How NPAC / SPAC Councillors Can Represent Their Constituents While Following Planning Rules

 

A Detailed Guide / Insight For Our Community

Community members often ask what local Highland Councillors can and cannot do when they sit on the North Planning Applications Committee (NPAC) or South Planning Applications Committee (SPAC). This guide aims to provide clear answers based on the most up-to-date publicly available. 

 

1a. How should concerned constituents get their NPAC / SPAC councillor to represent their views on planning applications? 
1b. Don’t councillors owe their first responsibility to the people who elected them?

Yes — councillors have a duty to represent their constituents. However, when a councillor sits on NPAC or SPAC, they take on a quasi-judicial role, meaning they must act impartially and avoid giving any impression of a pre-fixed decision.

Under the Councillors’ Code of Conduct (Dec 2021) (Highland Council) (see Councillors’ Code of Conduct below), NPAC / SPAC councillors must:

• keep an open mind
• refrain from expressing support or opposition publicly
• avoid indicating how they might vote

Despite these constraints, constituents’ views can still be effectively represented:

• NPAC / SPAC councillors can listen to resident concerns
• They can record those concerns
• They can pass feedback to planning officers
• They can encourage residents to submit formal representations
• They must not make public statements like “I support this” or “I’ll oppose that,” because doing so risks compromising their impartiality.

 

2. Is there a Code or clause that governs Highland Councillors?

Yes. Highland Councillors are governed by their own Code of Conduct, which aligns with the national Scottish Code. See:

Highland Council’s Councillors’ Code of Conduct (2021) PDF
Scottish Government’s Councillors’ Code of Conduct on gov.scot
These Codes cover important standards, including:

• declarations of interest
• lobbying and access
• quasi-judicial decisions (like planning) - see footnote
   

3. Does the Ministerial Code apply to Highland Councillors?

No — this is not relevant to Highland Councillors.

The UK Ministerial Code applies only to UK Government Ministers.
The Scottish Ministerial Code applies only to Scottish Government Ministers.
Councillors — including NPAC / SPAC members — are not governed by either of these. Their conduct is governed by the Councillors’ Code of Conduct.

 

4. Is anything preventing NPAC / SPAC councillors from engaging with constituents on planning issues?

No — they can fully engage, listen, and gather views from local people.

What is restricted:

• They cannot publicly state support or opposition to a planning application.
• They must not imply that they have “already made up their mind.”
• They should avoid giving any advice that suggests bias or a predetermined position.
• This ensures they remain fair and open-minded when they later make decisions on NPAC or SPAC.

 

5. During a Community Council meeting, is a NPAC / SPAC councillor forbidden from listening or answering questions about planning applications?

It’s a common misunderstanding: NPAC / SPAC councillors are not forbidden from attending or listening in.

In fact:

• They can attend Community Council meetings.
• They can listen carefully to planning-related concerns.
• They can take note of what residents raise.

However:

• They should not publicly debate or take a position.
• They should avoid giving their personal view on any proposal.
• This is all consistent with the Highlands Code of Conduct and the expectations for their quasi-judicial decision-making role.

 

6. What should an NPAC / SPAC councillor do during planning discussions at a Community Council meeting?

There are three possible approaches councillors could take:

Option A — Leave the meeting when planning is discussed

Some believe councillors should remove themselves entirely to avoid any risk of perceived bias.
However, this is not required by the Code of Conduct or Highland Council guidance — and leaving may weaken constituent representation.

Option B — Stay but remain completely silent

Under this approach, councillors attend but do not respond to planning questions. While it reduces risk, it prevents engagement and denies them the opportunity to represent constituents.

Option C — Stay, listen, note concerns, and pass them on (recommended)

This is the most balanced and responsible approach for NPAC / SPAC councillors. Under Option C, councillors should:

• remain present throughout the discussion
• listen carefully to all contributions
• record concerns raised by residents
• offer to pass those concerns to planning officers
• avoid expressing personal opinions on any application
• avoid suggesting how they might vote

Why Option C is best practice:

• It lets councillors engage with their community responsibly.
• It enables them to understand local issues — a key part of their elected role.
• It helps them maintain the impartiality required for decision-making on NPAC / SPAC.
• Option C offers the best blend of representation and fairness.

 

7. Does the Highland Council Scheme of Delegation (30 October 2025) change any of this advice?

No — the updated Scheme of Delegation & Administration (30 October 2025) clarifies the powers and remit of NPAC / SPAC, but does not change councillors’ obligations under the Code of Conduct.

The rules on bias, impartiality, and how councillors engage with constituents’ stem from the Councillors’ Code of Conduct, not from the delegation scheme.

 

8. Some older planning guidance dates from 2014. Does that mean the advice might be outdated?

Highland Council’s 2014 “Guidance on the Role of Councillors in Pre-Application Procedures” (Report PDI-4/14) is still publicly available on the Council’s website. We found no newer, formally adopted version of that document. At the same time, Highland’s Scheme of Delegation was updated as recently as 30 October 2025, which confirms we have checked the most recent governance materials. However, the 2025 Delegation Scheme does not replace or revise the 2014 pre-application guidance.

Therefore, the 2014 document remains the most recent published councillor pre-application guidance, and its principles are still very relevant when considering how NPAC / SPAC councillors should behave in pre-application planning contexts.

 

Summary: What NPAC / SPAC Councillors Can and Cannot Do

Allowed:

• Attend Community Council meetings
• Listen to planning issues
• Note and record community concerns
• Pass those concerns to planning officers
• Encourage formal public submissions

Not Allowed:

• Express personal opinions on live planning applications
• Declare how they might vote
• Advocate publicly for or against a proposal
• Debate planning merits in a way that suggests bias
• Recommended Approach:
• NPAC / SPAC councillors should stay, listen, record, and pass on concerns — without expressing a personal view.
• This ensures fair, transparent, and responsible representation for our community.

 

Footnote:
A “quasi-judicial role” means that, for planning decisions, councillors must act similarly to a judge: impartially, without bias, considering only the evidence, keeping an open mind until the formal decision is made, and basing their final decision on planning law, policy and material evidence.

 

 

Key Document Links

Highland Councillors’ Code of Conduct (Dec 2021) - Highland Council PDF (Dec 2021)

Highland Council: Guidance on the Role of Councillors in Pre-Application Procedures (PDI-4/14)  - Highland Council PDF (May 2014)

Councillors’ Code of Conduct (Scottish Government) - Scottish Government

Ethical Standards in Public Life etc. (Scotland) Act 2000 - Legislation (legal basis for the Code)