On Wednesday 09 November (in two days time) Hammersmith and Fulham Council's planning committee will consider adopting a new "Protocol" controlling access to confidential documents submitted as part of a planning application. The effect of the Protocol, if adopted, will be to prevent elected Councillors from accessing planning application documentation.
The protocol will ensure that all financial data which the applicant and the council's executiveconsider to be commercially confidential and sensitive, for example relating to the viability of a project, can only be revealed to members of the Council, including by implication members of the Planning Committee, if they make an application in writing to the relevant executive director (of the tri-borough partnership).
The member will be required to be as specific as possible about the documentation that they wish to see; Normally make the request in writing; and State the reason for wanting the information, and the purpose to which it will be put.
Furthermore
(i) A Member's motive and the use to which they intend to put the information are highly relevant to establishing a "need to know". An improper motive may vitiate a request.
(ii) Each request must be decided on its merits and on the basis of a properly made request.
(iii) In cases where the matter is not clear cut the final decision rests with the Council
...members may rely on officers to summarise and filter information...
... Where a Member considers that they require the information in relation to an upcoming committee meeting and they consider the treatment of the matter in the published officers' committee report to be inadequate then they shall provide full reasons for this belief in good time before the meeting, by writing to or e-mailing the Director and they should copy the request to the Chairman who may at his discretion consult with other committee members.
If this protocol is accepted, it will no longer be possible for ordinary members of the planning committee to carry out their functions, as they will only be permitted to see documents that the chairman and officers allow.
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