PROBITY IN PLANNING

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PROBITY IN PLANNING

• Nicky Folan

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Code of Conduct

• applies
• when conduct the business of the authority
  including the business of the office to which
  elected or appointed
• when act, claim to act or give the impression of
  acting as a representative of the authority
• Exception private life unless criminal offence

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Personal Interests

• An issue is being discussed in the meeting that
• - affects the well being or finances of you,
  your family or close associates more than most
  other people who live in the area affected by the
  issue
• Or
• - relates to an item that must be registered on
  the members interest form

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Close Associates who are they?

• Standards Board guidance
• Someone who you are in regular or irregular
  contact with over a period of time who is more
  than an acquaintance
• It may be a friend, a colleague, a business
  associate or someone you know through general
  social contacts

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Prejudicial interest

• Affects you, your family or close associates
• Affects finances or regulatory functions such as
  Licensing or Planning
• And which a reasonable member of the public with
  knowledge of the facts would believe is likely to
  harm or impair your ability to judge the public
  interest

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Effects

• Personal
• Declare in meeting where issue is being discussed
  but if the interest is because of your membership
  of another public body only if you intend to
  speak

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Effects

• Personal and Prejudicial
• Declare in meeting where issue is being
  discussed but do not debate or vote on a
  regulatory or financial matter but you can speak
  as a member of the public
• Note there are exceptions to interests and when
  they are to be declared so please do take advice

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Bullying

• Standards Board definition
• Offensive, intimidating, malicious, insulting or
  humiliating behaviour. Such behaviour may happen
  once or be part of a pattern of behaviour
  directed at a weaker person or person over whom
  you have some actual or perceived influence

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Pre-determination

• Potentially invalidates LPAs decision
• Those taking the decision should come to the
  meeting with an open mind
• Be careful when talking to Planning or Planning
  Sub-Committee Members

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Pre-determination - case

• Court of Appeal 1st July 2008
• Appeal against quashing of a planning permission
  on basis that members of the Committee made the
  decision with closed minds to the planning merits
  or a real possibility of pre-determination
• Appeal allowed no pre-determination or
  pre-disposition

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Getting it wrong!

• 12th June 2008
• Councillor Dunn, Wycombe DC
• Used position to improperly influence the outcome
  of planning applications, sought to compromise an
  Officers impartiality and brought his office
  into disrepute
• Disqualified for 1 year
• Breaches occurred after suspension for similar
  conduct in Dec 2006

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Anything to worry about?
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