Agenda item

To consider a report of the Head of Internal Audit providing the Board with a high level assurance that key controls are in place within the planning application process to mitigate the risk of planning decisions being subject to a conflict of interest and inappropriate external influence.

Referring to minute 85(a) of the meeting held on 29^th January 2013, the Head of Internal Audit stated that he had been asked by the Director of Resources to conduct an independent review of the controls in place to detect any potential conflicts of interest on the decisions made in respect of planning applications.

The report of the Head of Internal Audit followed this review and intended to give the Board a high level assurance that key controls were in place within the planning application process to mitigate the risk of planning decisions being subject to a conflict of interest and inappropriate external influence.

It was reported that, with the approval of the Chief Planning Officer, a recommendation that controls would be strengthened further by introducing a declaration of no interest to be signed by the Case Officer and Principal Planning Officer responsible for signing off each decision would be implemented. This would act as a consistent reminder and deterrent to any officers that may had conflicting interests.

The following representatives were in attendance and responded to Members’ queries and comments:-

-  Councillor P Gruen, Executive Member, Neighbourhoods, Planning and Support Services

-  Mr Neil Hunter, Head of Internal Audit, Resources

-  Mr Phil Crabtree, Chief Planning Officer, City Development

-  Ms Sonya McDonald, Principal Audit Manager, Resources

Detailed discussion ensued on the contents of the report.

In summary, specific reference was made to a number of issues including:-

·  The concerns expressed that the report failed to address the site allocation process

(The Chief Planning Officer responded that officers did not have delegated responsibility for the site allocation process and that responsibility for this rests with the Council)

·  The need for openness and transparency

·  The need for ‘one rule for all’ and for Council officers to complete the same forms as  those completed by Elected Members

·  The view that in addition to the introduction of relevant planning officers completing a declaration of no interest on reports that they also consider including signing that there had been ‘no undue influence’.

The Head of Internal Audit supported this proposal. The Chief Planning Officer stated that undue influence was already covered in the planning process through the Local Ombudsman and Judicial Review

·  To note that the Scrutiny Board (Resources and Council Services) were currently undertaking an inquiry on Employees’ Declaration of Interests and the need to issue guidelines for identifying ‘’high risk’’ posts

·  To refer to the Scrutiny Board (Resources and Council Services)

the suggestion that Council reports should include the names of all officers who had contributed to the content of a report

·  The need to pursue outstanding annual declarations of interests detailed in the schedule which was tabled during the meeting and training for officers concerning declarations of interest

RESOLVED-

a)  That the contents of the report be noted.

b)  That this Board recommends to the Chief Executive that there should be ‘one rule for all’ regarding declarations of interest for all Council officers and Elected Members.

c)  To recommend that the Chief Planning Officer consider in addition to officers stating in reports that they had no interest to add that they also have had no undue influence placed upon them.

d) To refer to the Scrutiny Board (Resources and Council Services)

·  the suggestion that Council reports should include the names of all officers who had contributed to the content of that report  at both junior and senior levels in order to improve transparency and provide an audit trail if required

·  the need to pursue those officers who had failed to complete their annual declaration of interests detailed in the schedule which was tabled during the meeting

·  to identify whether there was adequate training and guidance  provided to officers at all levels concerning declarations of interest

 (Councillor M Iqbal arrived at 10.20am during discussions of the above item)