Agenda item

This report asks Members to consider a request for a dispensation under section 33 of the Localism Act 2011 to enable Councillor D King to participate in meetings of the Council (including Housing and Planning Scrutiny Select Committee and full Council) where the Local Plan is under consideration and in meetings of the Planning Committee where any applications for development in respect of the site identified as T01 (land north east of Tonbridge) in the draft Local Plan are considered.

Careful consideration was given to a request for a dispensation under section 33 of the Localism Act  2011 to enable Cllr D King to participate in meetings of the Borough Council, including the Housing and Planning Scrutiny Select Committee and full Council, where the Local Plan was under consideration and in meetings of the Planning Committee where any applications for development in respect of the site identified as T01 (land north east of Tonbridge) in the draft Local Plan were considered.  

The report advised that under section 33 of the Localism Act, the Council may, on receipt of a written request to the Monitoring Officer, grant a dispensation to councillors and co-opted members relieving them from restrictions on participating, or participating further, or voting or further voting in meetings where consideration was being given to an item of business in which they had a Disclosable Pecuniary Interest.

The grounds for Cllr Kings request for a dispensation were set out in Annex 1. After making a public statement to provide context for the request, Cllr King withdrew from the meeting and did not participate in any discussion. 

Members were advised that, whilst Cllr King did not appear to have a disclosable pecuniary interest in relation to the site allocation in question, public perception, given the proximity of his home to the site, meant that the safest course was to seek a dispensation.     The Monitoring Officer also advised that both independent persons, consulted on standards matters,  had supported the view that granting a dispensation would be appropriate.

Due regard was given to the distinction between disclosable pecuniary/other significant interests and predetermination and concern was expressed that similar issues might arise for other Members, especially for those on the Planning Committee.  All were reminded that dispensations could only be considered following a written application to the Monitoring Officer by an individual Member. 

Following this advice a potential motion to grant ‘all Members and Substitute Members of the Planning Committee a special dispensation to discuss and vote on planning applications which were very close to where they live’ was withdrawn.

The Monitoring Officer further advised that any dispensation granted to Cllr King would only relate to disclosable pecuniary interests and the  separate rules relating to predetermination would still apply. Any Members concerned about the proximity of their property to a development site should contact the Monitoring Officer for advice and, if appropriate, seek an individual dispensation.

In recognition that the granting of a dispensation would allow Cllr King to participate as a local ward member in meetings of the Council relating to a site in his ward that had been allocated for development in the draft Local Plan, Cllr Rhodes proposed, Cllr Dalton seconded and it was

RESOLVED:  That:

(1)            the dispensation be granted to enable Cllr King to participate in meetings of the Borough Council where the Local Plan was under consideration or where any applications for development in respect of the site identified as T01 (land north east of Tonbridge) were under consideration; and

(2)             the dispensation remain in effect until the next scheduled Borough Council elections.