pas councillor training - probity
TRANSCRIPT
Probity and planning
presenter
Date www.pas.gov.uk
Clarity on your role
How to take part
How to get the most for your community and the council
Aim of today’s session
What we’ll cover
The whole planning service
How to get involved and avoid the pitfalls
Positive engagement
• Role of planning - positive and proactive
• Councillor role is evolving
• Understand own / others role
• Planning decisions involve balancing:
– • needs / interests of the community, with
– • maintaining an ethic of impartiality
• Lots of guidance exists
Background
Localism Bill
• Scheduled for enactment in spring 2012• abolish the Standards Board regime • introduce a new criminal offence of failing to
disclose or register members’ interests. • abolish the concept of predetermination so
that councillors would be able to express an opinion on a proposal at an early stage, but still be involved in taking a decision upon it.
• provided they retain an open mind
Extract from the Bill
• (2) A decision-maker is not to be taken to have had, or to have appeared to have had, a closed mind when making the decision just because—
• (a) the decision-maker had previously done anything that directly or indirectly indicated what view the decision-maker took, or would or might take, in relation to a matter, and
• (b) the matter was relevant to the decision.
Extract from the scheduleCouncillors should be free to campaign, to express views on issues and to vote on those matters, without fear of being unjustly accused of having a closed mind….because of it.
We will be legislating….to make it clear that the normal activities of a councillor; campaigning, talking with constituents, expressing views on local matters and seeking to gain support for those views should not lead to an unjust accusation of having a closed mind on an issue that can lead to a legal challenge. …..
The Bill will give councillors the assurance that they can campaign, discuss and vote on issues with confidence
Legislative context
• Local Government Act 2000
• Local Authorities (Model Code of Conduct) (England) Order 2007
• Local codes for planning
• The Nolan Report (‘Standards in public life’)
• Killian & Pretty – role of councillors
And now the Localism Bill
Cabinet
Cabinet & Committee
Committee
LocalDevelopmentFramework
Master planningPre-Application
PlanningApplications
ward & parish councillor
ward & parish councillor
ward & parish councillor
Local accountability
Role and conduct
• Councillors and officers – complimentary role
• Codes of conduct
• There is much at stake
• Gifts and hospitality
• Training
Councillor conduct and role
1) As a Ward Councillor… …you can support or oppose an application and represent the views of your constituents
2) As a Planning Committee Member… …doing so will compromise your (impartial) role on the committee.
‘Avoid favouring a person, company, group or locality or putting yourself in a position where you appear to do so’
Personal interest - declare
example: decision by planning committee potentially affects you/your family/friends/organisation well being/financial position
• If in doubt - declare
Prejudicial interests - withdraw
examplein addition to a personal interest, your interest could
‘reasonably’ be regarded as prejudicing your ability to make a judgement in the ‘public interest’.
eg If a Councillor was involved in making a decision relating to local club, or society of which they were a member - the perception would be that they would always favour the club,whatever the general public interest “
Other Interests
• Development of council-owned land– Not automatically prejudicial interest– Consider cabinet/executive responsibility
• Proposals submitted by Councillors– No part in the determination– Should not improperly influence the decision, but
can address committee
Predisposition / Predetermination?
• What is predisposition?
• What is predetermination or bias?
Dealing with lobbying
• do not ‘nail your colours to the mast’ too early – that is premature determination
• give no indication of your own viewpoint,other than you will take all valid considerations into account
• Record your involvement• Note that it is easy sometimes to be swayed
by your heart rather than your head
Pre-application discussions
• Benefit both parties
• Councillor role as champion
• Positive engagement – a guide for planning councillors - have you read it?
• Discussions within clear guidelines – do you use your protocol?
Officer reports to committee
• Accuracy and substance
• Relevant information
• Written recommendation
• Technical appraisals
• Material reasons for departure from the development plan
Public speaking
• Up to the council
• Public confidence
• Clear protocols
• No ‘new’ documents
• Conduct
Decision contrary to officer recommendation
• decisions taken in accordance with the plan unless material considerations indicate otherwise
• Material considerations and justification for departure from plan/recommendation
• Association of Council Secretaries and Solicitors’ Model Planning Code
Site visits
• Take a consistent approach• Be clear about when a visit is justified• Getting the most out of site visits
- ascertaining facts- establishing relationship of site with surrounding features/characteristics- who can speak
Meetings
• maintain an impartial role
• listen to different viewpoints
• how to follow up
• making a declaration of interest
Regular review of decisions
• Impact of decisions
• Quality and consistency of decisions
• Undertaken annually, broad range of applications
Questions?
Useful References
• See notes