Monitoring officer rejects allegations made against planning committee chair but proposes reforms to relations between councillors and officers

Blackburn with Darwen Borough Council’s monitoring officer has proposed reforms to relations between councillors and planning officers after accusations were made against planning committee chair Dave Smith.

Monitoring officer Asad Laher said in a report to councillors that none of the allegations were substantiated and no breach of the code had been found but he had  “identified a number of learning points”.

The complaints concerned two planning applications relating to the same property in Cllr Smith’s ward, where he had engaged with both the applicant and objectors.

It was alleged that he contacted the planning officer while the first application was still being considered under the scheme of delegation and that he did not declare an interest when a decision was made on whether the application should be referred to the planning committee.

A further complaint concerned alleged comments on the matter by Cllr Smith in public and in a local newspaper.

Laher said in his recommendations: “The process for consideration by the chair of planning applications received (which would usually be determined under officer delegations) for referral to the planning & highways committee [should] be reviewed.

“There needs to be clear records kept of meetings/consultations, including any declaration of interests by the chair/vice-chair.”

It was expected that councillors would be interested in planning applications in their ward, and would contact the planning department for information, but “they should ensure this cannot be perceived as an attempt to seek to influence or question the planning officer's judgement on the particular applications.

“To ensure that this does not happen the planning department should also keep a record of enquires made by councillors on specific applications and the responses provided by officers.”

Laher also proposed advice and training should be provided to planning committee members on their role in protecting the integrity of the process “by always demonstrating impartiality and avoiding or limiting their involvement with applicants/objectors, to reduce risks of any allegations of bias (or the perception of bias)”.

The monitoring officer also recommended that the adoption of a Planning Protocol for Members be considered.

Mark Smulian