Who and What in Planning

THE ROLE OF COUNCILLORS



Local authority Councillors have an important role in planning. It is therefore vital that those elected members who are involved in taking planning decisions understand the operation of the key elements of the new planning system and the ethical issues underlying the handling of planning matters. Scottish Ministers have produced a Code of Conduct for Councillors, approved by the Scottish Parliament, setting out the principles and rules governing the conduct of elected members. The Standards Commission for Scotland has produced Statutory Guidance for Councillors which clarifies their responsibilities in relation to planning.



In terms of ethical standards, there is nothing to stop any Councillor from discussing or debating planning policy and strategy, expressing views, or advocating proposals on policy and strategy. This applies to the development planning process, even though the development plan will provide the framework within which individual applications will be decided.



However, different considerations apply when dealing with individual planning applications. The Standards Commission's Statutory Guidance states:


"Where a Councillor has a responsibility - either at a committee or at the Council - for dealing with planning applications, then he or she must not have - or be seen to have - prejudged any application before the proper occasion for deciding on the application, that is when all the relevant material considerations will be before the meeting that will determine the application.


"A Councillor should not organise support or opposition, lobby other councillors or act as an advocate to promote a particular recommendation on a planning application, (or on a planning agreement or on taking enforcement action) where the Councillor has a responsibility for dealing with the planning application. If the councillor does so, then he or she should declare an interest and not take part in the debate and withdraw from the meeting room.



"This should not, however, be taken as precluding the councillor from raising issues or concerns on any of these matters with the planning officers concerned. Indeed, a Councillor may well have an important contribution to make in respect of an individual planning application or on what the Council should include in a planning agreement. It is entirely appropriate for councillors on the planning committee to make known what representations they have received on a pending planning application, to attend public meetings and to assist constituents in making their views known to the relevant planning officer, provided that at no time does the Councillor express a 'for' or 'against' view by advocating a position in advance of the planning committee meeting to decide upon a particular application."

Text taken from Planning Advice Note 81.