FI17055

Request

1.  Any minutes, notes, records, file notes, contemporaneous notes, emails, messages, or other records created during or immediately following the adjournment. 
2. Any audio or video recordings made during the adjournment, whether official or unofficial, and details of any recordings that were created but subsequently deleted or not retained.
3. The names and roles of all persons present during the adjournment, including:
   1. Planning Committee members;
   2. Council officers;
   3. Legal officers or solicitors;
   4. Democratic Services officers;
   5. Any external advisers or consultants.
4. Details of the location(s) where councillors and officers were present during the adjournment, including whether any individuals left the Council Chamber. 
5. Any documents, briefing notes, written legal advice, emails, or other materials provided to councillors or officers during the adjournment.
6. Any records identifying who requested the adjournment, who authorised it, and the reason recorded for the adjournment.
7. Any records produced as part of the review referred to in the Council’s Stage 2 complaint response dated 28 May 2026, including:
   1. Notes of discussions with the Democratic Services Officer who clerked the meeting;
   2. Notes of discussions with the Head of Corporate Services and Democracy;
   3. Any review report, findings, recommendations, or conclusions;
   4. Any documents relating to the proposal to standardise adjournment wording or to require councillors and officers to withdraw from the chamber during longer adjournments.   
8. Any guidance, protocol, procedure, or constitutional provisions relied upon in determining that the adjournment was conducted correctly.

Response

1.  The Council does not hold this information.
2. Aside from the official live broadcast which continued during the adjournment, the Council holds no other audio or video recording made during the adjournment.  The broadcast is available to watch on the Council’s YouTube channel at https://www.youtube.com/watch?v=dioSUqV-YhY.
3. The names of individual members of staff are considered exempt from disclosure under Section 40(2) of the Freedom of Information Act.  Those in attendance at the meeting (and therefore also at the adjournment) are listed in the Minutes of the meeting which can be found on the Council's website at https://moderngov.dover.gov.uk/documents/g5177/Printed%20minutes%2026th-Mar-2026%2018.00%20Planning%20Committee.pdf?T=1. Those that spoke to each other during the adjournment were the Planning and Development Manager, Team Leader (Development Management) – Strategic Sites, Principal Planner and the Principal Planning Solicitor.  Councillor Pout came to the front and stood/crouched next to the Planning and Development Manager for part of the time during the adjournment.
4. The Council does not hold this information as this was not recorded/documented.
5. There were no documents, briefing notes, written legal advice, emails or other materials provided to councillors or officers during the adjournment.
6. The Chairman proposed the adjournment (at the request of the Principal Planning Solicitor) and the Committee voted to adjourn by a show of hands.  The reason for the adjournment is given in the official minutes (published on our website at https://moderngov.dover.gov.uk/documents/g5177/Printed%20minutes%2026th-Mar-2026%2018.00%20Planning%20Committee.pdf?T=1) and stated in the live broadcast.  
7. As follows:
   1. The Council does not hold this information as any discussions were not recorded/documented.
   2. The Council does not hold this information as any discussions held were not recorded/documented.
   3. The Council does not hold this information as there was no formal review report of the adjournment. There was a meeting between the Head of Democracy and Corporate Services and the Democratic Services Officer where they verbally discussed the adjournment procedure.
   4. The Head of Democracy and Corporate Services and the Democratic Services Officer discussed the existing adjournment wording (attached) and procedure and will be producing a new document that makes things clearer and, for lengthy adjournments, will require Members and (relevant) Officers to leave the Council Chamber. 
8. The meeting was adjourned in accordance with the Constitution. Committee meetings may be adjourned under Section 14(l) (Motions without Notice) of Part 4 (Council Procedure Rules) of the Council’s Constitution. Councillor Loffman proposed that the meeting should be adjourned for 10 minutes or so and Councillor Williams seconded the motion. Members of the Committee then voted to adjourn the meeting by a show of hands.  The Constitution is available on the Council's website at https://www.dover.gov.uk/Corporate-Information/Constitution.aspx.

Attachments

Attachment

Internal Review Documents

Internal Review Request:

I write to request an internal review of the Council’s response to my Freedom of Information request dated 29 May 2026 concerning the Planning Committee consideration of application 25/00112 (Land North of Kingsdown Recreation Ground).

In particular, I request a review of the adequacy and completeness of the searches undertaken in relation to records concerning the adjournment/recess during the committee meeting and any advice or discussions connected to the withdrawal of the proposed refusal motion.

The response states that no minutes, notes or records are held in relation to the adjournment. Given the significance of the matter, I find this surprising and I would ask that the review specifically considers whether all potential locations and forms of recorded information were properly searched, including but not limited to:

• handwritten notes;
• officer notes;
• emails;
• diary/calendar entries;
• meeting/chat messages;
• electronic communications;
• draft minutes;
• legal briefing notes;
• communications involving the Monitoring Officer, Committee Chairman or Planning Officers.

I would also ask the Council to confirm whether the searches undertaken included consideration of communications relating to Council business conducted via personal devices, personal email accounts or private messaging applications used by officers or members during or in connection with the committee meeting and adjournment.

Given the absence of any formal record relating to a significant procedural pause during determination of a contentious planning application, it would assist transparency for the Council to clarify the scope of searches undertaken and whether such sources were considered.

In addition, I would ask the Council to clarify:

• whether any verbal legal advice was provided during the adjournment or immediately before the motion to refuse was withdrawn;
• whether any record exists of who participated in discussions during the recess;   
• whether any governance or procedural guidance exists regarding the recording of adjournments during Planning Committee proceedings.

As the committee’s deliberations and subsequent change in direction were clearly material to the final outcome of a highly controversial application, there is a strong public interest in transparency surrounding the process.

I would therefore be grateful if the internal review could reconsider whether further information is held and whether the original response fully complied with the Council’s obligations under the Freedom of Information Act.

 

Internal Review Request Response:

I am writing in respect of your request for an internal review of the response to your recent Freedom of Information request.  I have now had the opportunity to review your request, comments and the legislation and respond to you with my findings. 

In your request for an Internal Review, you have specifically referred to the following areas: 

1. The response states that no minutes, notes or records are held in relation to the adjournment. Given the significance of the matter, I find this surprising and I would ask that the review specifically considers whether all potential locations and forms of recorded information were properly searched, including but not limited to:

• handwritten notes;
• officer notes;
• emails;
• diary/calendar entries;
• meeting/chat messages;
• electronic communications;
• draft minutes;
• legal briefing notes;
• communications involving the Monitoring Officer, Committee Chairman or Planning Officers. 

As part of my review, I have made additional enquiries of those in attendance.  This was already carried out as part of your original request, however I have reiterated the need to check for any form of documented information held or created during and following the adjournment. As part of this I have included devices, if used for work purposes. One officer has confirmed they scribbled some notes down during the adjournment to assist as a reference when addressing the committee when it reconvened.  However, as the notes were only made as an aid memoire, they did not retain them and disposed of them shortly after the meeting.  Another Officer has confirmed they routinely make handwritten notes throughout committee meetings they attend. However, their current notebook begins with the planning committee of 23 April 2026, after the date of this meeting. They dispose of previous note books when completed as no longer require the notes. 

2. I would also ask the Council to confirm whether the searches undertaken included consideration of communications relating to Council business conducted via personal devices, personal email accounts or private messaging applications used by officers or members during or in connection with the committee meeting and adjournment.

I can confirm consideration was given to the use of personal devices, emails or other applications.  However, there has to be a good reason to believe relevant official data is held on a personal device to enable a search to be undertaken.  We have no evidence to support this and as such have not requested a search of personal devices.  All staff and officers are provided with official DDC equipment in order to undertake their roles.

3. Given the absence of any formal record relating to a significant procedural pause during determination of a contentious planning application, it would assist transparency for the Council to clarify the scope of searches undertaken and whether such sources were considered.

This has been covered in point 1 and 2 above.

4. In addition, I would ask the Council to clarify:

• whether any verbal legal advice was provided during the adjournment or immediately before the motion to refuse was withdrawn; 

The Freedom of Information Act relates to documented information and as such, this would not be covered under the FOIA.  However, I understand this has been addressed already within your complaint and the response sent to you by the Principal Solicitor – Planning.  He was in attendance at the meeting on 26 March 2026 as the legal officer and has confirmed that no legal advice was provided to members of the Committee during the adjournment. All legal advice was provided in the public session of the Committee meeting. 

• whether any record exists of who participated in discussions during the recess;  

There is no documented record of who was involved in the discussions during the adjournment.  However, as previously confirmed, those that spoke to each other during this period were the Planning and Development Manager, Team Leader (Development Management) – Strategic Sites, Principal Planner and the Principal Planning Solicitor.  Councillor Pout came to the front and stood/crouched next to the Planning and Development Manager for part of the time during the adjournment.  

• whether any governance or procedural guidance exists regarding the recording of adjournments during Planning Committee proceedings. 

The constitutional requirements were met in this instance.  Committee meetings may be adjourned under Section 14(l) (Motions without Notice) of Part 4 (Council Procedure Rules) of the Council’s Constitution. Councillor Loffman proposed that the meeting should be adjourned for 10 minutes or so and Councillor Williams seconded the motion. Members of the Committee then voted to adjourn the meeting by a show of hands.  The Constitution is available on the Council's website at https://www.dover.gov.uk/Corporate-Information/Constitution.aspx