Guest post by Gaynor Lloyd
I
read Martin's report of what he described as the shambles at Planning Committee
when the Mumbai Junction application was decided. LINK It was concerning to see that not only did officers
give no assistance to Committee members in articulating their reasons for the
vote against when they were in such evident difficulties but acted to press for
change to deferral. An appeal to the Planning Inspectorate can give residents
an opportunity to be heard.
However,
what I wanted to respond to was Martin's report of the Chair's comment on the
normality of the Planning Committee’s pre-application meeting with Fruition
Properties, the developer of Mumbai Junction.
I was the author of the complaint and made both requests for the recusal
of Committee members. I do have in-depth knowledge of the background here.
For
me, everything started when, in preparing my objection, I spotted a one-liner
in the developer's application pack: Pre-application presentation to the
Planning Committee. (I also noted a meeting with Cllrs Butt & Tatler). I was completely taken aback and followed up
with a Freedom of Information Request (FOIR) about these meetings. The response
provided the agenda, and pre-briefing for the Planning Committee and draft
Feedback notes. I also received notes of the Cllr Butt & Tatler meeting
with 4 representatives of the developer.
Before making my FOIR, I had looked at
the Council's protocols, and could see no constitutional basis on which such
pre-app meeting with the Planning Committee could take place. I also looked at
National guidance - again I could find no basis. (The Council deny this; I
await the Council's evidence to the contrary as part of my Stage 2 complaint)
It
is true that the Council added numerous provisions to its Planning Code and
Protocol, re pre-application processes in November 2022, several months after the meeting with the
Planning Committee - but adding those evidences there were none at the time. It is also true that the Council added
them after a scheduled review of its planning processes. This was conducted by a Local Government Association Independent
Reviewer but it seems that the Independent Reviewer could not have been aware
that the Planning Committee could take pre-app presentations, as he/she pointed
out that no protocols were in existence
for the engagement of any Councillor
in the pre-app process, and that it would avoid confusion if, for example,
ward councillors knew how they should behave when approached by residents. To
be helpful, the Independent Inspector gave the Council some examples of good
pre-app practice in 2 other Councils; neither
of those Councils invite developers in for a cosy pre-chat with the
Planning Committee who will hear their application.
Did
the Council devise its protocols to cover its then existing practice?
Was that
existing process, right?
Is it
accountable?
How often was it used?
Who knew about it?
In a world where even a
Government Department is now for "Levelling Up", what should we think
of a private and confidential meeting
that planning officers can just offer at a price to categories of developer - a
meeting with the very Committee to which their planning application will be presented - when an
ordinary resident with a planning objection -whose very life may be affected by
the development nearby - cannot even
speak to a single member of the
self-same Committee without being batted away with suggestions of the
impropriety of an attempt to influence, and a direction (if they must) to give details in writing to all
Committee members.
But,
in this case, it looks worse. I have
been told by an officer that developers of "larger" projects are invited by officers to request a pre-app
meeting with the Planning Committee. There is a £2000 extra fee for that
private and confidential presentation to the Planning Committee. The
availability of this service is not on the website - nor details of the fee nor
the criteria officers apply. This is not in accordance with national guidance. How
many such applications have been prefaced by a pre-meeting with planning
committee is an interesting question: I have got a FOIR in on that - but it
does link with Cllr Kelcher’s reported reaction to Cllr Lorber's challenge at
Committee on this very topic.
Martin
in his report says, " Cllr Kelcher
reacted angrily saying that that the pre-application meeting was part of the
normal process." Yes, well...it would certainly appear that it was indeed
part of usual practice at the time -
look at the emails trail below - which arrived as part of the
Council's FOIR response to outline how
the meeting with the Committee came about. I have asked for the redactions of
names to be replaced by descriptions of postholder/members.
The
top email of 26 May 17:16 (in very prompt response to the request from the
developer's adviser below) refers to a meeting the next day between redacted names
and the Chair & Vice Chair of the Planning Committee. (There was no actual planning Committee meeting in
May 2022) Apparently, "they” will "bring up pre-app presentations to
committee." "Presentations"
plural - clearly "business as usual". Maybe it was but it
was not a process constitutionally authorised by Brent Council in May/June/July
2022. Nor (I maintain) in accordance with national guidance.
I was
told that the reason for the silence
on the website re the availability of the Planning Committee to developers of
"larger" projects is because this is offered by officers and not
available on request.
Yet,
look at the earlier email in the screenshot
- 26 May at 14:52 from the
Planning Director, Stantec UK, Fruition’s consultants. What is to be made of these sentences in their
email to Team Leader North Area:" I
have just had a call with my client, who informs me he has had a call with
[name redacted] .... but [name
redacted] has advised that we make a
formal request to you that we present the scheme to the planning committee. Thus,
this email is that request. Can you look to set this up as soon as
possible?"
Who was the call with the developer with? Clearly not the
Team Leader. If the Head of Planning, surely, he could have organised it
himself. Whatever, it seems that a developer can tell a Council planning
officer to set up a meeting with the Planning Committee.
Incidentally,
am I the only one who thinks the tone of the email to the Council's Area Team Leader
very telling?
And, talking of tone... what exactly is an ordinary
resident supposed to do? Ms Lester, the senior officer charged with dealing with
my complaint, had the solution off pat: "If a person sufficiently affected by the planning decision believes that
the decision is legally flawed, the correct process to follow is to challenge
it via a judicial review." Ah, that's
alright then- if I just had the cash, and the professional advisers...Puts me
in mind of the adage. One rule for one....
Brent Letter of Support
To whom it may concern
Re: Community Ownership Fund Application. The Barn & Paddocks, Fryent Country Park, Salmon Street, NW9 8YA.
I write on behalf of the Dove Watson-Yorke in support of her proposal to the Communities and Local Government for a grant to fund the transformation of the Barn and Paddocks, a building and enclosed fenced fields that are in need of significant repair to create a modern shelter for horses and livestock. This proposal assists the Council's objective of improving access to fields and open spaces by young people in the local area.
The Barn is a unique one of a kind horse shelter facility in Brent and was previously occupied by another tenant that left the building and paddocks in a poor state of repair. Dove Watson-Yorke took over the Barn and the paddocks as her horses had been sheltered at the location with the consent of the previous tenant. The Council is seeking to enter into a Farm Tenancy Agreement with Dove Watson-Yorke for a 25 year term, subject to detailed heads of terms and the Barn and Paddocks repairs being carried out under an agreement to lease.
The Barn and Paddocks are in need of works and the Council has not been able to bring the property back into a reasonable state of repair due to the level of capital investment required. Repairs include those to the timber structure, replacement of asbestos roof, timber cladding to the outer walls, the addition of modern toilet and and kitchen facities updated services and subsantial field fence repairs. The improved conditions would allow a long term agreement to be entered into and would strongly aligned to the objectives of the Borough Plan. The Brent Borough Plan is charged with a renewed focus and actions to tackle cross-cutting issues such as health inequalities. The Council therefore considered Dove Watson-Yorke to be best placed to bring the Barn and Paddocks into good use and deliver outcomes for local young people. As part of evaluation we have considered Dove Watson-Yorks to have a business model and a plan for meeting these objectives.
We believe that Dove Watson-Yorke, will be able to gain access to and secure other sources of additional investment, and thus secure the future of the asset in the longer term for community benefit. Without intervention, the building will continue to deteriorate and may eventually be lost for community use. The Council recognises that the letting has the potential to achieve a range of key objectives from promoting civic renewal, community cohesion, active citizenship and improving local public services to tackling poverty and promoting economic regeneration. If the proposed letting does not proceed, the Council may need to consider other options, such as demolition of the structure.
Dove Watson-Yorke would be better placed than the Council to manage this asset in the local community, with her local knowledge, and hands-on management likely to lower overheads and achieve better and more intensive and sustainable use from the asset than might be the case under traditional models of service delivery. The letting would also support the delivery of service outcomes which would otherwise be unnaffordable by the Council. There is a lack of high quality assets available for community use in Brent. The proposed letting is therefore a rare opportunity to make use of a potentially high quality asset for community benefit.
The works to be carried out at the Barn and Paddocks, as a condition of the agreement to lease, will include Dove Watson Yorke funding and returning the Barn and Paddocks to a safe, compliant and lettable state of repair.
The proposal meets the general objectives of providing targeted investment to strengthen capacity and capability in communities to support them to shape their place and develop sustainable community businesses. We strongly support this application and the focus on increasing the use of open spaces for local young people.
I look forward to working with you in improving opportunities for young people in our communities and achieving health equity.
Yours sincerely,
Head of Property
London Borough of Brent