Adoption of the Model Planning Code - Standards and Constitutional Oversight Committee, 12 June, 2018 (Minute 4 refers), supported by Planning Committee, 21 June, 2018 (Minute 24 refers)

The Council is asked to adopt the Model Planning Code and agree inclusion of the Code in the Council Constitution.

The second matter requiring consideration was in relation to the adoption of the Model Planning Code and to agree its inclusion in the Council Constitution, as recommended by the Standards and Constitutional Oversight Committee of 12 June, 2018 (minute 4 refers), supported by the Planning Committee of 21 June, 2018 (minute 24 refers).

On a motion by Councillor Moira McLaughlin, seconded by Councillor Anita Leech, it was –

Resolved (59:0) (Two abstentions) – That the recommendations contained within minute 4 of the Standards and Constitutional Oversight Committee, be approved.

The Deputy Monitoring Officer introduced a report of the Director: Governance and Assurance (Monitoring Officer) recommending that Council adopts the Council Members’ Model Planning Code (the ‘Model Code’) that had been produced by Lawyers in Local Government (LLG).

The Deputy Monitoring Officer informed that the Model Code had been prepared in response to a series of successful challenges concerning local planning authorities and the Members’ conduct or conflicts of interests. The Model Code replaced a number of individual and sometimes haphazard approaches that existed within individual councils at the time.

The Deputy Monitoring Officer further informed that the Model Code took into account the Nolan Principles and commentary from the Committee on Standards in Public Life, the changes in the approach to codes of conduct and to predetermination introduced by the Localism Act 2011 and the guide on ‘Openness and transparency on personal interests’ published by the Department for Communities and Local Government in 2013. She added that the Model Code applied to Members at all times when involving themselves in the planning process i.e. Planning Committee Members and Deputies.

Members questioned the Deputy Monitoring Officer on a number of points that included the requirement for training on planning matters for Planning Committee Deputies, avoidance of accusations of pre-determination or declaring of a position when approached by constituents and the need to ensure Planning Committee Deputies were made aware of the issues.

Members were keen to ensure that the Planning Committee were fully engaged and consulted upon the Model Code to ensure their views were taken into account before the Model Code was recommended to Council. 

RESOLVED:

That, subject to the views of the Planning Committee, Committee recommends to Council that the Model Council Members’ Planning Code as appended to the report be adopted and included within the Council Constitution.