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....
