LLG publishes revised Members Planning Code of Good Practice
Lawyers in Local Government (LLG) has published a revised Members Planning Code of Good Practice, with the latest version intended to clarify points concerning consistency and reasoning in decision-making and underscore the potential impact of social media interactions upon proceedings.
Launched in 2003, the Code was originally prepared in response to a series of successful court challenges concerning local planning authorities and members' conduct or conflicts of interest.
The drafting of the original Code was subject to consultation and comment from local authorities and supported by LLG, the Local Government Ombudsman, and firms of solicitors or counsel.
It has since been refreshed three times, the last being in 2014.
Philip McCourt of Bevan Brittan and Sharon Bridglalsingh, Director of Law and Governance at Milton Keynes City Council, worked together to revise the Code.
Philip McCourt said: “Having led the drafting of the original Model Members’ Planning Code and its later incarnation, I am delighted to have been able to do the same with this update. Originally produced by a team of a team of local authority colleagues, with commentary and sense checking provided by Bevan Brittan LLP and Richard Clayton KC as practitioners advising local authorities in governance and decision making; I am proud to be able to continue in the same vein now at Bevan Brittan myself.
"The Code came about as a response to the scandals of the nineties and the lengthy and discursive documents put out by others, but quickly proved itself as straightforward do’s and don’ts guide.
“It has since cemented itself within local authorities as a set of clear rules to enable members to see through the maze of decision making for planning committees, where decisions are often made under intense public scrutiny, where decisions affect neighbourhoods, and individual’s and companies’ significant financial investments and thus, where a legal challenge is around every corner."
Sharon Bridglalsingh added: “Good planning decisions lie at the heart of our places and communities and the Code has been a helpful go-to for councillors and officers over the years.
"It provides practical advice and accessible principles to navigate what can be very challenging decisions and to do so lawfully in the public interest while acknowledging the role of councillors in the community. This refresh ensures that the Code remains useful by staying relevant for example by including guidance around use of social media."
LLG President, Rachel McKoy, said: “LLG are committed to supporting its membership with practical, reliable guidance to enable them to ensure lawful decision making and strong governance within their authorities.
“Described by the Supreme Court as offering ‘sound practical advice’, the Code is an invaluable tool for planning lawyers and local authorities in the exercise of their planning functions. I would like to thank both Philip McCourt from Bevan Brittan and Sharon Bridglalsingh from Milton Keynes City Council for their collaboration in revising the Code.”
The Code can be read here.
Adam Carey
