Eric Pickles decides NOT to intervene in Kensal Rise Library case

Eric Pickles MP, Secretary of State for Communities and Local Government, has  decided NOT to intervene in the case of the Kensal Rise Library Planning application.  The Brent  Planning Committee decision had been the subject of a call-in request by a member of the public. LINK

The National Planning Casework Unit said:

The Secretary of State has carefully considered this case against call-in policy, as set out in the Written Ministerial Statement by Nick Boles on 26 October 2012. The policy makes it clear that the power to call in a case will only be used very selectively. The Government is committed to give more power to councils and communities to make their own decisions on planning issues, and believes planning decisions should be made at the local level wherever possible.

In deciding whether to call in this application, the Secretary of State has considered his policy on calling in planning applications. This policy gives examples of issues which may lead him to conclude, in his opinion that the application should be called in. The Secretary of State has decided, having regard to this policy, not to call in this application. He is content that it should be determined by the local planning authority.

In considering whether to exercise the discretion to call in this application, the secretary of State has not considered the matter of whether this application is EPA Development for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011.  The local planning authority responsible for determining this application remains the relevant authority responsible for considering whether these Regulations apply to this proposed development and, if so, for ensuring that the requirements of the Regulations are complied with.

In relation to the comments that it is considered the local planning authority of Brent has incorrectly and arbitrarily applied the regulations of the Localism Act 2011 to this proposal and its progression, the Government is concerned that all local authorities should administer the planning system with utmost propriety, However, authorities are independent of central government and are responsible for their actions and decisions to the local electorate, their Auditor and, ultimately, the courts. Ministers have no statutory duty or powers to supervise the general propriety of individual authorities and, therefore, I cannot  comment on London Borough of Brent Council's handling of this matter.

The letter went on to suggest contacting the Council's Monitoring or Complaints officer stating:

It is his or her duty to report to the full council any cases where he or she thinks that the council, one of its committees, sub-committees  or officers is about to or has done something unlawful, improper, or which would constitute maladministration.

They also suggested an approach to the Local Government Ombudsman if this is within 6 months of the original complaint being lodged with the local authority, although they often have more than one stage in their complaints procedure.