§ Mr. Ben ChapmanTo ask the Secretary of State for the Environment, Transport and the Regions (1) what measures he(a) proposes and (b) has in place to prevent planning officers from misleading elected representatives;. [152469]
(2) what regulations are in place to require planning officers to present planning committees with objectors' and developers' views in the same manner. [152470]
§ Ms Beverley HughesSection 54A of the Town and Country Planning Act 1990 requires that all planning applications must be determined in accordance with the 363W development plan for the area unless material considerations indicate otherwise. Reports to planning committees should provide all relevant information to enable the committee to reach a decision. Failure on the part of a planning committee to take account of all relevant considerations may constitute maladministration and the decision of the committee may be subject to challenge by judicial review.
The Local Government Association's 'Probity in Planning' contains good practice guidelines for officer reports to planning committees. It advises that reports should be accurate and cover, among other things, the substance of objections and the views of those consulted. Relevant points will include: a clear exposition of the development plan, site or related history, and any other material considerations; a written recommendation of action; and a technical appraisal which clearly justifies the recommendation. If the report's recommendation is contrary to policies in the development plan, the material considerations which justify this must be clearly stated.