Planning committee legal advice

[Mirackleeus]

A councillor on the committee was disqualified from being a councillor due to being declared bankrupt a few months prior to the committee meeting (condition of his bankruptcy). He resigned a day after the meeting.

Another councillor's ward's Christmas lights were sponsored by the planning applicant the year prior to the committee meeting and that same year. No conflict of interest declared.

Legally speaking, on what grounds are decisions taken under those circumstances able to be quashed? These are the proposer and seconder to grant an application.

Legally speaking, on what grounds are decisions taken under those circumstances able to be quashed?
none sadly

May I ask why please? I suppose my gripe would be what's the point in having rules and regulations if ignoring them has no penaties?

You should take specific legal advice if you have a real concern. Neither are especially likely, but actual bias or (more likely) perception of bias can found the quashing of a planning consent, and a decision can be ultra vires - you would need advice. A planning specialist would also be able to advise if there were other errors or potential errors which you have not identified. Financial connections are capable of giving rise to a perception of bias (or indeed actual bias). This may not be likely to be a significant enough one to give rise to such a perception. There are various examples online although mostly dated so may no longer represent the law eg localgovernmentlawyer.co.uk/governance/396-governance-news/27304-high-court-judge-quashes-planning-permission-over-appearance-of-bias. This is a legal practice note www.lexisnexis.co.uk/legal/guidance/bias-and-pre-determination-in-planning-cases.

Lawyers in this area:
www.legal500.com/c/london/real-estate/planning/
www.richardbuxton.co.uk/about-us/credentials
www.leighday.co.uk/Human-rights-abuse-claims-judicial-review/Environmental-planning-law/Planing-advice - offer a fixed fee service for initial advice
www.hglaw.co.uk/site/services/individuals/planning-law-solicitors/
A dated guide - friendsoftheearth.uk/legal-and-planning/guide-community-rights-environment-and-planning-law

Thank you for taking the time to respond with those links. The campaign against the application has already been very costly and so wanted to check out the argument before spending even more money. Appreciate your time.

To rather expand on my incredibly brief answer

since Eric Pickles abolished the Standards Board there are no real sanctions against elected representatives at all levels (from Parishes to the Lords) misbehaving.

if an elected member of a body persists in breaking the code of conduct or pushing through ultra vires actions
there is nothing that can actually be done to punish them

Lindsay Hoyle (the new Speaker) is looking at bringing in a new sanctions regime for the Commons.
It has to be hoped that it spreads to cover ALL public elected bodies
because the level of arrogant impunity across the sector is not good for the whole country

@ListeningQuietly thank you. That makes me furious but not surprised. We need sanctions or public figures will act in their own interests, as has been shown in these cases. Sponsoring the Christmas lights is a few thousand compared to the 100s of millions the developer will make from the development. Furious that the people who elected them have no power to hold them to account.

For clarity, when the standards board regime was abolished it was, at least in part, replaced by the criminal law. Failing to register an interest or deliberately seeking to mislead the public about an interest is now a criminal offence punishable by a fine and up to 5 years disqualification. Previously the councillor would simply have had to apologise.

Regarding the bankrupt councillor, the relevant legislation (Local Government Act 1972) is clear that anything they do whilst disqualified is as valid and effective as if they had not been disqualified. So I'm afraid that doesn't give you any grounds for challenging the decision.

It isn't clear whether the other councillor you mention has failed to declare an interest. The description you give is not sufficiently detailed to say whether sponsoring the Christmas lights is a disclosable interest. If it is the councillor has committed a criminal offence. However, that does not necessarily give you grounds for having the decision overturned.

Failing to register an interest or deliberately seeking to mislead the public about an interest is now a criminal offence punishable by a fine and up to 5 years disqualification.
How many have been convicted ?

As the MO system is utterly worthless

How many have been convicted

I don't know of any statistics on this but there has been at least one conviction. Of course, the number of convictions on its own doesn't tell us anything if we don't know how many councillors are committing the offence. I know that the police have investigated other cases and some investigations are ongoing.

As the MO system is utterly worthless

So you think we should revert to a system which cost councils huge amounts investigating frivolous or malicious complaints and where the worst sanction faced by a councillor was that they would have to apologise?

However, this is getting away from the OP's question.

prh
The Standards board needed reform
as did the Audit Commission
abolishing them solved neither issue
and left us in a situation where councillors act with absolute impunity and ignore the Nolan Principles left right and centre

which is the exact point of the Opening Post.

If the substandard conduct does not meet the criminal criteria
they basically get away with it
which cannot be right

The councillor did not declare an interest at all (I was at the meeting) and in fact proposed the motion to grant the application.

As I say, you haven't given enough information to say for sure that there was a disclosable interest. Unless there is more to it, sponsoring some Christmas lights in a councillor's ward is not a disclosable interest under the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012.