D14 - Planning Committee

1. Membership

1.1 Nine members of the Council.

2. Delegated Authorities

Appendix 1

1. Introduction

1.1 The Council’s Planning Committee operates in a quasi-judicial manner. Planning permissions carry legal weight and there is recourse through the courts and the Planning Inspectorate if a decision on a regulatory planning matter is not correctly made, with possible financial and reputational consequences for the Council. This places an important responsibility on those who serve on the Planning Committee.

1.2 This Protocol has been established to provide guidance for Members in dealing with planning matters to avoid grounds for allegations that a decision is unlawful. It applies at all times when Members are involved in the planning process, and it is therefore incumbent upon Members to abide by the content.

1.3 If a Member has any doubts about the application of this Planning Protocol to their own circumstances, they should seek early advice from Democratic Services or the Monitoring Officer, preferably well before any meeting takes place.

2. Member Conduct

General Role

2.1 The role of Members of the Planning Authority is to make planning decisions openly, impartially, with sound judgement and for reasons that are justified with reference to national and local plan policy. This decision making involves balancing policy considerations against material planning considerations which can include the needs and interests of the area. There is a need to maintain the ethic of impartial and apolitical decision-making on what can be highly controversial proposals. Members must avoid any appearance of bias or predetermination, declare relevant interests promptly, and act in a manner that maintains public confidence in the planning system.

2.2 Members of the Planning Committee are expected to uphold the highest standards of integrity, transparency, and accountability in all decision-making processes. In carrying out their duties, Members must adhere to the Nolan Principles of Public Life—selflessness, integrity, objectivity, accountability, openness, honesty, and leadership—and ensure that their conduct reflects these values. The provisions of the Chapter F2 (Members’ Code of Conduct) of the Council’s constitution apply to Members making planning decisions, as to all conduct of Members when they act in their capacity as Members.

2.3 Members should be aware that officers eligible for membership with the Royal Town Planning Institute (RTPI) must comply with the Code of Professional Conduct, which promotes fairness, impartiality, and respect for professional advice.

2.4 The National Planning Policy Framework 2024 (NPPF) (as amended) states that the purpose of the ‘planning system is to contribute to the achievement of sustainable development. At a very high level, the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs.’

2.5 The basis of the planning system is the consideration of development proposals against national and local policy and interests. Decisions should clearly be based upon the development plan and material planning considerations. Whilst Members can take public representations into account, they should not favour any person, company, group, or locality, nor put themselves in a position where they appear to do so. For example, Members should not accept any offers of gifts or hospitality from individuals with an interest in a planning decision. Further guidance is contained in Appendix E of Chapter F2 (Members’ Code of Conduct) of the Council’s constitution.

2.6 Members whose business or other interests bring them into frequent contact with the planning system should consider whether it is appropriate or practical to accept appointment to the Planning Committee and other Members should not seek to appoint such a Member to the Planning Committee.

2.7 If Members have questions about a development proposal, they are encouraged to contact the planning case officer in advance of the application being considered by the Committee. The officer will then provide advice and answer any questions about the report and the proposal, resulting in more efficient use of the Planning Committee’s time. Representations made by Members will be held on the planning file and available for public inspection. Members must not put pressure on officers to put forward a particular recommendation.

2.8 Planning applications will be determined in a transparent, fair, and open manner and Members should have regard only to the proposal that is before them, the development plan and material planning considerations. Any other factors not relevant to the decision in hand should be disregarded. Members should retain an open mind about planning matters until they are in possession of all the relevant information presented at the Planning Committee.

2.9 Members participating at Planning Committee meetings must be present for the whole presentation by officers and subsequent debate on a particular matter. This is to ensure that they are able to hear all the relevant evidence and debate in relation to a proposal. In the event that a Member misses part of an item being discussed then they must not vote.

2.10 Members should pay full regard to officers’ professional recommendations, relevant national and local planning policy, including supplementary planning documents, neighbourhood plans and government policy statements and guidance, and relevant Development Plan Policies.

Political Influence

2.11 The role of Members of the Planning Committee is to consider whether the proposed development complies with policy and is in the interests of the whole Council area. When voting on applications, Members should therefore bear in mind that the proper performance of their role may call on them to vote for a proposal which has met with opposition against the views expressed by their electorate.

2.12 Given that the point at which a decision on a planning application is made cannot occur before the Planning Committee meeting, when all available information is to hand and has been duly considered, any political group meeting prior to the committee meeting should not be used to decide how Members should vote and political whips must not be used. The use of political whips to seek to influence the outcome of a planning application is likely to be regarded as improper which risks making the decision unlawful and susceptible to judicial review which has resource, costs, time and reputational consequences for the Council.

2.13 Members of the Planning Committee should not organise support for or against a planning application and avoid lobbying other Members at the risk of predetermining themselves. Such actions can easily be misunderstood by parties to the application and by the general public as an indication that a member has made up their mind or has a closed mind when a decision is taken. Where a member of the Planning Committee wishes to act as a facilitator to a local group regarding a particular application, they should recuse themselves from the discussion on that particular application when it is being considered and must not vote on the decision.

Training

2.14 Planning Committee Members and substitutes must not attend any meeting of the Planning Committee until they have undergone mandatory training in planning procedures.

2.15 Members should endeavour to attend any other specialised training or informal briefing sessions provided or approved by the Council, to improve and keep up-to date knowledge of planning law, regulations, procedures, Codes of Practice, and the Development Plans beyond the minimum.

2.16 It is best practice for Members to review a sample of implemented planning permissions to assess the quality of the decisions made by the Council. This should improve the quality and consistency of decision making, strengthen public confidence in the planning system, and can help with reviews of planning policy.

3. Disclosure of Pecuniary and Personal Interests

3.1 Decision makers must make known any pecuniary interests – that is any business or wider financial interests – and other personal interests the Code of Conduct requires them to disclose, as outlined in Appendix B of Chapter F2 (Members’ Code of Conduct). A Member with a disclosable pecuniary interest relating to an item under discussion must withdraw from the committee and not participate in discussions and debate, nor vote.

3.2 The Localism Act 2011 also includes the need to register and disclose personal interests with other Members, officers, and the public. If a Member has a non pecuniary personal interest, including being a member of an outside body, they should disclose that interest, but then may still speak and vote on that particular item. However, the Local Government Ethical Standards Report (2019) highlights the need to withdraw from committee in relation to non-pecuniary interests should a reasonable observer perceive a bias or conflict of interest. Further guidance on interests is contained in Appendix B of Chapter F2 (Members’ Code of Conduct).

3.3 It is always best to identify a potential interest in a planning decision early on and raise this with the Monitoring Officer as soon as possible for advice. However, the responsibility for fulfilling the requirements ultimately rests with each Member.

3.4 Local Members who are also members of the Planning Committee may participate in the Committee debate on an application in their division, and subject to any disclosable pecuniary interest, will normally be allowed to vote on the application. Alternatively, the member could register to speak as the Local Member and recuse themself from sitting on that particular committee meeting.

3.5 A Member with a disclosable pecuniary interest in respect of a particular planning matter must declare it and take no part in the discussion or the determination of the proposal. The Member may in their personal capacity and if registered to speak, make representations in line with the procedure set out in the Public Speaking at Planning Committee Meetings section of this protocol prior to any debate on the matter, but thereafter should not have any further involvement in the discussion or decision. The responsibility for this rests with each Member and they may wish to consult with the Monitoring Officer or legal advisor to the committee at the earliest opportunity if in any doubt.

3.6 A Member who has a disclosable interest in a planning matter is still able to represent the interests of their division at Committee meetings in respect of that matter, subject to Chapter B1 (Participation in Meetings) of the Council’s constitution. However, Members must not seek to represent the interests of their division where the application relates to their own property, business, or that of a close family member. In such cases, participation would create a conflict of interest and undermine public confidence in the decision-making process. Members are expected to declare any relevant interests and act in accordance with Chapter F2 (Members’ Code of Conduct) to ensure fairness and integrity in planning decisions.

4. Predetermination, Bias and Predisposition

4.1 Predisposition is where a Member may have a pre-existing opinion or attitude about the matter under discussion but remains open to listening to all the arguments about the application before them and changing their mind. Predetermination goes beyond predisposition and essentially evades the process of weighing and balancing relevant factors and taking into account other viewpoints. To be biased means to have a fixed position that results in a "closed mind," meaning the individual is unable to apply their judgment fully and properly to an issue, regardless of new information presented.

4.2 Members must not prejudice their ability to participate in planning decisions at Planning Committee meetings by making up their mind or clearly appearing to have made up their mind (particularly in relation to an external interest or lobby group), on how they will vote on any planning matter prior to the Committee meeting and the debate. Members of the Planning Committee need to take account of the general public’s expectation that a planning application will be processed and determined in a transparently open and fair manner, in which members will take account of all the evidence presented before arriving at a decision, not take into account irrelevant evidence or representations and that to commit themselves one way or the other before hearing all the arguments and evidence makes them vulnerable to an accusation of partiality.

4.3 A Member in this position will always be judged against an objective test of whether the reasonable onlooker with knowledge of the relevant facts would consider that the Member was biased or predisposed to a particular outcome. It is not the Member’s view of whether they are biased or predisposed that is relevant but the view of the reasonable onlooker. Perceptions of bias or predetermination is therefore as damaging as actual bias or predetermination. If a Member believes that their participation would lead a fair-minded observer to consider that there is a real possibility of bias, they should not participate in making the decision and should withdraw from the room (or virtual meeting where appropriate). The Courts have held that it is primarily a matter for the Member to judge whether to withdraw, but given the scope for challenge the Member should always err on the side of caution.

4.4 Section 25 of the Localism Act 2011 provides that a Member should not be regarded as having a closed mind simply because they previously did or said something that, directly or indirectly, indicated what view they might take in relation to any particular matter. A Member may voice their concerns publicly before a meeting, but they should make it clear that they will not form a final opinion until they have considered all the information. Where the Member is clear they have an open mind and are willing to listen to all the material considerations presented at the Planning Committee before deciding on how to exercise their vote, there is no predetermination.

4.5 If a Member is predetermined by making up their mind prior to the meeting or having made public comments which indicate that they might have done and is not able to reconsider their previously held view, they should withdraw from being a member of the decision-making body for that matter as they will not be able to participate on the matter.

4.6 If a Planning Committee Member has been lobbied by friends or others and wishes to promote or oppose a planning application, they will need to carefully consider whether this has become a personal interest or not.

4.7 In addition to being a breach of the Members’ Code of Conduct, predetermining a matter in this way and then taking part in the decision will put the Council at risk of a finding of maladministration, legal proceedings and may leave the decision vulnerable to challenge by Judicial Review on the grounds of there being a danger of bias or a failure to take into account all of the factors enabling the proposal to be considered on its merits.

4.8 For advice on predetermination and predisposition, Members should consult the Monitoring Officer.

5. Pre-Application Discussions and Early Engagement

5.1 This guidance is intended to reinforce Members’ community engagement role whilst maintaining good standards of probity to minimise the risk of legal challenges. It is also important to encourage good decision-making that is transparent and upholds public confidence in the planning system and democratic legitimacy for decisions.

5.2 Pre-application discussions between a potential applicant and the council can benefit both parties and are encouraged. However, it would be easy for such discussions to become, or be seen by objectors to become, part of a lobbying process on the part of the applicant. The Localism Act 2011 acknowledges that Members have an important role to play in pre-application discussions, bringing their local knowledge and expertise along with an understanding of community views. Nevertheless, to avoid the perception that Members might have fettered their discretion, such discussions should take place within the guidelines set out below.

5.3 Discussions before a decision is taken should ensure clarity at the outset that the discussions will not bind the Council to making a particular decision and that any views expressed are provisional, consistent advice about the development plan and material planning considerations is given by officers, Members should not become drawn into any negotiations (which should be done by officers), and care will be taken to ensure that advice is impartial.

5.4 In the event that Members wish to hear from the applicant prior to the submission of an application, officers should arrange any meetings, attend these with Members and make a written record of the meeting recording issues raised and advice given. Information shared in such meetings should be available in the public domain. Members may also seek further information through officer briefings. See Chapter F3 (Member / Officer Protocol) of the Council’s constitution.

5.5 For some major proposals, public planning forums can be convened to explore the pre-application proposals with the developer outlining their ideas and inviting speakers to represent differing interests and consultees. As well as being transparent, these forums allow Members and consultees to seek information and identify important issues for the proposal to address before it reaches the final design stage. Member involvement can help identify issues early on, help Members lead on community issues, and help to make sure that issues do not come to light for the first time at committee. Planning Committee meetings should have a ‘no shocks’ approach.

5.6 Planning Performance Agreements (PPA) are a project management tool which the Local Planning Authority (often in the role as a Host or Neighbouring Authority) and applicants or developers can use to provide a project management framework for handling a major planning application from the pre-application stage through to its determination by agreeing timescales, actions and resources for handling particular applications. A PPA allows applicants to meet with the planning service and other interested parties before submitting a planning application. This enables the applicant to discuss and agree how the project will go through the planning process with the aim that the proposal is of the highest quality possible.

5.7 A PPA should achieve more than merely setting a timetable for a decision. Some key potential benefits include: establishing a better understanding of a project's needs, including management of resources, and the scope of agreed working; setting a realistic timetable relevant for the size and complexity of the application and defining key milestones; minimising the risks and costs of appeal; enabling identification of problems and a method of reviewing these; and providing a formal mechanism for parties, including key stakeholders, to collaborate.

5.8 Whether developers, applicants or objectors, Members should refer those who approach them for planning, procedural or technical advice to officers.

6. Lobbying of Councillors

6.1 Lobbying is a normal part of the planning process. Those who may be affected by a planning decision, whether through an application, a site allocation in a development plan or an emerging policy, will often seek to influence it through an approach to their local member or to a member of the Planning Committee. Lobbying, however, can lead to the impartiality and integrity of a Member being called into question. The information provided by lobbyists may represent a selective and incomplete picture of the relevant considerations in respect of a planning matter and so care and common sense must be exercised by all parties involved.

6.2 Members are not precluded from listening to viewpoints of residents or interested parties, making comments about viewpoints, seeking information through appropriate channels, or being a vehicle for the expression of opinion, provided they make clear they are keeping an open mind and have not committed themselves to vote in accordance with those views. Members must also observe the requirements of the Members’ Code of Conduct, the rules regarding predetermination and predisposition and take appropriate action in relation to Disclosable Pecuniary Interests.

6.3 When being lobbied, Members (of the Planning Committee in particular) should try to take care expressing an opinion that may be taken as indicating that they have already made up their mind on the issue, and they should make it clear to any lobbyists that they will only be in a position to reach a final decision after they have considered all the application, materials considerations and arguments for and against the development proposal.

6.4 Members should restrict themselves to asking questions for clarification and giving procedural advice, including suggesting to those who are lobbying, that they should speak or write to the relevant officer in order that their opinions can be included in the officer's report prepared for determination under delegated powers or by the Committee. Members should also pass on any lobbying correspondence received to the relevant officer as soon as practicably possible so that it can be taken into account.

6.5 As a Member of the Planning Committee, their overriding duty is to the whole community not just to the people in their division and, taking account of the need to make decisions impartially, they should not improperly favour, or appear to improperly favour, any person, company, group, or locality.

6.6 If any Member, whether or not a committee member, speaks on behalf of a lobby group at a Planning Committee meeting in accordance with the procedure set out in the Public Speaking at Planning Committee Meetings section of this protocol, they should consider withdrawing from the meeting once they have spoken, to counter any suggestion that members of the committee may have been influenced by their continuing presence.

6.7 Members should not put pressure on officers for a particular recommendation or decision, and should not do anything which compromises, or is likely to compromise, the officers’ impartiality or professional integrity.

6.8 Neither members of the Planning Committee or officers should accept gifts or hospitality from any person involved in or affected by a planning proposal, as set out in Appendix E of Chapter F2 (Members’ Code of Conduct) of the Council’s constitution.

6.9 In the interest of openness, it is recommended that Planning Committee Members declare any lobbying to which they have been subject.

6.10 If a Member feels that they have been exposed to undue or excessive lobbying or requires advice about being lobbied, they should consult the Monitoring Officer as soon as possible and preferably well before any meeting takes place at which they think the issue might arise.

7. Officer Delegation and Local Member Consultation

7.1 Decisions relating to the Council’s planning functions are delegated to officers in accordance with Chapter G2 (Scheme of Delegations to Officers) of the Council’s constitution and the Place and Sustainability directorate’s Scheme of Authorisation to Officers.

7.2 In all cases, the exercise of this delegation is subject to the agreement of the Chair of the Planning Committee (or in their absence the Vice-Chair).

7.3 The Chair of the Planning Committee (or in their absence the Vice-Chair) may at their discretion refer an application to be considered by the Planning Committee in response to the written request of any member of the Council, or by the local member(s). Requests must be made:

(i) Within 21 days of circulation of the details of the application; or

(ii) Within 7 days of being notified that it is intended that the decision will be determined under delegated powers.

7.4 Members should explain their reasons for making a request, referring solely to matters of material planning concern.

7.5 Where an officer plans to take a decision under delegated authority and a local member does not agree with the proposed officer decision, the officer taking the decision will discuss with the Chair to see if an agreement can be reached. If agreement cannot be reached, the decision can be taken to the next Planning Committee meeting for consideration, as set out in Chapter G2 (Scheme of Delegations to Officers).

7.6 Members must always be mindful of their responsibilities and duties under the code of conduct applying to matters of lobbying and other issues of probity explored elsewhere in this guidance.

8. Site Visits

8.1 Site visits are for observing the site and gaining a better understanding of the issues. Visits should only be arranged by officers and made in accordance with the Council’s site visit protocol. They should not be used as a lobbying opportunity by objectors or supporters. This should be made clear to any members of the public who are there.

8.2 Members are discouraged from visiting sites alone, as doing so is not good practice and can lead to the perception that the Member is no longer impartial. A Member is entitled to view the site from public vantage points only because they have no individual rights to enter private property.

8.3 The primary aim of a site visit is to enable Members to judge for themselves the likely impacts of the proposed development and appreciate the issues involved. All Members of the Planning Committee are highly encouraged to make best efforts to attend the site visits.

8.4 Site visits should only be conducted where it is felt the complexities of the site require clarification prior to committee Members considering the officer’s report.

8.5 Where visits are arranged, they must be undertaken in a consistent manner. The Council has a separate Protocol for Site Visits published on the Council’s website that provides the detailed procedure that should be followed by Members and officers.

9. Role of Officers and Officer Reports

9.1 The role of officers at Planning Committee meetings is to advise the Members on planning matters, and to assist in the smooth running of the meeting with support from the Council’s legal services.

9.2 It should be recognised that officers are part of a management structure. Where Members wish to discuss proposals that are not on the Committee agenda, outside of any arranged meeting, they should first do so with the relevant Head of Service or those officers who are authorised by the Head of Service to deal with the proposal at a Member level.

9.3 Members should also recognise and respect that officers involved in the processing and determination of planning matters must act in accordance with Chapter G3 (Officers’ Code of Conduct) of the Council’s constitution and their professional codes of conduct. As a result, planning officers’ views, opinions and recommendations will be presented on the basis of their overriding obligation of professional independence, which may on occasion be at odds with the views, opinions or decisions of the Planning Committee or its Members.

9.4 Officer reports are a critical part of the decision-making process. Conclusions can be finely balanced, having exercised planning judgement as to the merits of a scheme, where external consultants are sometimes engaged to comment on their specialist area of expertise, and advise the officer accordingly.

9.5 Reports should be accurate and cover, among other things, the relevant planning matters including a clear exposition of the site or related history, the relevant Development Plan Policies, and all other relevant material planning considerations.

9.6 Advice will be obtained as appropriate from the Council’s legal officer prior to publication to ensure that any areas of legal challenge are addressed ahead of the committee meeting.

9.7 Reports should list the topics that will be addressed by conditions and if possible, also include draft Heads of Terms (where applicable) to a legal agreement, if the recommendation is to grant planning permission.

9.8 Reports should include a clear written recommendation of action, and a technical appraisal which clearly justifies the recommendation made by the officer.

9.9 If the recommendation in the report is contrary to the provisions of the development plan, the material considerations which justify this must be clearly stated. Where an application is recommended for refusal, the reasons and policy justification will be set out in full in the officer’s report.

10. Determination of applications

10.1 The NPPF requires that decisions should be taken in accordance with the development plan, unless material considerations indicate otherwise (Section 38A of the Planning and Compensation Act 2004 and Section 70 of the Town and Country Planning Act 1990).

10.2 In considering the merits of planning applications, Members should have regard only to relevant planning matters and should disregard all other factors and considerations. Members should pay full regard to the professional officer recommendation, planning legislation, relevant national and local planning policy and guidance, and relevant material planning considerations.

10.3 Members can always ask for clarification from officers. However, if there are issues which require factual clarification, preferably these should be directed to the case officer before the committee meeting, which gives officers the opportunity to bring additional information and clarification to the meeting. Members will then debate the application. After Members have debated the application, a vote will be taken.

10.4 Planning committees can make decisions which are different from the officer recommendation, changing the proposed outcome from an approval to a refusal, or vice versa. This will usually reflect a difference in the assessment of how a policy has been complied with, or different weight ascribed to material considerations.

10.5 If Members are minded not to accept an officer recommendation, their reasons should be robust, clear, convincing and articulated within the Committee meeting. Members’ reasons for refusal must be justified against the relevant national planning policy and context to which it applies, the development plan and/or the NPPF and other material considerations. Members must provide reasons for the decision that are relevant to the planning considerations which are capable of being supported and substantiated should an appeal be lodged.

10.6 If Members give reasons to refuse an officer recommendation, the officer should be given an opportunity to explain the implications of the contrary decision, including an assessment of a likely appeal outcome based on policies set out in the development plan and the NPPF, and potential costs. Members should be aware that they may be asked to present evidence and explain their reasoning in the event of an appeal.

10.7 Following committee discussion, Officers will prepare a draft of the reasons for refusal put forward by Members. This is to ensure that, in the event that the Planning Committee makes a decision contrary to the officers’ recommendation, a detailed minute of the Committee’s reasons is made.

10.8 Members may be minded to defer determination of an item where they consider there is insufficient information on matters specific to the planning application and within the control of the applicant to ensure it can be delivered within an appropriate timescale. A formal vote is required to defer an item. The decision to defer, together with the reasons for the deferral must be clearly recorded in the committee minutes.

10.9 The personal circumstances of an applicant, previous and current non-compliances at the site, and any other non-material considerations which might cause local controversy will rarely satisfy the relevant tests for Members to refuse officer recommendation. If Members have no justified reasons or policy references that they can raise in the meeting itself, then there is no lawful basis for departing from the officer recommendation.

[Chapter D14 (Planning Committee) was last amended on 19 May 2026]

A PDF version of this chapter is available to view or download on the CMIS section of the Council’s website, along with a PDF version of the full constitution.