25 Jan 2024

The Members Planning Code of Good Practice – Press Release 25th January 2024 

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LLG are delighted to present the revised Members Planning Code of Good Practice 10 years following its last revision. Originally launched in 2003, the Code has been an invaluable resource for local government lawyers and councillors alike, receiving endorsement by the Supreme Court in the matter of Dover District Council (Appellant) v CPRE Kent (Respondent) [2017] UKSC 79.   

LLG President, Rachel McKoy said “LLG are committed to supporting its membership with practical, reliable guidance to enable them to ensure lawful decision making and strong governance within their authorities. Described by the Supreme Court as offering ‘sound practical advice’, the Code is an invaluable tool for planning lawyers and local authorities in the exercise of their planning functions. I would like to thank both Philip McCourt from Bevan Brittan and Sharon Bridglalsingh from Milton Keynes City Council for their collaboration in revising the Code.  

Philip McCourt, speaking on the launch of the Code said: - 

“Having led the drafting of the original Model Members’ Planning Code, and its later incarnation, I am delighted to have been able to do the same with this update. Originally produced by a team of a team of local authority colleagues, with commentary and sense checking provided by Bevan Brittan LLP and Richard Clayton KC as practitioners advising local authorities in governance and decision making; I am proud to be able to continue in the same vein now at Bevan Brittan myself.   

The Code came about as a response to the scandals of the nineties and the lengthy and discursive documents put out by others, but quickly proved itself as straightforward do’s and don’ts guide. It has since cemented itself within local authorities as a set of clear rules to enable members to see through the maze of decision making for planning committees, where decisions are often made under intense public scrutiny, where decisions affect neighbourhoods, and individual’s and companies’ significant financial investments and thus, where a legal challenge is around every corner”. 

Sharon Bridglalsingh added: - 

“Good planning decisions lie at the heart of our places and communities and the Code has been a helpful go-to for councillors and officers over the years.  It provides practical advice and accessible principles to navigate what can be very challenging decisions and to do so lawfully in the public interest while acknowledging the role of councillors in the community.  This refresh ensures that the Code remains useful by staying relevant for example by including guidance around use of social media”. 

You can read the Code here 

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