The decision making process
7.1 In reaching a decision on a planning application, Elected Members need to:
- i) identify the development plan policies which are relevant to the particular development proposal;
- ii) identify any other material considerations;
- iii) if there are other material considerations, the development plan should be taken as a starting point and the other material considerations should be weighed in reaching a decision. Considerable weight should be attached to the relevant policies of an adopted development plan. Some weight can be attached to an emerging plan, dependent on the stage at which a draft plan has reached prior to its formal adoption.
At a fundamental level, Elected Members should go through the following three stage process when making a decision:
Stage 1
i) Identify the relevant development plan policies and other relevant material considerations (if any) in respect of the application which need to be taken into account in the decision making process.
ii) Identify irrelevant matters which should not be taken into account in the decision making process. These include the applicant’s personal qualities such as having a long term family connection with the area, his or her popularity in the community, the fact he/she is a local farmer, the fact that a son or daughter is just about to marry.
Stage 2
i) Attach sufficient weight to the development plan policies and other material consideration for and against refusal or approval.
ii) Elected Members must give clear and convincing reasons for any departure from adopted plan policies and other material considerations.
Stage 3
Weigh the material considerations in reaching a decision.
A failure to follow the proper decision making procedure can give rise to proceedings for a Judicial Review and/or a finding of maladministration by the Local Government Ombudsman.
- In the decision making process, Elected Members should not take into account irrelevant matters, allow them to outweigh important planning considerations and fail to take fully into account Government guidance on the weight to be attached to relevant considerations.
- Elected Members should determine applications in accordance with the advice given to them by their professional Officers unless they have good planning reasons, in the knowledge of all material considerations, to take a decision contrary to the officer’s recommendation.