Guidance

Code of Conduct

Updated 26 January 2023

Applies to England and Wales

June 2017

1. Introduction

The Planning Inspectorate is an Executive Agency in the Department of Communities and Local Government. It works in England and handles a wide range of casework under planning, housing, environment, highways and related legislation.

This Code of Conduct sets out the conduct expected of all who work for the Inspectorate in whatever capacity, including Non-Executive Chair/Director (All non-executive board members of UK public bodies must also abide by the principles set out in the Cabinet Office’s Code of Conduct), and non-salaried inspector, in connection with the performance of their functions.

This document does not cover propriety issues that can arise when the Secretary of State exercises decision-making functions under planning legislation. Guidance on these propriety issues can be found online.

2. General

Everyone to whom this Code applies must comply with it at all times and with the associated policies on Conflicts of Interest, and Acceptance of Gifts, Benefits and Hospitality (or any modification or amendment to either or both of them) in addition to observing the duties and responsibilities established by the Civil Service Code.

This Code of Conduct is based on the seven principles of public life set down by Lord Nolan when Chairman of the Committee on Standards in Public Life (as subsequently amended), and set out at the end of this document. It also reflects the “Franks principles” of openness, fairness and impartiality.

The highest standards of propriety must be maintained in accordance with these principles. No code or guidance can set out all of the circumstances in which these high standards may be brought into question. If there is any doubt as to whether conduct may pose a risk to the Inspectorate’s reputation for impartiality, integrity and high professional standards, they should seek advice from line managers without delay, who will consult where necessary with the Head of Governance and Strategic Support.

3. Decision-makers

In addition to the general principle outlined above, the following principles apply specifically to those taking formal decisions in the course of their duties.

Decisions and recommendations must be made fairly and in the public interest: Decisions and recommendations should be made solely on merit, in terms of the public interest and not in order to gain financial or other benefits for themselves, their family or their friends.

Decisions must not be fettered by pre-determined views and cases should not be judged before they have considered the evidence: Decision-makers may hold tentative views on the merits of individual cases but they should be open to persuasion and alternative points of view. They should only reach their final conclusions once they have considered all the evidence and representations.

Irrelevant considerations and outside influences must not influence decisions and recommendations: Decisions and recommendations should be based on the relevance and substance of the evidence and arguments put by the parties and not by the identity, status or personality of those providing that evidence or argument. No-one should at any time deal privately with one party in the absence of the other parties (other than where arrangements are made for an appellant/agent to provide access to a site in accordance with D.8.3 of the Planning appeals: procedural guide), or similar guidance for other types of case).

All offers of gifts, hospitality and other benefits must be registered in accordance with the Acceptance of Gifts, Benefits and Hospitality Policy: No-one should act in a way that could give the impression that they may or have in fact been influenced by gifts, hospitality or other benefits to show favour or disfavour to a particular party.

Everyone must be treated equally, and with dignity and respect: We must not discriminate against people because of their race, sex, sexuality, marital status, religion, disability or age and must behave at all times with courtesy, patience and understanding.

Decision-makers must avoid unnecessary delay in reaching decisions and recommendations: Decision-makers should not be dilatory in completing work assigned to them and, where not governed by a statutory timetable, should make every reasonable effort to ensure that decisions and recommendations are made as soon as possible after the relevant evidence has been considered.

Decision-makers must be responsible for their own decisions and recommendations: Except where specific provision has been made (S76 of the Planning Act 2008 (as amended) allows functions of a Panel appointed to examine an application for a nationally significant infrastructure project to be allocated within the Panel), decision-makers should not delegate their responsibilities to anyone else. Nor should they allow anyone to usurp their responsibilities.

4. The Committee on Standards in Public Life – Seven Principles (as amended)

1) Selflessness Holders of public office should act solely in terms of the public interest.

2) Integrity Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

3) Objectivity Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

4) Accountability Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

5) Openness Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

6) Honesty Holders of public office should be truthful.

7) Leadership Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.