Member

158: After Clause 52, insert the following new Clause— “Planning: duty of candourAfter section 8A of the Town and Country Planning Act 1990 (The Homes and Communities Agency) insert—“8B Planning: duty of candour(1) A local planning authority who have the function of plan-making and determining applications for planning permission or permission in principle shall, in its interactions with applicants and those who make representations in connection to such applications, operate with a duty of candour.(2) A local planning authority operates with a duty of candour where—(a) in general, it acts in an open and transparent way with respect to its decision-making process in preparing and approving the development plan for its area;(b) in general, it acts in an open and transparent way with respect to its decision-making process in determining whether a planning application should be approved, and in making determinations in connection with the approvals process of such applications;(c) where it has made a decision, including with respect to the approval or otherwise of a planning application, the acceptance or otherwise of submissions or representations with respect to a planning application, or in connection with other activities inherent in the processing of a planning application, it outlines the reasoning for that decision in a way that is—(i) publicly accessible,(ii) written in clear language,(iii) consistent with the Nolan Principles on Standards in Public Life, and(iv) in accordance with national planning policy guidance.(3) An officer of a local planning authority shall, in their interactions with elected members of the authority, operate with a duty of candour in respect of their professional obligations.(4) An officer of a local planning authority operates with a duty of candour where they explain, clearly, accurately and in accessible language, what the rights and duties of the local planning authority are in respect of any application, potential application or development plan matter, regardless of the policies or preferences of the elected member concerned.””