Introduction
1.1 This Planning Code of Practice complements and expands on the ‘Code of Conduct for Elected Members and Co-opted Members’ (‘Code of Conduct’) adopted by Hartlepool Borough Council in conformity with the Localism Act 2011. The Code of Conduct is essentially concerned with the responsibilities of Elected Members when acting in the role as an Elected Member of the Borough Council. The Planning Code is concerned with the integrity of the Planning System and its procedures. It is therefore based on guidance from The Committee on Standards in Public Life, the Local Government Association, the Royal Town Planning Institute, the Department for Housing, Communities and Local Government (DHCLG), the Council’s External Auditors and others. The Code sets out practices and procedures designed to avoid allegations of malpractice in the operation of the planning system. The aim is to protect the integrity of the planning system as open and fair to all parties.
1.2 The Code will be enforced through the Council's Audit and Governance Committee. The Code will be a consideration in any investigation of maladministration by the Local Government and Social Care Ombudsman. The Code refers mainly to the actions of a Planning Committee as the main decision making body, but it applies especially to other forms of decision making, e.g. Full Council where planning issues may be discussed. The Code applies to both Elected Members and Officers.
1.3 In terms of Article 6 of the Human Rights Act 1998, (right to a fair trial), the Code, together with the availability of an appeal procedure will meet the requirements of the Article. Ensuring that decisions are properly recorded and supported by adequate reasons. The fundamental basis of the Code is that the Planning System operates in the public interest and therefore decisions affecting private and public interests have to be made openly, impartially, with sound judgement and for justifiable reasons.
1.4 In addition, the role of Elected Members on a Planning Committee involves balancing/representing the needs and interests of individual constituents and the community with the need to maintain an ethic of impartial decision making on what can be highly controversial proposals which give rise to great tensions.