At the Mistley Parish Council meeting held on Monday 6th November, Cllr Philip Cunningham resigned as the Chair of the Planning Committee over the council's refusal to adopt the Local Government Association's guidance on Probity in Planning.

Adopting the guidance would have made it clear that individuals paid as Agents to guide planning applications through the Council cannot also be involved in the planning process as Members of the Council.

Cllr Cunningham said: "We are expected to be the front line representing residents and the best interests of our community in planning matters, not our own personal financial interests and there should be no muddying of these two roles. 

"The Council's current code of conduct highlights the need to avoid any suspicion that decisions are influenced by personal and financial interests but does not specifically cover the situation that the Council is now faced with of a newly co-opted Member of the Council also acting as an Agent. Adopting the Probity in Planning guidance would have made this clear.

"Since I have chaired the planning committee there have been more planning applications from this one agent than any other. A proposed objection to one of these applications was dropped, with the suspicion that this was due more to their long standing relationship with some members of the committee than the merits of the application.

"The agent was then co-opted on to the Council in August without even attending the meeting, when other worthy candidates who did attend were rejected."

Under the current code of conduct the Member would only have to declare an interest and leave the planning committee meeting when an application for which they are an agent was discussed.

Cllr Cunningham suggested that it was a delusion to think that this removed any possible suggestion of influence.

He said "The Council is now compromised. If we now object to any application for which the Member was not paid to act as an Agent, or support applications where they are, people would understandably be suspicious. The Probity in Planning Guidance sets out how Councillors can be involved in the planning process on behalf of their communities in a fair, impartial and transparent way. In contrast some Members who voted against adopting the guidance even tried to stop their names being recorded in the minutes in a named vote.

The integrity and reputation of the Council matter, and I came to the conclusion that I could not condone the situation and needed to stand up and tell people what is going on. Local residents need to know that the composition of the Council has changed for the worse and it seems that some Councillors' ambitions and personal interests have become more important than serving and representing our community. Mistley deserves better."

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