What role do Parish Councils have to play in planning?

5/6/2017

Can't we just get them to object for us?

Parish Councils (and Town Councils for that matter) are typically made up of elected (or occasionally co-opted) lay people who represent a broad cross section of the local community and the interests of the whole 'parish' area. In planning terms it is regrettable to say...

...that despite the Localism Act most Local Planning Authorities treat Parish Councils as a single individual (just as you or any other individual person) when it comes to assessing public interest in planning applications - irrespective of how many people they actually represent.

This is not to say the Parish Council should be ignored (as an ally in the planning process) - after all they are beginning to garner more authority (in planning terms) as time progresses. Many planning departments are now beginning to recognise that these statutory organisations actually represent the broader interests of the wider community! It is helpful if you can encourage your local Parish Council to support your position by recommending refusal of the planning application (be warned that they may not agree with you!)

All said and done, PC's are a statutory consultee in every planning application - and they have good access to local Councillors at both district and county level.

While planning officers are slow to listen, we are finding that The Planning Inspectorate are taking local opinions into account more and more - Parish Councils continue to represent the pinnacle of local opinion - and hence the reason why their involvement is still important.

2 Comments

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Anthony Palmer

6/12/2018 11:00:43 am

Can a Parish Council lawfully allocate funding (in this case £1500) to a site owner to help fund his planning application?

Ian Firth link

6/12/2018 02:01:30 pm

Anthony, this question needs deeper analysis and far more detail to explore fully. Unless we are instructed to advise in a matter it is with regret that we can't enter into discussion (as we simply don’t have the time or resources to do so).

However, if (as in this case) an interesting question arises - we may decide to comment - so here goes:

The short answer, based on the basic information provided, is it is probably not lawful for the council to do this...

However there may be circumstances that it could be lawful...

Whatever the weather, the resolution to make the payment must have been entered on the council's agenda, debated, resolved and agreed in a full public council meeting.

The long (but not necessarily complete) answer is that the payment could be lawful, but would need to be demonstrably in the public interest - otherwise the Councillors - whom agreed the resolution to make the payment - may well have acted 'Ultra Vires' (without proper authority).

We would also need to be clear 'where' the money is from... Is it from the public purse (i.e. raised from the parish precept), or could it be that there is (for example) a 'local planning application support fund' that the parish council manage in trust and which specifically provides assistance for qualifying applicants.

If, for example, the monies were from the public coffers and the application you mention were, let's say, for a new private racing stables - presenting no tangible benefit to the community - then I think the Parish Council would be in seriously hot water...

However if say an application was subsidised by the Parish with the surety that the development is to include flexible rental units for local businesses - and that a portion of the rental income would be paid back to the parish annually in perpetuity, this could well be acceptable (and, in fact, quite forward thinking!)

If the Parish have allocated funds without proper process, or it's for something that is clearly not in the public interest (or worse; is of financial benefit to one or more parish councillors or family members) then there may be a case for them to answer.

It's probably best to contact your local (District / Borough) council 'Monitoring Officer' or 'Democratic Services team' if you have doubts or concerns...

As a former Parish Councillor myself - I would have been very very wary of making any such payment to a developer - unless the circumstances and details were 100% watertight and legal...

Not to mention the fact that a planning application by no means guarantees a positive result... so in other words the parish may have committed money to a risky venture... again this could be of questionable public interest.

At iObject, we do have a Local Government specialist on our books should you would wish to instruct us to delve deeper for you - however this would require an instruction and a good deal more information... Whatever the weather; it's certainly not a matter for public discussion beyond the pointers above!

I would also guide you towards: https://www.local.gov.uk/our-support/highlighting-political-leadership/councillors-guide which gives clear guidance to councillors about how they should behave in office and as such may shed some light on duties and responsibilities...

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