RE: 3rd August28 Jul 2020 21:48
Skwizz
Sorry I have got onto this late in the day but I just spotted your comment this morning and wanted to clear up your procedural issue. The way voting on planning works is that there is automatically a recommendation to approve or refuse. In UKOG's case councillors debated the officer recommendation to approve.
If you, as a councillor, want something different ie in this case refusal, you put an amendment to refuse , get a seconder and off you go and debate your amendment first. The first vote is on the amendment ie to refuse. Councillors were asked whether they supported the amendment to refuse, which they did, 6-5. So the vote to refuse was carried.
What went belly up is that there were no clear reasons to refuse. An amendment should say something like on the grounds of highway safety, speed of cars etc and give reasons, like them or not. The fact that the legal officers say you can't do that as you have been told it would be unreasonable, doesn't mean they won't. In this case the officers said what are the reasons, and the councillors went off to cook up reasons to support the decision they had already made. Then they had vote on the reasons, not on the motion to refuse which had already been carried 6-5.
There are legals issues here, constitutional nightmare time. One is that they had already taken a decision, but didn't know why, which is surely crackers. Then to have a separate vote on the reasons for refusal which I think came out 9-1 is baffling. Why have a separate vote, when they had already voted? So another question is- was the voting 6-5 or 9-1?
Where the chairman went wrong is by calling a separate vote on the reasons. He also went wrong in not demanding the reasons for refusal in the first place, so they knew what they were voting on. There are questions whether some councillors has a clue what they were doing but we will let that pass.
Sorry to be boring. I understand the arcane nature of the law of meetings and local authority constitutions. I know sod all about oil though.
I noticed one poster said the councillors should be booted out. Oh I wish. Sadly it's not possible under the law these days. You need elections for that and you will be sorry to learn there is a risk we won't have any next year as there might be a move towards unitary authorities and the govt might postpone the SCC elections for a year. There was a time when councillors could be personally charged for making unreasonable planning decisions, but that stopped I think in the 1970s.
Cheers