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If a planning matter and/or other matter relating to land is being discussed in a PC meeting, of which the land is owned by the Clerk, but they are represented by an agent, should the clerk sit out of the meeting/discussion point?.
by (120 points)

1 Answer

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If this were to happen, the Clerk would not have any voting rights and as long as they didn't make comments to the Council they would be able to remain in the room.  But a competent agent would not make representations to a Parish Council but would make them directly to the actual planning authority.
by (35.5k points)
It would be expected that the clerk would have a certain level of professionalism in their duties. As the clerk is there to advise on matters requested by the council and to facilitate the councils wishes then I don't see any problem with them attending and any actions by the clerk should be totally under the strict control of the chair.
It would be prudent for the meeting to agree the exact wording of the council's response to the local planning authority, for the avoidance of doubt. Often clerks are left to compose or embellish the response from their notes of the discussions that took place.
Agreed ,and of course the wording will have to be checked and agreed by council when the minutes are presented for adoption. Follow the rules, apply integrity and common sense and make professional decisions for the good of the community. It's all there in standing orders and codes of conduct.

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