The RTPI is a knowledge sharing, knowledge generating organisation. Everyday we help RTPI members problem solve in the workplace by offering practical support , guidance and ideas.

PIWP can help RTPI members find real solutions to workplace issues. We do this by combining current RTPI guidance and the Code of Professional Conduct with the wealth of knowledge and experience that exists within the membership.

Often the best way to solve a problem is to reflect on the experiences of others and then apply this knowledge to your own circumstances.

Below is an example of some of the enquiries we receive - click on the links to see how the RTPI has helped.  Please email your quesitons to the RTPI's Planners in the Workplace manager.

Please note that the informal guidance and information offered below relate specifically to the circumstances described by the RTPI member concerned. They may not be applicable to members in similar situations and therefore should not be considered as general RTPI advice.

• I believe that my local MP has overstepped the mark in terms of their criticism of a proposed development (for which I am the agent) . . (more)
• I am a planning consultant and am spending more and more time chasing invoices . .(more)
• I work as a Senior Planning Officer in a District Authority’s Development Control team. I have dealt with two planning applications recently, both on the same site, both of which I have recommended for approval to planning committee . .(more) 
• I am concerned that my job may be at risk and so I am actively pursuing alternative employment. Am I entitled to leave to attend a job interview?  . . (more)
• I've a difficulty with the ethics around client confidentiality. I have an architect client who I have worked with for a number of years. , , (more)
• I have a quick query: does the RTPI offer any guidance on how long archive files should be retained before they are destroyed? . . (more)
• I am a member of the RTPI and am just about to get a website set up for my planning consultancy.  I would like to include the RTPI logo on the webpage . . (more)
• Does the RTPI hold any information on the ratio between public and private sector planners?
• I am taking a career break from work to start a family. My employer (a Local Authority) is keen to retain me on a part-time self-employed basis . . (more)
• I am dealing with an appeal case where it appears to me that a meeting with a transgressor without the presence of solicitor may resolve an enforcement issue . . (more) .
• I am a recent graduate & I am finding impossible to find employment . .  (more).
• My planning officers are accused by members of the public of colluding with developers . . (more)
• I am concerned that I have been asked to submit an application to committee without officer recommendation. . . .(more)
• Are planners under any kind of duty (under code of conduct, etc.) to report known breaches of planning consent . ,(more)
• I am a Team Leader at my Council and looking to make changes to the structure of my team from an efficiency point of view, but also in terms of career development for more junior Team Members . .(more)

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"I consider that my local MP has overstepped the mark in terms of their criticism of a proposed development (for which I am the agent), and of a professional planner discharging her responsibilities to her client. As these comments were made at a public meeting I feel that this is also a criticism of the planning profession. However, thanks very much for the helpful conversation, I understand that the RTPI may not be able to address this issue, but I wanted to raise it with you."

RTPI response

We occasionally receive enquiries from RTPI members regarding the behaviour of elected members, but this is the first enquiry I’ve received about the behaviour of an MP. Naturally we are concerned when any member of the RTPI has their professionalism criticised.

In similar circumstances involving the behaviour of elected members within Councils, we advise members to pursue their grievances by making a complaint to Standards England. With respect to the behaviour of the MP, if you wish to pursue the matter further then we would suggest you follow the guidance on the following website http://www.parliament.uk/about/mps-and-lords/members/standards/.

We do seek to inform and influence the thinking of politicians through our Politicians in Planning Association. I would be more than happy to discuss your concerns regarding the MP’s comments and behaviour. Please do feel free to contact me at the RTPI.

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“I am a planning consultant and find myself spending more and more time chasing invoices. What can I do to encourage prompt payment? Is there any guidance the RTPI can offer?”

RTPI response

We provide a number of guidance notes designed to support members in managing their practices more efficiently. We offer three guidance notes specific to payments, debt recovery, collecting debts and interest on late payments.

It is advisable to ensure that, where possible, your written agreement includes payment date(s), especially if you are undertaking a large job for a client and will need to ensure you receive a part payments throughout.

When dealing with an appeal, do make sure that payment is made before you submit the appeal. It is your responsibility to ensure that your client has paid all outstanding bills before an appeal is submitted.

If you withdraw an appeal once it has been submitted without the permission of your client, then you will be in breach of the RTPI's Code of Professional Conduct. A letter to your client advising them of the appeal date, and that if the outstanding debt isn't repaid or addressed in some way then the appeal will not be submitted, should help resolve the issue.

When all else fails then we also provide guidance on suing through the small claims court. For a copy please email piwp@rtpi.org.uk.

Would you like to add to this guidance? If so please email in confidence to piwp@rtpi.org.uk. (back to top)

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"Iam concerned that my job may be at risk and so I am actively pursuing alternative employment. Am I entitled to leave to attend a job interview, or is this at the discretion of my employer (a planning consultancy)"

RTPI response

Having checked with the RTPI’s Employment Law Helpline I understand that there is no legal entitlement to time off work to attend job interviews unless you are facing redundancy, in which case the situation changes.

If you are not facing redundancy then your employer may take the view that any invitation for an interview is a result of your interest in progressing your career. Any time off will be at their discretion.

As an RTPI member you are entitled to free advice through our Employment Law Helpline so do contact them direct for further clarification. We also offer guidance for members affected by the recession.

If you do not want your employer to know you are attending interviews then you may find that using up flex time or taking half a day's leave will be your only option. Good luck with the job hunting.

  "I've a difficulty with ethics around client confidentiality. I have an architect client who I have worked with for a number of years. The architect was recently hired by a retired couple who wanted to redesign and rebuild their existing home. The retired couple are also occasional clients and friends of mine. The architect is aware of this.

It turns out that the LPA is not happy with the new design and have asked the architect to revise the plans. The actions of the LPA were prompted by a mistake made by the architect, a mistake that he is keen to hide from his client. I advised architect that his clients now have two options to comply with the LPA. The architect decides to go with cheaper option and discusses this with this client. He does not discuss the more expensive option which would retain an additional bedroom, therefore increasing the value of the house when built.

I think that the architect is reluctant to discuss both options as this is a result of the mistake made by him. I feel I should point this out to the architects’ clients, but I am concerned about client confidentiality. Normally I would only discuss my concerns with the architect, but as the retired couple are friends of mine I suspect that they may contact me about this anyway. They know that the architect often consults with me on planning issues".

RTPI response

It would seem that the problem you face is not professional, it is one of loyalty to your friends. You are correct that you should not discuss this with them without the permission of the architect as this could cause you all sorts of problems. 

Perhaps there is another way to try and resolve this? Perhaps it is worth considering writing a letter to the architect strongly recommending he advise his client of both options (so that there is a written record of your advice). You could then follow this letter up with a call to the architect and remind him that the retired couple are both friends and clients of yours.

Diplomacy and tact will be necessary as the key point here is to persuade the architect to take a different course of action. It would be in his professional interests to put both options to his client and let them decide. Of course the retired couple may not contact you, and decide to go ahead with the recommendation of the architect, but he needs to be aware that the possibility exists. 

If the retired couple do contact you then they will not be aware that you presented two options to the architect (unless he tells them), and it would not be appropriate for you to advise them of this. However, you could speculate with them on alternatives to the option that they have been presented with. This possibility might help convince the architect of the error of his ways.

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 "I have a quick query: does the RTPI offer any guidance on how long archive files should be retained before they are destroyed? We need to find space and we’re not sure who provides guidance on this subject. Can you help, or point me to an organisation that can?"

RTPI response

With regard to archiving files I would suggest three things;

• Before destroying any file consult with your insurers, as this will avoid the disposal of information which may prove useful in the unlikely event of an insurance claim.
• If they contain any financial information then seek guidance from your accounts team
• It's also worth considering whether files may have any future use within training opportunities, in particular with graduate recruitment schemes. There may be some large scale projects that may prove of interest, particularly if they occurred before the credit crunch and subsequent recession.

The RTPI provides members with a wide range of free management notes, which aim to support them throughout their career.  For your information I've attached one of the titles ‘filing and record management’, further titles can be found here

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Does the RTPI hold any information on the ratio between public and private sector planners?

RTPI response

A recent RTPI survey estimated that around 30,000 individuals are employed in the UK and Irish planning sector. Approximately two thirds of this number (23,000) are RTPI members. We do not hold information on those who are not RTPI members.
With respect to RTPI members we estimate a 45% - 55% split in favour of the private sector. There are many reasons for this; we have seen the percentage of members in the private sector grow considerably during the last decade, but this increase relates more to the growth in the private sector, rather than a sudden decline in members employed in the public sector.
We also know that anecdotally many private sector employers tend to place a higher value on professional qualifications than public sector employers. This is will also have an influence in the decision to become professionally qualified.

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"I am taking a career break from work to start a family. My employer (a Local Authority) is keen to retain me on a part-time self-employed basis. I contacted you a few weeks ago to request the 'starting in private practice' information, which I have received and found really useful. However the problem I am faced with relates to professional indemnity insurance.

My annual income whilst working from home is unlikely to exceed £5000, which I understand will make me eligible for a low price insurance premium through the RTPI's low income scheme.

Unfortunately my employer will require me to hold £5million worth of professional indemnity cover, and in addition are asking that I take out public liability cover. The costs of the annual premiums for both insurances means that I will earn even less money! The point was that I thought I was doing them a favour! Perhaps I should offer my services elsewhere?"

RTPI response

We often receive enquiries from members who are in your position and their existing employer wants to retain their skills and experience. It seems the difficulty here is with your employer. As your potential 'client' they have a right to ask you for whatever insurance cover they feel appropriate. The problem is that this is largely an administrative 'tick box' exercise, and as a 'contractor' you will be treated in the same way as a large organisation with a £1million contract to maintain council owned properties.

We try to influence the thinking of planning managers as it seems to us unfair to treat all potential contractors in the same way. By retaining your skills you will help them deliver their planning service, and as a self-employed consultant you may well prove cheaper to hire than an agency planner, helping keep their costs down.

The only thing preventing this from happening is their insurance requirements, so why not try and negotiate this with them? The RTPI's professional indemnity advice note is available in the PIWP section of the RTPI website. Although the advice note is not offering 'risk assessment', it does specify what the RTPI considers to be appropriate minimum levels of cover. Do use this advice note to make your point, and if we can help further then do let me know.

Hopefully your employer can apply a more sensible approach and come to agreement that suits you both.

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 “I am dealing with an appeal case where it appears to me that a meeting with a transgressor without the presence of solicitors may resolve an enforcement issue without the need for a costly Public Inquiry. The transgressor's solicitor agent has written to us, stating that we are not to contact his client directly, and that all correspondence or contact with his client should be through the agent.

Would it be wrong, or in breach of the RTPI code of conduct, to contact the transgressor directly in an attempt to resolve the matter?”

(RTPI Response)

Your proposed action would not in itself be a breach of the Code. However, it is possible that the action could be seen as a breach if the manner in which you carried it out was considered ‘unprofessional’.

The best course of action would be to ensure that you have the backing of your line manager and relevant legal officer before acting as you propose.

It is right that enforcement action seeks to resolve potential problems as positively as possible (to use the NAPE, the National Association for Planning Enforcement’s strapline ‘Negotiating, Advising Protecting Enforcing’). I consulted NAPE’s committee on the matter and have listed their views below which I hope will be of use.

1.“There have been instances in the past where appellants have been able to resolve their differences directly with us despite their Legal representatives arguing that they should be contacted. Often issues have at least in part been resolved which means aspects of the appeal can be resolved and agreement can be reached on areas of dispute.

Where issues can be resolved without recourse to a public enquiry this should be explored. However I agree that the officer’s line manager should be informed and be supportive, with the Delegated Officer (often Head of Service) also made fully aware in case they have to deal with any complaints that may arise from such contacts. Given that legal Services usually are involved with public inquiry appeals, I would also agree that the relevant Legal Officer should be fully aware of this action.”

2. “Common sense tells me that a 'phone call to the solicitor asking to liaise direct with the appellant would be the correct approach. If this courtesy request falls on stony ground I would follow it up with a letter to the solicitor, with a copy to the appellant, saying that you consider the matter could be ameliorated directly with the appellant using the usual terms of "public interest", "proportionality", "reasonable" in the text of the letter.”

3. “Here in NI we have gone directly to applicants / offenders which has made their agents unhappy. When they complained I was able to state that this action was carried out with the authority of the Department (employer). I agree that support should be sought as a degree of comfort / protection. We have also sent letters to agents / solicitors and copied them directly to the applicant / offender to ensure that they were fully aware of our position.”

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“I work as a Senior Planning Officer in a District Authority’s Development Control team. I have dealt with two planning applications recently, both on the same site, both of which I have recommended for approval to planning committee. The first application was refused and the second is an appeal against non-determination, but the committee have indicated they would have been minded to refuse.

An appeal date has been fixed for a hearing next month and I am being expected to, prepare a statement in support of the Council's case for refusal and appear to give evidence on the Council's behalf. The appellants are fielding a Planning Barrister who will no doubt ask me my professional opinion, which has already been set out in two committee reports.

I consider that I will be professionally compromised by this and refer to para 3 of the Code of Professional Conduct, which indicates that I should not subscribe to any statements or reports which are contary to my own bona-fide professional opinion.

I am seeking your guidance and your support as my professional body as to whether or not I should appear at this hearing on behalf of the council”.

RTPI response

The position you describe is not uncommon for members in senior positions. You are correct in what they say, the Code does state that 'members shall not subscribe to any statements or reports which are contrary to their own bona fide professional opinions'.

The experiences of other members may be of use here. Under the Code members are not able to present a statement that professionally they do not agree with, but members can present a factual statement that is based on the views of a Council. This is something entirely different, and as an officer of the council you are able to speak on its behalf. Appropriate language such as the use of ‘the Council’ rather that ‘I’ would help make clear that these are not your professional views, they are the views of the Council.

There is nothing to fear from a barrister asking for a professional opinion as your professional opinion has already been given. You are there in the capacity of a representative of the council and not as a chartered planner. You could of course remind the barrister of this should such a question be asked, but if challenged you must be prepared to give a professional opinion.

It has been observed by some members that such circumstances are an excellent example of demonstrating the planning system, with the local councilors elected to act in the interests of their community, and employed professional staff giving their professional opinion. The two can differ and this is nothing new.

However, it may be that your employer is sensitive about some decisions made by the planning committee, and you should therefore make them aware of your concerns.

I think perhaps the key issue here is whether you feel comfortable in the role that you are being asked to carry out. Under these circumstances I feel that the decision is with you and your employer. The RTPI is confident that you could carry out this role, and I have attached a copy of an RTPI practice advice note that I hope you find of use. The RTPI does appreciate and support your predicament, and I would be interest to know what you decide to do.

 “Please can you help? I have a situation where my planning officers are accused by members of the public of colluding with developers (in this case disgruntled objectors to a planning application which was approved). These allegations are without foundation, but alarmingly seem to be supported by certain Elected Members.  Needless to say this is a very difficult position that myself and my officers find ourselves in. Your advice would be greatly appreciated”.

RTPI response

Firstly, I am sorry to hear of the situation that you and your colleagues are facing. Every so often we hear from members who find themselves in similar situations, it is unfortunate that some employers do not move quickly enough when support their staff when allegations (whether internally, from the public or in the media) are made.

Pre-application discussions with a developer can ensure that an application is submitted with all the necessary information required for a decision to be made, providing the planning team with a proposed development that is likely to meet all the relevant policies. If the Committee then approves the application, an uninformed member of the public could form the opinion that:

• the pre-application discussion was a good use of the Councils resources, enabling planners to work with the developer to ensure that the proposed application will meet the necessary requirements.
• it is an example of the Council colluding with a developer.
• somewhere in between the above two! 

Planners should not feel singled out by this sort of behaviour. Employees within Education and Social Services departments occasionally receive bad press and internal criticism. Working in a public and political environment is one of the challenges planners have to deal with.

Why did the elected member react in this way? Did they fully understand what happens during such discussions? Perhaps this should be explained to them? In an ideal world both elected members and the public would have a wider understanding and appreciation of the planning system and the role of planners. It is always worth remembering that the reality is often different.

The Planners in the Workplace service aims to help members become better planners, better managers and better leaders in the workplace. What is clear from the many enquiries and conversations that I’ve had with members in similar situations is the vulnerability that they feel when suggestions or accusations of misconduct are made. What we can offer in these circumstances are some ideas and suggestions to help members build their professional confidence.

Often the answer is to develop a positive, confident response and communicate it to your planning team. Be positive and up beat about the work of your planning service to elected members. Regarding the pre-application discussions, remind the elected member of the professionalism of the planning team and the benefits of pre-application discussions. Focus on the positive, and not the negative, which can so easily influence behaviour in the public sector.

We believe that it is this ‘everyday leadership’ that can really help address issues of morale in the workplace. Of course, a good employer would naturally defend its staff, but many employers fall short of this and so it is up to us as individuals to present a positive and professional defence of what we do. This approach can help diffuse accusations whether made or implied, and most situations can be deflated by a positive reassurance that the accusations made are unfounded. There may be occasions where this is not enough to reassure an elected member and accusations continue, but your professional behaviour will reassure doubters and win the moral high ground.

To help you build confidence in your processes and help build ‘professional armour’ consider the following: 

• Check with your employer (perhaps the personnel department, or chief executive’s monitoring officer) whether your Authority has a code or guidance covering officer / elected member relations (or anything similar). Guidance is usually provided to newly elected members on their role, standards, etc. What you are looking for is guidance on how your employer expects officer / elected member relationships to be conducted. Hopefully your employer will have useful guidance or ‘standards’ that you can use and refer to when your service’s professionalism is challenged. Sometimes elected members overstep the mark. You are paid to deliver their planning service, not act as a vehicle for them to score political points. Professionalism works both ways, so always refer to such guidelines and challenge inappropriate behaviour.
• Check with your employer on what guidance or support is offered to staff when allegations are made by the public. Sometimes this can be covered within guidance for an internal/external complaints procedure. Again, you can use this to challenge the more serious accusations or confrontational behaviour.
• Remind yourself of the RTPI’s Code of Professional Conduct. Many employers respect such codes and it can prove a useful addition to your employers’ existing codes of conduct.
• In the planning reception area publish these codes. You may also choose to develop your own simple charter of principles that you observe in pre-application discussions and publish these. Remember, by publishing this information you are not inviting complaints or criticism, it is an opportunity to educate the public, Councillors and colleagues about your professional commitments and integrity. Remember to keep all published information clear and simple!
• Take a look at the following links – they can be sophisticated and powerful tools to find out the performance of your own Council (I appreciate that you may well have this information to hand).
• http://www.bvpi.gov.uk/pages/AuthorityManager1.asp?Process=2
• http://www.audit-commission.gov.uk/cpa/#FindYourCouncil. Any positive quote that can be found that gives a favourable description of the planning service’s performance can be used to strengthen the message. You may find the RTPI's guidance note 'Effective PR' of use.
• Unison may be able to offer or provide some useful guidance or information on how employees can defend their actions.
• RTPI Awards - Have you considered submitting an award to the RTPI for either the national or regional awards? Every year the RTPI recognises the best within the profession, and if you are successful then display the certificate in the planning reception area, showing the public (or should we say ‘customers’) that you are an award-winning planning service.Are there any other award schemes that you would be eligible to submit a project to? Has the local media given a positive report on local developments? (perhaps the Council's PR function can help you with this). If so then again put it up for display - be proud of your achievements.
• Much of our strategy to promote the recognition of planners can only address the medium & longer term. Several years ago we launched a new association for elected members called the Politicians in Planning Association aimed at promoting best practice and a wider understanding of the planning profession. We have also worked with the Standards Board for England with their guidance for elected members. There are many other activities and initiatives, including RTPI Learning Partnerships, that we wlil use to remind employers of the professionalism and expertise that qualified planners can bring to their organisation.

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 “Are planners under any kind of duty (under code of conduct, etc.) to report known breaches of planning consent, developments without permission etc that they come across in a professional or personal capacity?

RTPI response

There is no obligation under the Code of Professional Conduct to report the kinds of breaches you have described. However, it is inevitable that RTPI members will spot such issues whether they be at work or even on holiday. 

If you feel that you should report a potential breach, then it may well be the case that the authority concerned is grateful for the information.

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 “I am concerned that I have been asked to submit an application to committee without officer recommendation. The Council's own Code of conduct and Nolan report indicate that an officer's recommendation should always be done. What is the RTPI's view?”

RTPI response

The RTPI would consider it to be unusual for a planning committee to make a judgement on an application that contained supporting information, such as relevant policies, etc, but did not include an officer recommendation. It would be bad practice to make a judgement on an application that contained no supporting information, and no officer recommendation. However, we recognise that there may be local circumstances that would justify this decision.

You are right to be concerned and you should consider raising this issue with your manager, using the Nolan report, the Council's own Code and the RTPI's views to strengthen your argument. What are the reasons for not submitting a report? Surely the planning committee would want to know why? And if the request came from the Committee then they need to be aware of the potential consequences of their actions.

It is important that the planning officer’s report provides Members with fair and accurate information on all relevant considerations for each application, and contains a firm recommendation. Without this the Council may expose itself to criticisms of inconsistency and/or inadequate consideration, which might constitute mal-administration.

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"I am a member of the RTPI and am just about to get a website set up for my planning consultancy.  I would like to include the RTPI logo on the webpage and was wondering how to go about obtaining a copy?

RTPI Response

Many thanks for your interest in using the RTPI logo, we provide members with a copy of the RTPI advice note for using the logo and two file copies, 1 jpg and 1 eps (eps files are higher definition and preferred by designers and printers).

You may be interested in other services the RTPI provides for members. Have you considered joining the RTPI’s Independent Consultants Network? The network is free to join and provides a weekly email bulletin, access to a variety of RTPI advice and good practice notes and an email discussion forum. For further information please visit http://icn.rtpi.org.uk/. The RTPI also provides guidance and information for consultants and consultancies which can be found in the member services pages.

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"I am a recent graduate & I am finding impossible to find employment. I have been trying to get volunteer work bit my many local authorities and private companies are unwilling to take on volunteers for insurance reasons. Is there any advice that you could give me to help? I am concerned as I cannot complete my APC to become chartered and I do not want to give up a career in planning before it has started."

RTPI response

We do sympathise with the difficulties you are experience in gaining work experience within the planning profession. The lack of employment opportunities has impacted on many, including graduates.

However, both private and public sector employers are aware of the challenges facing those trying to find work during the current economic climate. The RTPI actively promotes the importance of offering work experience, be it unpaid voluntary work, work-shadowing, or short-term employment opportunities. Further information is available on this website.

The decision to offer such opportunities lies with individual employers. We know many do, and I am surprised that the issue of insurance has been cited as a reason not to take on volunteers, especially as work experience for students during their studies is a well established practice. Are you confident that you are in contact with the planning team/service, and not the employer's HR team?

 We expect the job market to remain challenging for the foreseeable future, but there are opportunities out there. The numbers of new Licentiate membership applications has remained buoyant. In the period January to April the RTPI elected 312 new Licentiate members, similar to the number elected during the same period in 2007.

The economy will improve, as will the job market. but at the moment there is greater competition for all planners, be they graduates from non-RTPI accredited degrees through to professionally qualified planners. In this job market you will need to do everything you can to compete for jobs.

We know from the series of 'recession support workshops' that the RTPI has provided through its Regions and Nations that many graduates are not taking advantage of the support available through their Universities, or joining through membership of the RTPI (£35 a year to graduates on low-incomes. Graduates must keep themselves competitive. You might want to join RTPI Networks (these are free, and keep you up to date with the latest news and information), or check for latest jobs via our website, or attended social / CPD events arranged by your local RTPI Region. 

In the short term you may find yourself working outside of planning. If this is the case then look for opportunities to develop transferable skills, and take advantage of low-cost RTPI CPD events to keep your knowledge up to date.

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"I am a Team Leader at my Council and looking to make changes to the structure of my team from an efficiency point of view, but also in terms of career development for more junior Team Members. I am looking for models/structures from other local authorities to help ensure that efficiency drives do not compromise our ability to offer career development opportunities. Can the RTPI help?"

RTPI response

We asked RTPI Learning Partners in the public sector how they ensure that career and professional development priorities are not compromised by the current climate of budget cuts and cost reductions.  Their experiences have helped us develop an article designed to help other Local Authorities facing the same challenges.

Would you like to add to this guidance? If so please email in confidence to piwp@rtpi.org.uk. (back to top).

Author:

Chris Sheridan

Publisher:

The Royal Town Planning Institute

Date:

14-Oct-11

Categories:

Planners in the Workplace 

Sections:

Member Services

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