interest in an application in another ward, they should make early contact with the relevant ward councillors.
- The call-in must be based on a material planning concern. The Head of Planning and Environmental Health, in consultation with the committee chair, decides whether to accept the call-in. If refused, reasons must be given. Sensitive or controversial applications are generally expected to be accepted.
- Before calling in, the councillor must inspect the submitted plans and is advised to speak with the planning officer.
- The request must be made by email to the case officer and copied to the Head of Planning and Environmental Health, within 28 days of validation. The email must include a material planning reason for the call-in.
- The committee report will name the councillor who called in the application along with the reason they gave for the call-in.
- Councillors who call in an application are expected to attend the committee meeting and explain their concerns. If the councillor can’t attend, they should send a written statement to the Chair so their issues and concerns can be read out.
- If the councillor who called in the application is also a committee member, they can speak for 3 minutes after public speakers and then again during the committee’s debate.
Decision making
A planning application can’t be decided until the committee meeting, when all the information is available. Councillors must keep an open mind and consider all the evidence on a planning application.
Decisions must be in line with the development plan, unless there are material considerations to do otherwise. If the planning officer recommends going against the development plan, they must explain why in their report.
Decisions must be based on planning merits. The reasons for approval or refusal must be clear and supported by material planning considerations. Reasons for refusals and conditions attached to approvals must be recorded in the minutes.
Meetings are held in public, so councillors should observe the 7 principles of public life.
If a committee member needs extra information not included in the report, they should ask the case officer in writing at least 1 working day before the meeting.
The meeting is the time to fully explore councillors’ relevant issues and concerns before a decision is made. Councillors should prepare in advance.
If a councillor decides to vote against a recommendation, they should only do this if either they:
- explain their concerns during the meeting so other committee members can comment and officers can advise, or
- indicate they agree with another councillor who has already raised those concerns
If the committee wants to go against the planning officer’s advice, the officer should have the opportunity to explain the implications of that decision.
The reasons to refuse an application must be clear and based on planning policies. There must be a clear account of members’ reasons for not accepting the officer recommendation. Similarly, any additional planning conditions must be justified and expressed. The decision and reasons must be recorded in the minutes.
Any motion that goes against the planning officer’s advice should be given in writing with material planning reasons. Councillors should be ready to explain their material planning reasons for not agreeing and not rely on officers for this.
Applications involving councillors, staff or the council
If a planning application is made by a councillor, staff member, someone closely connected to them or the council itself, it must be decided by a planning committee, not by planning officers, unless either:
- it is a legal determination on whether permission is required
- it is a form of notification to the council including that ‘permitted development’ is proposed under ‘prior approval’ procedures
In those cases, the Head of Planning and Environmental Health will decide after discussing with the committee chair (or vice chair if the chair is unavailable).
Councillors and planning officers must tell the Monitoring Officer before submitting any planning application.
Planning committee members and officers should not act as agents for others regarding a planning matter with the council. If they do, the application must go to committee and not be decided under delegated powers.
If a councillor submits a planning application, they should where possible appoint an agent to act on their behalf. They must not take part in the decision and should leave the room when the application is discussed.
Involvement in appeals
If a councillor wants to play a part in any appeal, they should get advice from the Development Management Manager and inform the relevant ward councillors.
Training
Councillors must agree to complete induction training and becoming familiar with planning procedures and the Code of Conduct before being appointed to the Planning Committee or acting as a substitute.
The Development Management Manager, with support from the Monitoring Officer and in consultation with the Committee Chair, will arrange ongoing training opportunities and provide written guidance.
Induction training should be completed within 3 months of joining the committee.
Councillors must follow the competency requirements set out in responsibility for functions.
Even councillors not on a planning committee are expected to take part in planning induction so they can represent residents effectively and promote the interests of the borough.
Substitutions
Substitutions to planning committees are allowed in line with the Constitution.
More information
To learn more about codes and protocols read the full document: