Agenda item

Dispensations

To receive any requests for dispensations.

Decision:

(a)       That Flintshire County Councillor Adele Davies-Cooke be granted dispensation under paragraph (d) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to make verbal and written representations to officers of Flintshire County Council on planning application 058118, or any application which, in the opinion of the Monitoring Officer, is similar.  This allows for speaking to officers provided there is at least one witness, which will ensure that there are at least three people involved in the conversation, and that the conversation be minuted.  When the item is considered at Planning Committee, Councillor Davies-Cooke is to leave the meeting before the application is debated and voted on.  The dispensation to be granted for 12 months, ceasing on 7 January 2020; and

 

(b)       That the dispensation request from County Councillor Mike Peers in respect of discussion at Planning Committee on matters relating to Pennaf Housing Group be refused on the basis that he does not have a prejudicial interest on the matter.  The request for permission to speak on the same matter at other Council meetings is also refused given there is insufficient information.

Minutes:

The Deputy Monitoring Officer presented two dispensation requests for consideration, received after publication of the agenda.

 

Councillor Adele Davies-Cooke

 

County Councillor Adele Davies-Cooke wished to speak and write to officers about planning application 058118 which related to land in her ownership.  The dispensation would allow Councillor Davies-Cooke and her husband (as the co-applicant) to communicate with officers on the application which was becoming a complex matter.  She did not wish to speak or vote on the application when it was considered at Planning Committee.

 

In response to comments, officers advised that although a similar previous request had been refused by the Committee, in that case the Member had sought permission to speak at Planning Committee.  Reference was made to the restrictions which now applied when granting requests to speak with officers, involving witnesses and notes of those discussions.

 

Edward Hughes proposed that dispensation be granted on this basis, which was seconded by Ken Molyneux.  On being put to the vote, this was carried.

 

Councillor Mike Peers

 

A request by County Councillor Mike Peers sought permission to participate in discussions of the Planning Committee and other Council meetings on matters relating to Pennaf Housing Group where his son was employed in the IT department.  Councillor Peers wished to speak and remain in the room for such debates, as a member of the public, but not to vote.  A planning application submitted by Pennaf Housing Group was due to be considered by the Planning Committee.

 

In respect of the Planning Committee, Officers advised that this was a personal rather than prejudicial interest, as set out in paragraph 10(2)(c) of the Members’ Code of Conduct.  In the absence of further information, it was not possible to advise whether there would be a prejudicial interest if the matter was to be discussed at other Council meetings.

 

During discussion, Members questioned the level of impact from the application on Councillor Peers’ son, along with the perception of whether this should be treated as a prejudicial interest.

 

The Committee determined that this was not a prejudicial interest and therefore dispensation could not be granted.  It would be a decision for Councillor Peers whether he remains in the room and votes during discussions at Planning Committee.  There was insufficient information to consider the request to speak at other Council meetings, as they may involve circumstances in which a prejudicial interest may arise.

 

RESOLVED:

 

(a)       That Flintshire County Councillor Adele Davies-Cooke be granted dispensation under paragraph (d) of the Standards Committee (Grant of Dispensations) (Wales) Regulations 2001 to make verbal and written representations to officers of Flintshire County Council on planning application 058118, or any application which, in the opinion of the Monitoring Officer, is similar.  This allows for speaking to officers provided there is at least one witness, which will ensure that there are at least three people involved in the conversation, and that the conversation be minuted.  When the item is considered at Planning Committee, Councillor Davies-Cooke is to leave the meeting before the application is debated and voted on.  The dispensation to be granted for 12 months, ceasing on 7 January 2020; and

 

(b)       That the dispensation request from County Councillor Mike Peers in respect of discussion at Planning Committee on matters relating to Pennaf Housing Group be refused on the basis that he does not have a prejudicial interest on the matter.  The request for permission to speak on the same matter at other Council meetings is also refused given there is insufficient information.