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Can I speak about a planning application to build houses in the field across the lane from my house?

0 votes
by (240 points)

3 Answers

0 votes
Yes but you would be better doing it at the Principal Authority planning meeting as a resident. Your Parish Council can make their unified view known as a single response, but can't approve or reject the application.
by (31.8k points)
0 votes
Presumably, a question from a councillor with a domestic residence in close proximity to a proposed development site where the residence is listed on the declaration of interests form lodged with the MO?

So, the code of conduct + the Localism Act + Relevant Authorities Disclosable Pecuniary Interest Regs 2012 would require a domestic residence to be a declared DPI.
But the question would be - does the potential development represent an ‘interest?’

Only the individual can make the decision as to whether they should declare an interest or not but the personal judgement would be guided by the question - does the event under discussion have a markedly greater or lesser impact upon the Cllr when compared to any other member of the wider community. If it does, it’s likely that an interest should be declared.
“Apparently” the existence of a common boundary (and by extraction - proximity alone) would not, of itself, give rise to the existence of a interest but that it would require a tangible example of advantage or disadvantage to be shown for the interest to exist and therefore require the declaration.
It’s a tricky one since it can give rise to public criticism.
by (3.0k points)
A councillor making a personal comment on a development could be deemed as coming to the meeting with a pre-determined view. A dispensation should be requested and granted if you wish to take part in the discussion and/or vote.

Judging by the code of conduct reports publicly available, the type of interest declared is measured very differently across the country, it is sometimes safer to excuse yourself completely from any discussion.
It’s possible.
But it’s just as possible that they could be (entirely appropriately) predisposed rather than (inappropriately) predetermined.
A Cllr has all of the rights of a private individual so is absolutely at liberty to make a personal planning comment - based upon their personal disposition.
So long as they attend the council meeting with an open mind and are able to listen objectively to any arguments put forward before casting a vote - then no predetermination exists.
People seem to get all wrapped up about this but it’s simple enough really.
0 votes
It depends on several factors. If you are a councillor and planning observations are made by a PC committee then you may either speak at the committee meeting whilst they deliberate their response from the PC or if as some councils do the findings of a committee are placed before the whole council for ratification and you as a councillor are entitled to speak( interests notwithstanding) on the matter before a vote of adoption is taken.

If you are a member of the public then you can express your views at the open public session at the meeting. In either case remember only matters of planning law and requirements are valid in either yours or the PC's submissions. There is nothing stopping you as a councillor making your views known directly to the planning department ( normally online) as a private citizen but of course it would be a good idea to do so after the councils observations have been made thereby negating any accusations of not having an open mind on the matter in council discussions.
by (17.5k points)
I’m assuming you oppose it
Ask your Monitoring Officer what you can / can’t do as they would review any complaint made against you
Personally I’d step back as a Councillor and send any comments about it to the Planning Dept and the Ward Borough Councillor as they have the power to call it in

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