Present at the meeting
Elected Members
- Councillor Mrs S Dewhurst
- Councillor J Ellis
- Councillor B J Fagan
- Councillor T W Halliwell
- Councillor F B Walker
Independent Members
- Mr P G Pennington (Chairman)
- Mr R Kidd
- Mr D Lea
- Mrs P Wheal
Parish Council Members
- Councillor M J Crosby (Shevington)
- Councillor A Thomson (Haigh)
Officers in attendance
- Mike Williamson – Committee Services Officer
Officers presenting reports
- Kevin Lawson – Service Director, Borough Solicitor
23 Apologies for absence: Councillors Mrs J Prescott, P Thompson and R Winkworth.
24 Minutes: The minutes of the meeting of this Committee held on 4 August 2009 were approved as a correct record.
25 Exclusion of the public - Section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following item for the reason set out below:-
| Agenda Item no. |
Title of report |
Minute no. |
Description of exempt information by reference to the paragraph number in Schedule 12A of the Local Government Act 1972 |
| E1 |
Findings of Standards for England following reference of complaints by the Assessment Sub Committee |
30 |
1 (Information about any named person). The public interest in making the exception is that the Standards Board itself does not publish the decision as they have not been the subject of a full investigation |
26 Adjudication Panel for England/ethical standards officers’ decisions: There were none.
27 Minutes of the Assessment Sub Committee: The Committee considered the minutes of the meeting of the Assessment Sub Committee held on 11 September 2009.
The Committee was advised that the Assessment Sub Committee had considered four cases. Of the four cases considered:-
- three had been considered by the Assessment Sub Committee, who, having taken account of the available information, did not believe that a potential breach of the Code of Conduct had occurred; and
- one had been considered by the Assessment Sub Committee, who, having taken account of the available information, believed that a potential breach of the Code of Conduct had occurred and referred the complaint to the Monitoring Officer to undertake a local investigation.
Members were recommended to reserve comment should they be required to consider any cases as part of an investigation or a Review Sub Committee.
Resolved: The Committee notes the report.
28 Parish issues: There were none.
29 Issues raised by Members: There were none.
30 Findings of the Standards for England following reference of complaints by the Assessment Sub-Committee: The Committee considered a report of the Service Director – Borough Solicitor, which informed Members of the findings of the Standards for England following referral of two complaints by the Assessment Sub Committee.
The two cases related to allegations that Members of the Planning Committee had followed political instructions from their group leader in relation to a planning application relating to the demolition and redevelopment of a former school at the Planning Committee meeting held on 15 July 2008 contrary to the provisions of the Council’s Members, Code of Good Practice.
In relation to all the complaints the conclusion of the investigation was that there was no evidence of any breach of the Members’ Code of Conduct. The investigation concluded that the members of the Planning Committee who were subject to the allegation had based their decision to vote in favour of the application on sound and material planning considerations following their inspection of the interior of the two school premises concerned.
Other than a letter which had been sent to the press by another Member of the Council, there was found to be no evidence that the Members had been instructed to vote in a particular way. Had there been evidence of such an instruction then there could have been a finding of a breach of the Members’ Code of Conduct. As there was no evidence of such an instruction there was no finding that the Leader of the Council had sought to use his position to influence the outcome of a planning application.
Resolved: The Committee:-
- notes the findings of the Standards for England in both cases; and
- instructs the Service Director – Borough Solicitor, in consultation with the Service Director – Development, to undertake a review of the training provision afforded to members who sit on the Council’s Planning Committee.
