What councillors can and cannot do over Pavilion issue
8:44am Friday 18th July 2008
I REFER to the letter entitled Can councillors have Pavilion vote?' from Gareth Duncan (Echo, July 15), A councillor who has an interest in any business which is being considered by the council, including a planning application for the pavilion site, must declare that interest.
If that interest is also prejudicial (broadly meaning that it affects the individual's or their close associates' financial interests) the councillor concerned cannot take part in the decision.
This is a requirement of the Code of Conduct which all councillors sign up to when they take on their duties as a councillor.
Councillors who are involved in making decisions on planning applications also have a separate responsibility to determine applications fairly and reasonably taking into account relevant planning considerations.
They must not have made their minds up before they have all the relevant information to consider. This can only be at the final meeting where the decision is taken when they have had an opportunity to read all the papers, listen to representations from the public and the debate of their fellow councillors and hear the advice of council staff.
Councillors who participated in the decision to approve the Development Brief for the Pavilion site were expressing views and voting on a policy document to guide a planning application for the site.
They were not considering a scheme for development and their comments for or against the Brief should not be seen as any indication of views as to the way in which that councillor will vote on any future planning application which has not yet been submitted to the Council.
Councillor Peter Farrell Chairman, Planning Committee Weymouth and Portland Borough Council