This guidance covers:
dealing with approaches and requests for meetings from developers
parish-led community engagement
specific help with concerns over pre-determination during:
local council meetings or
local councillor individual discussions.
Guiding principles
Pre-application discussions have an important role in all types of planning applications. Local Councils are aware of:
the importance of public perception in planning and
the need for transparency in their relationships with developers.
This guidance aims to support local councils in their role when working with:
developers and
Cornwall Council on pre-application proposals.
Pre-application meetings
A developer may request a meeting before submitting a planning application. Local councils may expect that:
public may attend the meeting
the meeting has been reasonably advertised
the developer meets reasonable costs for hosting a public meeting. This should include large scale plans for display purposes.
a public consultation or engagement event is either scheduled or firmly planned.
Local Councils can combine:
a public engagement event with
a scheduled local council meeting
rather than holding a separate event. The pre-app meeting and the community engagement event may be spread apart timewise for large schemes. For smaller proposals, both meetings can be at the same time.
A Local Council will not normally hold private meetings with developers unless:
there is a necessary and compelling reason
the reason can be justified to the public. This could be, for example, a strong commercial sensitivity.
A developer may want an initial steer before deciding whether to continue.
Pre-application community engagement (PACE)
A Local Council can encourage developers to engage with the local community before submitting plans. This is important for significant or complex developments.
A PACE meeting should:
have a venue that is convenient and accessible to the community
be publicised within the community and to all likely interested parties
be timed to allow as wide a range of people as possible to attend
show there is a genuine:
open mind and
willingness to adapt plans in response to community feedback
include the provision of large scale plans for display purposes
The developer should meet all reasonable costs for hosting the meeting.
Advice to local councillors is:
not to attend separate private briefings as part of public consultation
attend a public event instead.
Pre application process and the Code of Conduct for Local Councils
A Local Council may have some concerns about conversations on pre-application proposals. These can include:
developer requests for meetings with individual councillors and
how feedback on a proposal could be viewed as pre-determination.
This guidance includes recommendations for local councils.
For individual Councillor discussions:
councillors must be aware of their obligations under the Council’s Code of Conduct
individual Councillors must not informally discuss possible future applications with a developer. This could lead to a complaint for a potential breach of the Code.
the Local Council will nominate at least two representatives to attend any site meeting.
A developer should not attempt to lobby individual members. The Local Council may withdraw from any pre-application process in this case.
Pre-determination: Councillors should not express any:
detailed opinion or
prior view which might be viewed as pre-determination.
If the Local Council arranges a formal meeting, this wording could help. State on the agenda or invitation:
“While Members may express an opinion:
for or
against the proposal
at this meeting, our minds are not closed. We will only come to a conclusion if we should:
support the scheme or
offer an objection
after we have listened to the full debate.”
A local council can clearly state this at the start of an informal meeting. It will make it clear that members attending are not pre-determining their position. Local councillors can include the words:
‘in principle’ or
‘subject to ..’
when expressing their views. This emphasises that opinions given at this stage are not pre-judging a proposal in advance of a formal planning application.
Working together on pre-app discussions
This protocol helps with working together on pre applications. The Cornwall Planning Partnership produced it. It is for local councils, developers and officers.
Local Councils will aim to:
publish details on its website of its:
pre-application procedures and
information for potential applicants
assist in facilitating public meetings in suitable pre-agreed local locations
share notes of pre-application discussions with the Local Planning Authority including:
minutes of meetings or
a record of the discussion
refer requests for advice on planning policy to the Local Planning Authority.
Applicants and agents should:
research the area of the proposed development
get an understanding of local factors
share with the local council:
plans
supporting information and
guidance given by the Local Planning Authority before attending local meetings
leave the information with the local council for any follow up comments
respect the role of the local council during the pre-application process
not lobby individual local council members in private
meet all reasonable costs of hiring local facilities to hold public meetings
Cornwall Council officers will:
encourage applicants to engage with local communities
share any pre-application advice given to the applicant by officers if requested. (Except in the case of confidential pre-application enquiries)
encourage the use of Planning Performance Agreements (PPA) and Local Council liaison
ensure joined-up working with other agencies in connection with pre-application submissions
encourage the use of the Cornwall Design Review Panel
adhere to the pre-application protocol when Cornwall Council is the planning applicant