The wheels of government have descended into the pre-election period known as ‘purdah’ and for the first time ever, thanks to the Fixed-term Parliament Act, we have known for some time when it would begin.

Purdah doesn’t just apply to national government. Local government also has to take careful steps to ensure it doesn’t become trapped in a political fight. Local government, and indeed many outside of the inner workings of a council, sometime view this period as a time when communication has to shut down completely. That, if the rules of purdah are applied correctly, is not the case.

In reality it should be business as usual, with the ordinary functions of a council continuing, with some additional restrictions applying to all councillors and officers.

Essentially councils should not publish materials which appear to be designed to affect public support for a political party. So for example, a council should avoid publishing any publicity on controversial issues, or report on proposals in a way that identifies them with individual councillors or political groupings. The problem here is that this decision is left down to individual councils.

The guiding principle that all councils should use when applying these rules is: ‘could a reasonable person conclude that you are spending public money to influence the outcome of an election?’

A test case in 2008, brought against Persimmon Homes Teesside Ltd, found that a decision to grant planning permission for a controversial development during purdah was unlawful because of apparent bias / predetermination. This judgement was later overturned by the Court of Appeal, which found that the imminence of local elections at the time of the decision did not demonstrate that those who voted in favour of the planning application had their minds closed to the planning merits of the application.

However, it was noted that the decision to hold the meeting during the pre-election period was in principle capable of justifying a decision to quash the granting of planning permission.

So, it is clear that councils must be careful to strike a balance. But the problem for applicants is that Local Authorities tackle purdah differently. There is no reason or justification for Local Authorities delaying the progress of a planning application, but it does happen as officers and councillors alike struggle to interpret the true requirements of purdah.