Government legislation allowing councillors to campaign openly on planning issues places members in “legal danger” according to the leader of the Liberal Democrats in Hertsmere.

Housing Minister Grant Shapps has written to all local authorities saying the coalition Government will legislate, through the Localism Bill, the freedom for members to publicise their preferred outcome on planning applications.

However, Mr Shapps has said councillors will need still need to be “open minded at the point of decision”.

Liberal Democrat group leader at Hertsmere Borough Council, Roger Kutchinsky, said the proposals could create a potential “minefield” for councillors.

Cllr Kutchinsky said: “I think that this puts councillors in some degree of legal danger. By expressing a view they could in fact be opening themselves to legal action because they are not being open minded.

“By fulfilling law in one way may be to break it in another. I don't know how you square that circle.”

Cllr Kutchinsky vowed not to express any predetermination even if the proposals are accepted, saying “you shouldn't be seen to be taking sides”.

The Bushey North councillor said his views were not a “political comment” but simply felt the changes could lead to bias.

He added: “I'm not trying to say what our council or even the government is doing is wrong, but it could be a potential minefield for councillors.”

Cllr Kutchinsky said he felt that predetermination could lead to legal repercussions from aggrieved developers.

Chairman of Hertsmere's newly formed unified planning committee, Cllr Hannah David, said: “The changes potentially will allow councillors more freedom to properly represent the views of their constituents and that surely is what out democratic system is about.

“The new rules as I understand them would still prevent someone voting on a scheme in which they have a financial or personal interest but they would not automatically stop councillors from voting on an issue if they had championed the cause.”

Housing Minister Grant Shapps said the legislation would allow councillors to “speak and vote on issues that may well be the very essence of the campaign that got them elected”.