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0 votes
We had a pc planning meet and the district councillor is on the ward planning he has a other registerable interest to do with planning this means he must not take part in any discussion or vote and must leave the room last night he would not leave the room this means he is breaking is code of conduct do we just let him stay in the room  or report him to the Monitoring officer
by (2.2k points)

4 Answers

+1 vote
It is not entirely clear from your message whether your district councillor is also a parish councillor but in any event, the decision whether to declare an interest or not rests entirely with the councillor.  If he/she chooses not to declare an interest and you feel they should have, you should report the councillor to the Monitoring Officer for breach of the Code of Conduct.
by (22.1k points)
0 votes
What interest does he have ? Did he vote or speak ? Has he spoken out publicly for or against the application?
by (12.6k points)
The district councillor who is also on our pc is on planning for the ward this is registered has an other registerable interest so he discloses it has a predetermination
0 votes
Andrew - Does your question relate to one specific agenda item, or the whole meeting?
by (2.5k points)
The meeting for for planning and finance the district councillor has a registerable interest for the planning due to him being on the development management committee in the code of conduct in states they must leave the room just trying to find out if other parish councils have this problem
IMHO I do not see this as a blanked ban on the individual being in the planning meeting, as whether they have an interest depends on what is being discussed, whether it will ever get to the development management committee and by considering the various tests in the COC. Planning meetings can cover a number of local issues which are nothing to do with the development management committee and many applications which will not reach it either.

I think that this comes under Appendix B - Registering Interests, section 8.2
Where a matter arises at a meeting which affects - a financial interest or wellbeing of a body included under Other Registerable Interests as set out in Table 2 - which is - - c) any body
a. exercising functions of a public nature...... of which you are a member or in a position of general control or management.

If so the individual needs to consider
9. Where a matter (referred to in paragraph 8 above) affects the financial interest or well-being
9.1. to a greater extent than it affects the financial interests of the majority of inhabitants of
the ward affected by the decision and;
9.2. a reasonable member of the public knowing all the facts would believe that it would
affect your view of the wider public interest
You may speak on the matter only if members of the public are also allowed to speak at the
meeting. Otherwise you must not take part in any discussion or vote on the matter and must not
remain in the room unless you have been granted a dispensation.
The individual has to consider if the interest he has affects the financial interest or wellbeing of that body.

So - as noted, its up to the individual to work though this and then leave the room or not depending on their analysis, which is up to them and does not have to be explained to anyone.

If there is a contentious application which may reach that D&M committee the individual may leave the room to ensure they are not tainted by any discussion prior to it turning up later.    But it is still up them.
We have elections next month which I am not standing in put I was just interested so think you for replying
0 votes
You need to be 100% certain of exactly what his interest is and in what capacity before you report him otherwise it could backfire on you and ruin relations into the bargain. Discuss this with the Clerk first before going further.
by (590 points)

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