Decisions

The RTPI Conduct and Discipline Panel has found a member to have breached the RTPI Code of Professional Conduct at its recent Panel meeting.

The complainant alleged that the member had not declared an interest when considering a planning application for a new petrol filling station, had failed to properly assess the proposal by considering the relevant policies within the Local Plan, and had not reported objections fully within the Planning Committee report. 

The Panel found that within the Committee Report key policies were not addressed, consultation responses were not adequately summarised or reported and that it contained other errors.  The Panel noted that the member did seek advice from colleagues and that this was the first major planning application that they had dealt with on behalf of a local planning authority, although more generally the member did have sufficient experience that would have placed expectations of them being able to complete the assessment to an appropriate standard. It was also noted that they took on the application after the previous case officer had taken sick leave, but that this did not remove the responsibility to carry out a competent assessment of the application.  The Panel also found that there was no conflict of interest as the member had discussed their previous experience of promoting petrol filling stations with their managers and had no association with the applicant. 

The Panel agreed to warn the member as to their future conduct without naming them in the published report of the decision.

The RTPI Conduct and Discipline Panel has found a consultant member to have breached the RTPI Code of Professional Conduct at its recent Panel meeting.

The complainant, a local authority councillor, alleged that the member had sent bullying and harassing emails in order to get the councillor to remove posts on their social media pages which advised their constituents of a planning application that the member had submitted.  The member argued that this had generated inappropriate comments that were not adequately managed and had complained to the Leader of the Council. 

The Panel found that it was not unreasonable for the councillor to post information on their social media sites to inform constituents of relevant planning applications within the ward, and it was also appropriate for the member to ask for them to be removed or amended. However the subsequent correspondence, and in particular the email to the Leader of the Council, used intemperate language and went beyond what would be a professional approach and therefore prejudiced their professional status or the reputation of the RTPI. The Panel found no evidence of bullying or harassment.

The Panel agreed to warn the member as to their future conduct without naming them in the published report of the decision.

 

Following an appeal against the decision of the Conduct and Discipline Panel, a member has been found to have breached clause 23 of the Code of Professional Conduct and has been warned as to their future conduct without being named in the published report.  

A complaint was made against the member which was investigated and during the course of that investigation additional information was requested from the member.  The Panel felt that the response was not as helpful as it could be and was rude and unprofessional towards the Panel and Institute staff. In addition, the member had failed to retain emails and other documents supporting their responses.  The member appealed against the Panel’s decision to issue a warning without naming them in the published report.

Like the Conduct and Discipline Panel, the Appeal Committee found no breach of the Code with regard to the original complaint.  With regard to the retention of documents, the Committee agreed that the member was operating at their own risk and therefore no breach of the Code was found but some clear advice was given that records should be kept for at least 7 years as litigation can take place up to six years after a commission. 

The Appeal Committee also found that the approach towards the complaint and the language used towards the Conduct and Discipline Panel, other professionals and Institute staff was rude and inappropriate and as a result was unprofessional and in breach of clause 23 of the Code of Professional Conduct 2016.   The member was reminded that the Code of Professional Conduct is an essential element of maintaining public trust in the planning profession and courtesy to this process is an important element of professionalism.  They were also advised to ensure that all of their correspondence uses language that reflects a professional approach to the subject irrespective of whether there is agreement with the subject matter.

Conduct and Discipline Panel Decision

The RTPI Conduct and Discipline Panel has found Mr Peter Lee, formerly of Hart District Council, to have breached the RTPI Code of Professional Conduct at its recent Panel meeting.

Mr Lee had admitted that he had issued replacement decision notices to correct errors in the originals issued and evidence had been provided that he was aware that neither he nor the local authority had the power to do so.  However, he continued to do so despite being reminded of this, without informing his manager or others within the local authority and this demonstrated a lack of honesty or integrity in his actions.  The Panel also found that Mr Lee had not taken due care by issuing incorrect decision notices, and that he showed a lack of insight into the ramifications of his actions both for his employer and for the profession as a whole. 

The Panel agreed to terminate Mr Lee’s membership and to name him in the published report of the decision.

Conduct and Discipline Panel Decisions

The RTPI Conduct and Discipline Panel has found a senior private sector planner based in the North East region to have breached the RTPI Code of Professional Conduct at its recent Panel meeting. The member had recently resigned from the Institute however as a complaint had already been made about their conduct the Panel were required by the Institute’s Complaints Procedures to decide the complaint as if they were still a member.

The consultant planner had admitted forging planning decisions in three local authority areas in the northeast of England and had accepted a police caution as a result of these offences. It was noted that the member did not gain any financial benefit from their actions.  In the early stages of the local authority investigation they had attempted to mislead, had deflected questions and attempted to blame others for their actions. The Panel found that the member was in a position of leadership and should have demonstrated the highest standards of professional behaviour but that the actions were the most severe case of a breach of faith of a Chartered Town Planner and agreed that were the planner still a member of the Institute, they would have terminated their membership.  The Panel felt that as there was evidence that the member was a vulnerable person due to current health issues, there were exceptional circumstances that warranted not naming the member.

In a separate complaint a consultant member was also found to have breached the Code by not identifying a potential conflict of interest at an early stage. The failure to alert other members of staff to an ongoing client relationship resulted in a breach of clauses 6 and 7 of the Code (2016 version).  The member was warned as to their future conduct without naming them in the published report of the decision.

If Members have any queries concerning the Code of Professional Conduct they should contact Institute’s Complaints Investigator, by e mail: [email protected].

The RTPI Conduct and Discipline Panel has found a member of the Institute to be in breach of the RTPI Code of Professional Conduct at its recent Panel meeting.

The member had repeatedly used bullying and threatening language in correspondence with Institute staff which it was agreed was not appropriate for a professional.  As the correspondence had remained within the Institute it had not damaged the reputation of the Institute, but it had damaged the member’s professional status.  This was therefore a breach of Clause 23) of the Code of Professional Conduct which requires that: “Members are expected at all times to conduct themselves in a manner that does not prejudice their professional status or the reputation of the Chartered Institute”.   The member was reprimanded but without being named in the published report of the decision and asked to consider their written communication, language used and behaviour towards the Institute.

The RTPI Conduct and Discipline Panel has found a member of the Institute to have breached the RTPI Code of Professional Conduct at its recent Panel meeting.

Peter MacLeod, previously known as Kingsley Drinkwater, has been convicted of a serious criminal offence and has failed to hold Professional Indemnity Insurance for his planning consultancy services. As a result, the Panel found that Mr MacLeod had breached clause 19 of the Code which requires members to hold PII when they are engaged in professional practice, and clause 23 which requires members to conduct themselves in such a manner that does not prejudice their professional status or the reputation of the Chartered Institute. The Panel has terminated Mr MacLeod’s membership and he is no longer entitled to refer to himself as a Chartered Town Planner or use the post-nominals MRTPI.

The RTPI Conduct and Discipline Panel has found a member of the Institute to be in breach of the RTPI Code of Professional Conduct at its recent Panel meeting.

The member had started their own planning consultancy and took on unpaid work prior to obtaining Professional Indemnity Insurance (PII) for their activities.  The period without insurance was approximately two months.  As a result the Panel found the member had breached clause 19 of the Code which requires members to hold PII when they are engaged in professional practice, irrespective of whether they are being paid for their services.  The member was warned as to their future conduct without being named in the published report of the decision.

Following an appeal against the decision of the Conduct and Discipline Panel, Mr Philip Brown of Philip Brown Associates, based in Rugby, has been found to have breached clauses 4), 14) and 23) of the Code of Professional Conduct. 

Mr Brown commissioned an ecology assessment to support a planning application but then made significant changes to the report without making it clear which elements were his own, with the intention to mislead the local authority and others of the ecological appraisal of the proposed development. As a result there was evidence of plagiarism with improper accreditation of the material. By changing the report in the manner he had, the Appeal Committee found that Mr Brown had not acted with honesty and integrity, he had not discharged with due care and diligence his responsibilities to his client and others and in doing so had brought both the profession and reputation of the Institute into disrepute. 

Mr Brown’s membership of the Institute has been suspended until 31^st December 2022 and he has been asked to undertake training on professional ethics matters.

The RTPI Conduct and Discipline Panel has found three members of the Institute to be in breach of the RTPI Code of Professional Conduct at its recent Panel meetings.

In each of the decisions where a breach was found the Panel agreed that the members should not be named in the published report of the decisions.  These complaints were:

• A consultant member was found to have failed to respond to emails in a timely manner and to properly progress the scheme, and that they had failed to make clear the extent of the work that they were to undertake or to complete the work expected by the client. They were warned as to their future conduct. 
• A member who was working for a local authority was found to have not fully undertaken the necessary checks when signing off decisions and had not ensured that staff had carried out all the necessary stages required by the computer system. As a result decisions had been issued containing errors. The member was warned as to their future conduct.
• A student member had failed to progress the work commissioned by a client and had lied to managers concerning the work undertaken. The Panel were informed of a number of mitigating factors, and whilst the member had lost their job they retained the support of their ex-employer.  As a result the member was warned as to their future conduct. 

The Conduct and Discipline Panel has found that two members have breached the Code of Professional Conduct. 

The Panel found that the first member had repeatedly shown a lack of due care and diligence by relying on information provided by their client, which was material to the proposed development, and without checking that information against other sources that were readily available.  This included whether protected species were present on the site, the ownership of the land and the date that structures had been present and then removed. 

The second case involved a local authority planner who had failed to take due care when assessing the nature of a development proposal.  This had led to a failure to assess properly whether a development was a major or minor application, to undertake the appropriate consultation and publicity, and to assess the information that was required to meet local and national validation requirements.  The Panel accepted that there were mitigating circumstances which impacted the member.     

In both instances the Panel agreed to warn the member without naming them in the published report.

The May Conduct and Discipline Panel found Mr Gareth Rennie of Hafod Planning Consultants has breached the Code of Professional Conduct and has terminated his membership. The Panel found that Mr Rennie had failed to provide his client with a reasonable service, had failed to act with honesty and integrity in his attempt to cover up his lack of action and had continued to use the RTPI logo and his postnominals whilst he was suspended from membership. That suspension was a result of a similar breach of the Code. As a result Mr Rennie is no longer a Chartered Member of the Institute and cannot use the post-nominals MRTPI.

The Conduct and Discipline Panel has found that a member has breached the Code of Professional Conduct.

The complaint alleged that our member had failed to take due care when discharging their duty to their clients and others by writing to a planning committee with incorrect information. The member had failed to properly research an unusual and technical matter and in doing so provided, as a fact, incorrect information to the planning committee in order to gain planning permission for their client. This could have had a major effect on the neighbouring landowner. The Panel agreed that this had resulted in a breach of clause 14 of the Code which requires members to act with due care and diligence, and agreed to reprimand the member without naming them in this published report.

In addition, Mr Michael Firth of Newcastle has had his membership terminated for failing to provide his Continuing Professional Development record and Professional Development Plan. Mr Firth was suspended in August 2020 and was required to provide these documents during the six month suspension, however they were not submitted. As a result Mr Firth is no longer a Chartered Member of the Institute and cannot use the post-nominals MRTPI.

The RTPI Conduct and Discipline Panel has found four members of the Institute to be in breach of the RTPI Code of Professional Conduct at its recent Panel meetings.

• The Panel has found Mrs Gill Makin of GM Planning Services, based in Devon, to have breached the Code of Professional Conduct and suspended her membership for a year. Mrs Makin admitted falsifying an ecology report that she submitted with a planning application contrary to clause 4) of the Code with regards to acting with honesty.
  
  
• Following an appeal against the decision of the Conduct and Discipline Panel, Mr Peter Le Grys of Stanfords in Essex has been found to have breached clause 14) of the Code by not acting with due care and diligence when submitting material to a local planning authority. When submitting a planning application he made incorrect statements about connecting to the main sewer system, and then provided additional incorrect information about existing drainage fields.  Both the Panel and the Appeal Committee agreed that he should be reprimanded and named in the published report. 

Within the remaining complaints where a breach was found the Panel agreed that the members should not be named in the published report of the decisions.  These complaints were:

• A consultant member was found to have not acted with due care and had breached the data protection regulations. They had forwarded an email that contained private information – the name, address, telephone number and email address of an objector to a planning application – to their client. They were warned as to their future conduct.
  
  
• A member who was working for a local authority was found to have not properly declared, on the correct form, hospitality he had received from developers active in the area. As the member was in a senior position they should have been aware of the required procedures and the perception of impropriety in not following them. The member was warned as to their future conduct.