This is of great interest to developers and the general public as it affects the scope of the local council’ powers, and how members conduct themselves when determining planning applications.
The Bill has been through the House of Lords committee stage, and has undergone several amendments.
Local authority Powers
Following debate at committee stage, the Government brought forward New Clause 12 to meet concerns about the Bill‘s provisions to provide local authorities with a general power of competence. This power would allow local authorities to do anything that an individual generally may do, other than that which is specifically prohibited.
New Clause 12 and its related amendments impose conditions on the use of the general power of competence. The Secretary of State will have power to remove or to change statutory provisions that prevent or restrict the use of the general power of competence: ‘the barrier-buster power’.
However this power will be restricted to ensure that the use of the provision is proportionate to the policy objective intended, that there is a fair balance between the public interest and the interests of any person adversely affected.
Local Authority Standards of Conduct
The Bill contains provisions to abolish the the Standards Board for England, including the Model Code of Conduct, which governs members of your local council. Local council’s will take on the responsibility. However, following debate at committee stage, the Government have decided to impose requirements on local councils to tell the electorate what they are doing in relation to Standards and conduct. They can decide whether or not to have a Code of conduct, but they will have to publicise it, and whether it has revised or abolished its code.
By Nick Sanders
