These FAQs have been compiled from letters, telephone enquiries and emails from councillors and officers (Parish and District) and members of the public.

 

If your question is not answered here, please contact: 

 

 

Q:         A Member of the Parish Council has a prejudicial interest in a planning application.  He/She made his statement in the public participation and left the room when it was being discussed.  Could the member, as a private individual, have lobbied other members of the council before the meeting, or does he/she have to keep his/her objections for the statement?

 

A:         Under paragraph 12(1) of the revised code - where a member has a prejudicial interest he/she must withdraw from the room and "not seek improperly to influence a decision about that business".  This would preclude a member from speaking to other councillors before the meeting.  Similarly, under paragraph 6, a member must not use or attempt to use their position as a member improperly to confer on or secure for themselves or any other person an advantage or disadvantage.  The Standards Board states coercion, harassment, inducement or pressures as examples of improper influence and advise that members must not use their position improperly to further their own interests in a way that is not open to the ordinary members of the public.  Members views may still be presented through other means, e.g. written representations in their private capacity.

 

Q:         When will I have a prejudicial interest in a matter?

 

A:         There are four questions that you need to ask yourself (see flowchart):-

1. Is there a personal interest - e.g. is the interest registerable, or does it relate to the well being or financial position of yourself, a family member or close associate more than the majority of inhabitants within your ward/local authority area.
2. If there is - does the interest fall within one of the exempt categories of decision as laid down in paragraph 10(2)(c) of the Code (if yes then the interest is not prejudicial).
3. Does the interest relate to the financial position or a regulatory matter of yourself of a person or body described in paragraph 8 - if yes
4. Would a member of the public with knowledge of the relevant facts reasonably regard your interest as so significant that it is likely to prejudice your judgment of the public interest.

If having got to 4 and the answer is yes, then the interest will be prejudicial.

 

 

Q:         When can a dispensation be granted?

 

A: Under the Local Authorities (Standards Committees) (Dispensations) Regulations 2002 dispensations may be granted to a member in the following circumstances:-

 

 

1. the number of members of the authority that are prohibited from participating in the business of the authority exceeds 50% of those members that are entitled or required to so participate; or
2. the Authority is not able to comply with an duty which applies to it under Section 15(4) of the Local Government and Housing Act 1989.

Q:         How do I apply for a dispensation?

 

A:         Any request for a dispensation should be submitted to the Council's Standards Committee in writing together with an explanation as to why it is desirable and must be signed by each individual member making a request for dispensation.