Independent review urges council to have solicitor sit in on planning meetings

The PAS was called into the local authority after "some challenging committee meetings", according to the report.

The review looked at how the council's North and South Planning Committees operate, both in terms of how decisions are made and the experience for those watching or taking part.

"During the review, it became apparent that some of the concerns expressed about how the committees operated may have stemmed from limited familiarity with planning law and the planning system," the report said.

It added: "The absence of a solicitor at the committee meetings means that the planning officers have to address issues on planning law and procedures rather than concentrating on the planning considerations of each case.

"This can result in a single officer appearing to take a more prominent role in the proceedings, and also puts considerable pressure on the officers involved."

The PAS said that East Suffolk was “unusual, but not unique” in that no solicitor attends the planning committee meetings, “and it is understood that this is partly a matter of resources”.

The report added: “If a solicitor were present the planning officers could focus on giving their professional opinion on the planning merits of the case, and the solicitor could advise of matters of process, such as formulating conditions and reasons for refusal, the management of motions being put forwarded, seconded and voted on, along with advice on the impact of losing appeals.

“The presence of a solicitor would also support less experienced planning officers who might not be as confident at dealing with legal and procedural matters, and enable them to gain valuable experience at committee whilst ensuring that the process is sound.”

The report also noted disruption involving councillors and residents during a set of meetings.

"This behaviour was inappropriate and both meetings would have benefited from firmer chairing," it said.

Despite highlighting some issues, the report found "nothing to suggest" that "the decision-making process was anything other than sound".

It made nine recommendations, including the call for a planning solicitor to sit in on planning meetings.

Other recommendations called for the council to review the length of planning committee reports and presentations, encourage planning committee members to get involved in the application process earlier and seek advice from officers in advance of meetings.

It also recommended restricting committee questions to officers to one occasion, and to reduce committee questioning on public speaking, and not to allow leading questions.

Another recommendation called for the council to stop allowing public speakers to conduct visual presentations "to ensure that any new information can be given full consideration and is not introduced in the Planning Committee meeting itself".

The council should also limit the number of visitors attending planning committees to watch in person "in the interests of comfort and safety of everyone involved in the meeting", the report said.

Cllr Mark Packard, East Suffolk's cabinet member for Planning and Coastal Management, said: "I welcome the strengths and recommendations identified in the review and we will take this forward as part of our ongoing commitment to driving high standards of accessibility and good decision making.

"There will be people involved in the planning process who are not happy with decisions. However, PAS found that the actions of planning officers in the meetings were prudent, professional and entirely appropriate.

"Before an application is brought to a committee, there will have been detailed discussions on whether the committee should be advised to grant permission – advice based on training and professional experience, including where, in their professional opinion, it is likely that an appeal against a refusal of would likely be successful."

Adam Carey