The Constitution Committee convened to discuss and approve a new Planning Code of Conduct for members, replacing the existing Planning Code of Practice, and to note the committee's Terms of Reference. The committee also approved the minutes from the previous meeting held on 8 April 2025.

Planning Code of Conduct

The committee approved a recommendation to Corporate Committee that the new Planning Code of Conduct for members should replace the existing Planning Code of Practice. The aim of the code is to ensure that planning decisions are made impartially, openly, and with sound judgement.

The new code expands on the previous code of practice to cover the conduct of all councillors on planning matters, not just those on the Planning Sub Committee. It supplements the council's existing Code of Conduct for Members and Voting Co-Optees.

Key objectives of the code are:

• To provide clarity and advice to support elected councillors
• To ensure that councillors act reasonably and openly and that planning decisions are made impartially, with sound judgement and for justifiable reasons.
• To protect the council and individual members from allegations of unfairness, findings of maladministration and any legal challenge.

The code includes guidance on:

• Training: Sets out the requirement for all Planning Sub Committee members to attend compulsory training prior to their first Sub Committee meeting and annually thereafter.
• Councillor and Officer Roles: Explains the roles of councillors and officers.
• Ward Councillor Roles: Clarifies that being a councillor for the ward in which a particular application site is situated is not declarable for Planning Sub Committee members, and councillors may deliberate on matters affecting their wards provided they do so with an open mind.
• Interests: Refers back to the current Member Code of Conduct and provides specific guidance if any councillor has a disclosable pecuniary interest¹ in any planning application or is a member of an external body which has made an application for permission.
• Gifts & Hospitality: Refers councillors to the current Member Code of Conduct.
• Predisposition, Predetermination, & Bias: Provides a greater level of guidance on predetermination and bias.
• Pre-application Sub Committee Meetings: Clarifies that members may ask questions about details of the development in order to improve their understanding of a proposed scheme and its potential impacts, but should not express a firm view on the development as a whole at this stage, as this could amount to pre-determination.
• Council Applications: Clarifies that applications submitted by or on behalf of the council should be treated with the same transparency and impartiality as applications by private developers.
• Councillor and Officer Applications: Sets out the processes should councillors or officers submit a planning application in a personal capacity.
• Pre-Application Discussions: Provides guidance on how councillors can engage with planning applicants.
• Post-Submission Discussions: Provides guidance to all councillors and the Mayor on how they should respond if approached by a developer on a live planning application.
• Lobbying: Updated section on lobbying, recognising that lobbying is a normal and perfectly proper part of the political process.
• Officer Reports: Sets out guidance to committee members on what the report sets out, emphasising the need for members to read the committee report in advance of the meeting.
• Site Visits: Provides details of the purpose and arrangements for Planning Sub Committee member site visits and clarifying that site visits should not be used as a lobbying opportunity by objectors or supporters.
• Officer Presentations to Sub-Committee: Explains the purpose of the officer presentation.
• Public Speaking: Provides greater detail on the process for interested parties to register to speak, the allocated speaking time, the key issues of planning for speakers to focus on in their representation, and the role of the Planning Sub Committee Chair if a speaker departs from speaking about material planning issues.
• Decision Making - Permitted Considerations: Guidance is expanded to reference other material planning considerations that can be considered alongside the local plan.
• Voting on Recommendations: Sets out the process for voting.
• Deferral of Planning Applications: Sets out the process for deferring an application.
• The Political Whip: Sets out that councillors involved in planning determinations must not vote on party political lines.
• Planning Appeals: Explains the process if councillors wish to take part in planning appeals.
• Planning Enforcement: Explains how councillors can support residents in reporting planning enforcement issues, as well as clarity that where enforcement action is being formally progressed, councillors must not seek to exert influence on officers.
• Review of Previous Decisions: Notes that arrangements will be made for Planning Sub Committee members to visit a sample of implemented planning permissions throughout the borough every year.
• Review of the Planning Code of Conduct: Commits the council to review the code on an annual basis.

The report also notes that the Planning and Infrastructure Bill 2025, currently making its way through parliament, delegates power to the Secretary of State to make regulations that require mandatory, standardised training for members of planning committee.

Constitution Committee Terms of Reference

The committee noted the Terms of Reference. The Constitution Committee is responsible for reviewing areas in the Constitution to ensure that they are fit for purpose and proposing appropriate changes. The committee can receive requests to review certain areas of the Constitution from councillors, officers, and committees. The committee can also consider changes proposed by councillors, officers, and committees. Finally, the committee can recommend proposed changes to Council for approval.

Approval of Previous Minutes

The committee approved the minutes of the previous meeting held on 8 April 2025 as an accurate record of proceedings.