The Conduct and Discipline Panel has recently considered some Local Government Ombudsman Reports published in the Journal of Planning and Environmental Law and wished points arising from these to be brought to members’ attention. 

In one case the Ombudsman found maladministration in the way an officer’s report had been drafted in terms of its structure, clarity and representation of legal advice, these factors impacted upon the Planning Committee’s understanding of the legal advice and of the relevant issues, and resulted in enforcement action being taken contrary to legal advice. This in turn led to significant financial implications to the authority following a successful costs application upon appeal, and subsequent Ombudsman investigation.

Another case concerned the destruction of planning records forming part of the Statutory Planning Register which the Ombudsman found to amount to a significant failure of corporate governance. The Ombudsman also found a failure on the part of the local planning authority to record reasons for officer decisions. 

The Panel has considered examples of poor record keeping in the past by both local authority and private consultant members in terms of site visit notes, telephone calls, file keeping / storage etc and would like to emphasise the importance of maintaining and keeping good records.  

If members have any queries concerning the Code of Professional Conduct they should contact Sandra Whitehead, the Institute’s Complaints Investigator, sandra.whitehead@rtpi.org.uk
 

Author:

Lucy Millson-Watkins

Publisher:

The Royal Town Planning Institute

Date:

09-Dec-11

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