Written Question · S3W-00536 · Session 3
Whether a local authority councillor, who declares a principled opposition to particular types of development which may become the subject …
The question
To ask the Scottish Executive whether a local authority councillor, who declares a principled opposition to particular types of development which may become the subject of planning applications, can thereafter take part in any consideration of any planning application concerning that type of development.
The answer
Councillors hold publicoffice under the law and must observe the rules of conduct stemming from the law,the Councillors’ Code of Conduct and any guidance from the Standards Commissionand the rules, standing orders and regulations of the relevant council.
Guidance from theStandards Commission for Scotland accompanying the Councillors’ Code of Conductsets out that where a councillor has a responsibility
- either at a committee orat the council
- for dealing with planning applications, then he or she must nothave
- or be seen to have
- prejudged any application before the proper occasionfor deciding on the application, that is when all the relevant material considerationswill be before the meeting that will determine the application. It is a matter forthe council to determine membership of its committees.
If it is perceivedthat a councillor has breached the Code of Conduct, the matter may be referred tothe Chief Investigating Officer for consideration.
Guidance from theStandards Commission for Scotland accompanying the Councillors’ Code of Conductsets out that where a councillor has a responsibility
- either at a committee orat the council
- for dealing with planning applications, then he or she must nothave
- or be seen to have
- prejudged any application before the proper occasionfor deciding on the application, that is when all the relevant material considerationswill be before the meeting that will determine the application. It is a matter forthe council to determine membership of its committees.
If it is perceivedthat a councillor has breached the Code of Conduct, the matter may be referred tothe Chief Investigating Officer for consideration.
In the Official Report
No contribution in the Official Report cites S3W-00536 by reference.