Wednesday 4 February 2015

A challenge laid down to MHDC Planning Committee. Answer these simple questions to prove to the public that you can decide this application.

Alfrick and Lulsley Residents' Group has asked the Councillors on the Planning Committee due to decide on Leader David Hughes' controversial planning scheme tomorrow (Thursday 5th February) a few simple questions. If they really do believe they have the impartiality to decide this case on its merits, they shouldn't be afraid to answer these in public forum.

We await to see if they can do this.

The text of our request:

Dear Councillors
 We are writing to you in connection with the Planning Committee meeting due to take place on Thursday 5th February at 6.30pm and Application 14/00894/OUT in particular.

The Residents’ Group which we represent is deeply concerned with the procedure and governance issues surrounding this case and are worried that matters may take a further turn for the worse on Thursday. We believe that some of you may be in danger of breaking the law in these highly unusual circumstances and our own legal advice is at odds with that which we understand your Governance Officers have provided to you.

You may be aware that we believe Councillor David Hughes did not act correctly in taking part in the Blue Shot Meadow, Clifton application vote. We, along with many residents of Clifton, cannot see how Mr Hughes did not have a disclosable interest, given that the development company involved with Blue Shot Meadow, Greenlight Developments Ltd, is the same as the one behind the Clay Green Farm application. Mr Hughes did not disclose that interest, and voted on the application.

A number of people reported this to Mr John Williams as Monitoring Officer of MHDC who dismissed those concerns with the reply that there was no case to answer. His reply was at odds with Counsel’s Opinion which we obtained. That opinion said Mr Hughes' lack of disclosure and his involvement in the vote was wrong, broke the law and the next level of remedy after the Monitoring Officer was to report his actions to the Police.

This has been done and the Police are now investigating. Since we have raised public awareness of this issue, and the Police have started their enquiries, Mr Williams has informed us that he is now reconsidering his decision as he now believes it is in the public interest.

You should be aware that another report has been sent to the Police in respect of the behaviour of Mrs Barbara Williams in connection with planning applications in Clifton.
The divergence of view between the advice being provided with MHDC and our outside expert, together with the change in view of Mr Williams, may be (or should be) something that gives you cause for concern.

You will also be aware that we raised concerns before the Northern Area Planning Meeting in January at which this application was due to be heard.
The determination of planning applications in MHDC has become particularly complicated because of the highly unusual housing development planning applications of several District Councillors. We suspect when the governance rules were drawn up, it was not envisaged that several Councillors in such a district would have interests in sizeable housing development plans.

We were concerned that the close relationship with Mr Hughes, as Leader of the Council and leader of the Conservative group within the Council, and the Northern Area Planning Committee would inevitably impair the impartiality of the decision and potentially open up charges of pre determination and bias.

Those concerns were again dismissed by Mr Williams’ advice to the Councillors attending however, they took the decision that the application should be referred to you at the full committee apparently because of the ‘sensitivities’ involved.

We believe that there remain concerns as to the make up of the committee due to decide on the application on Thursday. Our prime concerns are as follows:

1    We have Counsel’s Opinion which states that a Portfolio Holder, who is in a paid position with MHDC, and was appointed by David Hughes as Leader of the Council, has an ODI and cannot take part in the meeting and vote on Thursday without committing a criminal offence. This legal advice does not agree with the advice we believe you have received from Mr Williams. 

       We believe that the advice you have received may be partial or otherwise misleading but that is a matter for your own judgement. Our advice has come from Scott Stemp, a Planning Law Barrister based in Southampton. We obviously do not know who has provided the legal advice you are being asked to rely on, whether the advice was specific or general in nature, and what questions were posed when the advice was sought. You may feel that you require the answers to such questions before determining the Application. Certainly, one would hope this has not come from Number 5 Chambers in Birmingham given that a member of that set is one of the owners of Greenlight Developments.

2.    We also believe that when a Conservative member of the planning committee is not able to attend a meeting, then the substitute is either appointed, or their appointment approved, by David Hughes as leader of the party. Our Counsel’s Opinion states that someone being substituted in these circumstances should not take part in the meeting or the vote. Again, this appears at odds with Mr Williams’ advice.

We understand that Mr Williams has advised that failure to disclose a DPI or ODI does not invalidate the decision to approve a planning application. Scott Stemp comments:
“Non-disclosure of a DPI does not automatically invalidate a planning permission.
 It would be the commission of a criminal offence by the Councillor who did not disclose that DPI however”.

 Whether or not any Councillor feels that they can take part in a meeting is of course a personal decision. That must be a balance of their own conscience and the advice they receive and will no doubt bear in mind the potential personal and reputational consequences of subsequent scrutiny.

We must comment that to participate in a vote knowing that one is conflicted and to do so purely to see an Application proceed would be an act very much in bad faith. We are very surprised to see such advice emanating from a Monitoring Officer whose role is to uphold (or indeed to improve) Standards. We feel sure that no Councillor would choose to take that approach, particularly given the likely personal consequences of such an act.

We would hope that Councillors will also take into account what the public would feel is the “right” thing to do. For all the differing legal opinions and nuances of the Localism Act, the public has responded to us very clearly that they do not feel the MHDC governance in this case is what should be expected. There is a clear opportunity to show the public that MHDC does take ethical conduct seriously.

We would therefore ask each Councillor taking part in Thursday’s meeting to answer, and make public their answers, to the following questions: 

1. Were you selected by David Hughes to be at the meeting or was your selection ratified by David Hughes?

2. Do you hold any position within the Council, that is paid and which David Hughes had any influence in allocating?

3. Have you got any financial or business link whatsoever, through yourself or your family, to Greenlight Developments Ltd or any other business in which its owners have an interest?

4. Do you, or any close associates or close relatives, own any land on which you have any intention of seeking planning permission for multiple housing development?

5. Will you be voting on the Clay Green Farm planning application either on the grounds of political party loyalty or instruction from anybody else? 

If the answer is yes to any of these, then you should not be taking part in this meeting. We are telling the press that we are asking these questions of you.

We had hoped that one of us could speak to the meeting in the Public Participation slot to express our concerns about conflicts of interest. We were refused permission by the Monitoring Officer which we feel flies in the face of the expressed desire for more public participation in democracy and given the public interest in this matter.
We have taken the decision to attach a copy of our Counsel's Opinion for you given the seriousness of this matter.


Yours sincerely
Ian Smith and David Flanagan

Co Chairs of Alfrick and Lulsley Residents’ Group Ltd

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