Slight planning issue...

[2CE]

I'm Chair of a PC in a national park.

There is nothing wrong with councillors having opinions, but the Chair should ensure that all sides are represented in a discussion. Conflicts of interest (where the councillor, or a family member, or maybe their employer, stands to gain from the proposal) must (by law) be declared and minuted, but they do not necessarily disqualify the individual from participating in a discussion. It's probably wise for a councillor with a conflict of interest to abstain in any vote, but it's not a legal requirement.

Most significantly though, any objection to an application must be based on 'material considerations' and if it's not then the planning officers must ignore it. 'Material considerations' are basically anything to do with local or national planning policies and rules. You can't just object because you don't like the proposal - any objection has to be based on the fact that one or more aspects of the proposal are contrary to something in the policies.

Very few parish councillors have a detailed knowledge of the policies so the PC's objections are usually ignored on the basis that they don't relate to matters which are valid reasons for objection.

 

[ARW]

What fecks me off is anything said is believed even though it’s false.
We bought a field then were accused of removing the hedge and installing a new gateway with a very tatty old gate, they then stated we should re pant the hedge and remove the gate.
All this was false, we cleared an existing gateway revealing the tatty gate that’s been there for 30 years then replaced with an attractive wooden one. The access is on the deeds.

 

[DrWazzock]

What fecks me off is anything said is believed even though it’s false.
We bought a field then were accused of removing the hedge and installing a new gateway with a very tatty old gate, they then stated we should re pant the hedge and remove the gate.
All this was false, we cleared an existing gateway revealing the tatty gate that’s been there for 30 years then replaced with an attractive wooden one. The access is on the deeds.

It never fails to amaze me the rumours and false information that circulate in villages. Apparently there is a ditch we haven’t cleaned out for 50 years. Err well that’s right because dad piped it in in 1970.

 

[teslacoils]

I very much enjoyed watching the local councillor and pc rep stand up in the planning meeting against me, after the planning chap had told them what material considerations were, and then make total tits of themselves by speaking about non-material considerations. They looked complete amateurs especially the local councillor who must have known she was on a hiding to nothing. The fact it was all videoed for the future just added to the comedy. I was advised under no circumstances to engage with them at any point.

 

[DrWazzock]

I very much enjoyed watching the local councillor and pc rep stand up in the planning meeting against me, after the planning chap had told them what material considerations were, and then make total tits of themselves by speaking about non-material considerations. They looked complete amateurs especially the local councillor who must have known she was on a hiding to nothing. The fact it was all videoed for the future just added to the comedy. I was advised under no circumstances to engage with them at any point.

Sound advice.

 

[lloyd]

I very much enjoyed watching the local councillor and pc rep stand up in the planning meeting against me, after the planning chap had told them what material considerations were, and then make total tits of themselves by speaking about non-material considerations. They looked complete amateurs especially the local councillor who must have known she was on a hiding to nothing. The fact it was all videoed for the future just added to the comedy. I was advised under no circumstances to engage with them at any point.

I hope you've got a copy.

 

[Clive]

The Parish Council and its members have far less clout than they would like. If your application meets the local plan and general planning policy it doesn’t matter what the nimby says.

this !


ignore them, planners do !

 

[teslacoils]

I hope you've got a copy.

Ooooooh yes.

 

[lloyd]

Ooooooh yes.

Well you did better than me I asked for a copy of
the CC planning committee meeting on a certain date
and it just happened to go missing.

 

[Still Farming]

Well you did better than me I asked for a copy of
the CC planning committee meeting on a certain date
and it just happened to go missing.

All online these days??

 

[lloyd]

All online these days??

Apologies I meant online ,it wasnt available.

 

[Jackov Altraids]

I'm Chair of a PC in a national park.

There is nothing wrong with councillors having opinions, but the Chair should ensure that all sides are represented in a discussion. Conflicts of interest (where the councillor, or a family member, or maybe their employer, stands to gain from the proposal) must (by law) be declared and minuted, but they do not necessarily disqualify the individual from participating in a discussion. It's probably wise for a councillor with a conflict of interest to abstain in any vote, but it's not a legal requirement.

Most significantly though, any objection to an application must be based on 'material considerations' and if it's not then the planning officers must ignore it. 'Material considerations' are basically anything to do with local or national planning policies and rules. You can't just object because you don't like the proposal - any objection has to be based on the fact that one or more aspects of the proposal are contrary to something in the policies.

Very few parish councillors have a detailed knowledge of the policies so the PC's objections are usually ignored on the basis that they don't relate to matters which are valid reasons for objection.

"Conflicts of interest (where the councillor, or a family member, or maybe their employer, stands to gain from the proposal) must (by law) be declared and minuted, but they do not necessarily disqualify the individual from participating in a discussion. It's probably wise for a councillor with a conflict of interest to abstain in any vote, but it's not a legal requirement."

Our code of practice/ standing orders is such that a Councillor with a pecuniary interest must leave the meeting when that application is discussed.

If you are in England, you are disqualified from any participation in an application with which you have such an interest. {That is my understanding of current legislation}

 

[2CE]

This is what the NALC model standing orders for Parish Councils says:

All councillors and non-councillors with voting rights shall observe the code of conduct adopted by the Council.

Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has a disclosable pecuniary interest. He may return to the meeting after it has considered the matter in which he had the interest.

Unless he has been granted a dispensation, a councillor or non-councillor with voting rights shall withdraw from a meeting when it is considering a matter in which he has another interest if so required by the Council’s code of conduct. He may return to the meeting after it has considered the matter in which he had the interest.

Dispensation requests shall be in writing and submitted to the Proper Officer as soon as possible before the meeting, or failing that, at the start of the meeting for which the dispensation is required.

A decision as to whether to grant a dispensation shall be made by a meeting of the Council, or committee or sub-committee for which the dispensation is required and that decision is final.

A dispensation request shall confirm:

- the description and the nature of the disclosable pecuniary interest or other interest to which the request for the dispensation relates;

- whether the dispensation is required to participate at a meeting in a discussion only or a discussion and a vote;

- the date of the meeting or the period (not exceeding four years) for which the dispensation is sought; and

- an explanation as to why the dispensation is sought.

Subject to standing orders 13(d) and (f), a dispensation request shall be considered at the beginning of the meeting of the Council, or committee or sub-committee for which the dispensation is required.

A dispensation may be granted in accordance with standing order 13(e) if having regard to all relevant circumstances any of the following apply:

- without the dispensation the number of persons prohibited from participating in the particular business would be so great a proportion of the meeting transacting the business as to impede the transaction of the business;

- granting the dispensation is in the interests of persons living in the Council’s area; or

- it is otherwise appropriate to grant a dispensation.

The bits in bold are statutory requirements,

 

[Jackov Altraids]

This is what the NALC model standing orders for Parish Councils says:



The bits in bold are statutory requirements,

I believe your " do not necessarily disqualify the individual from participating in a discussion "

and my "a Councillor with a pecuniary interest must leave the meeting when that application is discussed." are correct.

I would be interested to know how often dispensation requests are made.

 

[lloyd]

There are alot of councillors with Nonpecuniary interests
to some of their parish they preside over ie cousin Jack's daughter
and my mate from the local tennis club are objectors .
I have property under 4 parish councils and have served on one myself ,
some are better and have more integrity than others.

 

[Bongodog]

I know exactly what I'm talking about from first hand experience so perhaps your knowledge is very limited or you happen to have a parish council with integrity.
Edit
Around here there are several committees that influence planning or have the ability
to raise objections so perhaps you need to widen your horizon .

There are a number of bodies who are consulted in rgerad to a planning application, these always include the local highway authority, and depending on the location/type of application may include the EA, the local conservation officer, the local council wildlife officer, tree officer, IDB and a few others. Most of these are full time professionals, the others are committees, but to be on them you need to be a District or County Cllr, not a parish one. i thoink rather than me widening my horizons you need to stop blaming parish councils for things they have zero influence over.

 

[lloyd]

There are a number of bodies who are consulted in rgerad to a planning application, these always include the local highway authority, and depending on the location/type of application may include the EA, the local conservation officer, the local council wildlife officer, tree officer, IDB and a few others. Most of these are full time professionals, the others are committees, but to be on them you need to be a District or County Cllr, not a parish one. i thoink rather than me widening my horizons you need to stop blaming parish councils for things they have zero influence over.

I am well aware of the bodies involved in planning thankyou,but I'm talking about an enviromental board that has significant influence with national planning.They have an advisory committee where councillors from each parish under this designation can be co opted onto.Some parishes chose not to put anyone forward whereas this particular parish put 3 PC members forward along with another at county level who lived there too.
You come across naive to think that some have zero influence .

 

[D14]

I won’t go into to much detail as it’s not really required tbh but I wonder if anyone can help me with this one.

I am currently being targeted by a witch hunt to stop a planning application. My question is this,

Can a local Parish Counsel member comment on a planning application as a ‘member of the public’? I have it in my head from long ago that they can’t and they must remain impartial and voice their opinions totally unbiased and from the parish’s opinion... Am I totally wrong with this one or not? Needless to say we’ve had every member of the council comment on my application as a member if the public and then again as the Parish Council

Thoughts and opinions welcome on this one please

As a PC myself you need to declare an interest if the planning directly affects you. As in a neighbour for example. Many people think declaring an interest is just if your involved with the planning itself. This isn’t true.
Also we have very little planning power in reality. We exist for things like the parish plan etc.

 

[SRRC]

All parish councillors are arseholes , with a fudgein enormous chip . tossers

Steady on!
I'm a parish councillor and I'm pretty sure I'm not as you describe!

Seriously, rather than winge from the sidelines, put yourself forward to the pc and then you can help defend farming interests.
Parish Councils are "statutory consultees" in the planning process. Usually if the pc objects then all it means is that the application goes before the local authority's elected members rather than decided by the officers. Any objection is worthless unless it has legal merit, just saying "I don't like it" carries no weight.

 

[Still Farming]

Steady on!
I'm a parish councillor and I'm pretty sure I'm not as you describe!

Seriously, rather than winge from the sidelines, put yourself forward to the pc and then you can help defend farming interests.
Parish Councils are "statutory consultees" in the planning process. Usually if the pc objects then all it means is that the application goes before the local authority's elected members rather than decided by the officers. Any objection is worthless unless it has legal merit, just saying "I don't like it" carries no weight.

Not certain that is correct .
If Community Council object not heard that said objection then goes to Committee if was officer delegated or changes because of their objection?