GLA: planning code of conduct

Report: 5
Date: 31 August 2000
By: Commissioner

Summary

Members are asked to agree the MPA response to the GLA’s proposed Planning Code of Conduct. Responses are required by Monday 11 September 2000.

The Code covers 'Declarations of Interest'; 'Delegations'; 'Role of Officers'; '‘Process of the GLA for handling potentially strategic applications'; 'Reports to the Mayor on potentially strategic applications'; 'Decisions of the Mayor'; 'Publicity'; 'Contact with interested parties'; and 'Role of the Assembly and Planning Committee'.

The draft Code proposes that the view of the MPA, with others, is sought on the day of receipt of all potentially strategic applications.

It is proposed to inform the GLA that the MPA should be advised directly whenever an application affecting its estate is under consideration by the Mayor and that the MPA’s views are sought whenever the Mayor receives representations on any planning application submitted by the MPA; also, that the GLA be advised of a number of other detailed amendments sought to the Code.

A. Supporting information

Introduction

1. The Mayor will take over from the Local Planning Authorities (LPA) of the London Boroughs responsibility for determining planning applications which have 'potentially strategic planning' implications. The Mayor’s Spatial Development Strategy will provide guidance for regional development and Local Unitary Development Plans will need to take this into account.

2. Applicants will retain similar rights of appeal to the Secretary of State as currently exists for applications determined by a LPA.

3. The Secretary of State’s guidance to the GLA on ethical standards, issued under Section 66 of the GLA Act 1999, requires the GLA to formulate a Code of Conduct to ensure proper regard is given to planning considerations and the need to act fairly when exercising their planning function. The draft see Appendix 1, generally proposes appropriate standards but some points of detail arise.

These are:

1. Declarations of interest
   The draft wording, requires the Mayor to advise the Secretary of State of every planning application submitted by the MPA (or other functional body). This presumably, should be limited to those applications to be determined other than by the appropriate London Borough, otherwise the MPA will be required to inform the GLA for every planning application it makes.
2. Delegation of decision making
   No comments.
3. Role of officers
   No comments.
4. Processes of the Greater London Authority for handling potentially strategic applications
   (4.4) Reference is made to the views of the MPA (with other functional bodies) being sought on the day of receipt of potentially strategic applications. There is unlikely to be sufficient time for individual reports to be presented to an appropriate MPA Committee and members may wish to delegate responsibility for responding to the Clerk, in conjunction with the Chair of the MPA, the Commissioner and the Chair of the Finance, Planning and Best Value Committee, such responses being recorded at the next appropriate MPA Committee. The Commissioner will be responsible for obtaining the views of Borough Commanders and/or PSD as appropriate.
5. Reports to the Mayor on potential strategic applications
   No comment.
6. Decisions of the Mayor
   (6.1) Reference is made to the Mayor’s ‘Spatial Development Strategy’. It may be appropriate for the MPA to seek early consultation over its composition in order that the operational implications of major regional developments can be taken into consideration.
7. Publicity
   (7.5) Reference is made to information supplied to the Mayor ‘in confidence’ not being made available to others. Appropriate restrictions should be produced to limit the basis on which an ‘in confidence’ exemption can be claimed. There is reference throughout the Code to information being made publicly via the Authority’s web site. Many individuals will not have access to that web site, nor should it be a requirement for any interested party to check the Authority’s web site daily. Consequently direct notification should also be given to interested parties where appropriate.
8. Contacts with interested parties
   (8.1) There will be occasions when the Mayor will need to hear early representations on possible major strategic planning matters. However he/she should not commit themself to any position before formal consideration of any potentially strategic application or before receiving the advice of officers - whether publicly or otherwise. Consequently, ‘publicly’ should be omitted.
   (8.4 and 8.5) Although the Mayor will seek to allow opportunities for applicants, Local Authorities and objectors to make presentations to him, LPA’s have to do so in public, with the respective parties present and appropriate arrangements laid down to ensure equity between those parties. Similar arrangements would seem appropriate when an application is considered by the Mayor.
   (8.7) The MPA should be advised of any meetings between the Mayor and developers, Local Authority or interested parties that involve the MPA estate and a record of those meetings should be made available to the MPA.
9. Role of Assembly and Planning Committee
   (9.1) No comments.

B. Recommendations

1. That the GLA be advised that the MPA broadly support the proposed Code as drafted subject to the MPA being fully informed of all matters relating to their estate and the other matters of detail identified in the report.
2. That the Clerk, in consultation with the Chair of the MPA, the Commissioner and the Chair of the Finance, Planning and Best Value Committee be delegated the responsibility to respond to enquiries received from the GLA under this Code.

C. Financial implications

None

D. Review arrangements

Responsibility for responding to enquiries by the GLA under this Code be delegated to the Chair of the MPA in consultation with the Commissioner for the Metropolis, any such response to be notified to the next appropriate MPA Committee.

E. Background papers

The following is a statutory list of background papers (under the Local Government Act 1972 S.100 D) which disclose facts or matters on which the report is based and which have been relied on to a material extent in preparing this report. They are available on request to either the contact officer listed above or to the Clerk to the Police Authority at the address indicated on the agenda.

• Letter from GLA - 18 August 2000

F. Contact details

The author of this report is Trevor Lawrence, Director of Property Services (MPS).

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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