Making Planning and Licensing Decisions

4th March 2025

Elected members of local authorities are often required to make decisions on planning and licensing matters, such as on applications for planning permission and for licenses for:

• Houses in multiple occupancy, and short-term lets
• Taxis and private cars;
• Alcohol sales; and
• Entertainment, betting and gaming venues

Section 7 of the Councillors’ Code of Conduct outlines what elected members should, and should not do, when making decisions on these types of matters. It is important for elected members to comply with the Code’s provisions in this regard, as a failure to do so can have a significant impact on the applicant and other members of the public and could result in a challenge against the Council’s decision.

What the Code requires

Elected members are obliged to make decisions on licensing and planning matters objectively and with an open mind. Decisions must be based solely on the merits of the individual application and in accordance with the law and the Council’s policies and procedures.

Elected members must not make decisions based on their own private interests or the interests of any friends, family or associates. They must avoid taking into account any irrelevant or immaterial considerations when making their decisions.

Elected members must:

• Act fairly and be seen to act fairly throughout the entire application process. This includes when interacting with any parties involved (including the applicant and any objector).
• Declare any financial or non-financial interests (including the interests of any friends, family and close associates). If a councillor has declared an interest, they are not allowed to take part in the discussion or decision-making and must leave the meeting until the matter has been determined.
• Take account of all the material and relevant facts, evidence, opinions and policies and any professional advice given by council employees, before making a decision on the merits of the application at the meeting where it is to be determined.
• Be able to give clear and adequate reasons for their decisions.

Elected members must not:

• Pre-judge or demonstrate bias or be seen to pre-judge or demonstrate bias. They should not reach a conclusion on an application until all available information is at hand and has been considered properly by them at the meeting where the application is to be considered.
• Indicate or imply support for, or opposition to an application, or indicate their voting intention before the meeting at which the application is to be considered. This includes not attempting to influence council employees to make a particular recommendation, or trying to persuade other councillors to take a certain decision.
• Consider irrelevant and inappropriate matters, such as what may be reported by the press, or what might be popular with voters.

Standards Commission’s Advice Note

The Standards Commission has published a new Advice Note for Councillors on Quasi-Judicial and Regulatory Decision-Making. The Advice Note aims to assist elected members in complying with the Code when they are involved in, considering and making decisions on quasi-judicial and regulatory matters, such as licensing and planning applications. The new Advice Note can be found here: https://www.standardscommissionscotland.org.uk/education-and-resources/professional-briefings