Examples of professional conduct complaints

Although complaints often introduce new issues, there are some concerns that arise more frequently. Below are some examples of the nature of these complaints and the issues they have raised:

1. Errors in Planning Documentation

Occasionally errors occur in documents produced by chartered town planners. It is not the role of the Institute to ensure that errors never occur, however the question to be answered is: Are the errors so substantial, or numerous, that they result in the questioning of the planner's competence?

One or two minor errors would not normally be found to be a breach of the Code of Professional Conduct, whereas sustained errors throughout a document or commission, or major errors that bring the entire document into question, may be in breach of the Code.

Case Example 1

Objectors to a local development scheme complained that a planning consultant had lied in an application for planning permission. The proposal was to change the use of a local shop to residential use.

The consultant had included information in the application about the distance to other retail premises, arguing that the distances were short and that local residents would not be disadvantaged by the loss of the shop. The distances were found to be incorrect.

During the course of the investigation, the Panel found that the consultant had used incorrect figures supplied by his client. A car milometer had been used to measure the distances and the client had incorrectly interpreted 1/10^th of a mile to be 100 yards, rather than 176 yards.

The planning consultant explained the error and apologised for it.

The Panel considered that this was a minor error, made unintentionally, and that it did not mislead the local planning authority. As a result the Panel found that the consultant had not breached the Code of Professional Conduct.

2. Mis-statements

The inclusion of misleading information, or lies, requires a different test. All members are required to act with honesty. Members often have to make planning judgements, based upon a range of considerations. A statement such as "the proposal will not have an adverse effect on a location" is an opinion even though it is not clearly stated that it is one.

Differing opinions are not a breach of the Code, unless it can be proved that the planner does not actually believe the statement that has been made.

If errors or mis-statements are found in documentation for a current planning application, these should be brought to the attention of the local planning authority or other decision-making body. These bodies will check the information provided and do not normally take submitted information at face value.

Case Example 2

A member submitted an application to his local planning authority for a lawful development certificate. He stated that he had, for four years, lied about the use of the premises and that he had been using it for residential purposes rather than an office. The member resigned during the course of the investigation, however the Panel agreed that, had he not resigned, his membership would have been terminated.

3. Consultants' Fees

Planning consultants are required to ensure that their terms of engagement are set out in writing and agreed prior to starting work. Any additional work to that previously agreed should also be set out in writing and confirmed as being acceptable to the client before it is undertaken.

Hourly rates, with no upper limit or estimate of hours to be worked, are not normally considered to be sufficient to meet this requirement.

Case Example 3

A consultant member took on a commission from a member of the public without setting out in writing what the commission was, or the fee to be charged. He had verbally stated his hourly rate. The Panel agreed that he had breached he Code and agreed to warn him as to his future conduct. The member has now put into place procedures to ensure that a written contract stating the nature of the work, and fees to be charged, is always issued before starting work.