From the blog of John Loudon, East Devon Alliance councillor for Sidmouth Rural.
“The Sidford Business Park, Chief Executive, Council Leader & Private Eye
The planning applications to build the Business Park in Sidford have received a great deal of local attention and significant opposition, and I was pleased to be able to recently give evidence at the Inquiry in opposition to the proposed development. I believe that it is the wrong thing in the wrong place. Unfortunately, the Planning Inspector who adjudicated at the Inquiry disagreed and has now given the go ahead for the Business Park.
We are where we are because there have been two planning applications submitted by Tim and Mike Ford, in the name of OG Holdings Retirement Benefits Scheme, to build this Business Park. The first of these applications was submitted in 2016 and rejected by East Devon District Council. The second was then submitted in 2018 and was again rejected by the District Council.
In listening to the evidence at the Inquiry I, and many others, were taken aback to learn a claim arising from the evidence given by a key witness for the Fords, their agent Joseph Marchant, which was repeated by their QC and which wasn’t challenged by the Council.
The claim was set out at paragraph 6.0.1 in Mr Marchant’s written evidence “Subsequent to the refusal of the 2016 application, an approach was made to Members (Councillors) including Councillor Hughes and the CEO (Chief Executive) of EDDC, Mark Williams”.
This is continued in paragraph 6.0.2 of Mr Marchant’s written evidence “We were advised by Mark Williams…. that in his opinion, the applicant (the Fords) may make more advance in progress towards delivery through appealing (the Council’s decision to refuse the 2016 planning application) rather than resubmission”.
This claim was also clearly set out in paragraphs 13 and 14 of the Fords’ QC’s final closing arguments at the Inquiry “After the 2016 application was refused, there was a meeting with Councillor Hughes and the CEO of the Council”. “The CEO advised that the way to progress was to appeal. That is an extraordinary state of affairs”.
In my opinion all of this raised serious questions, not for the first time, about the links between the District Council and developers. It could be construed that the Chief Executive’s actions and advice undermined the authority and responsibilities of not only the Council’s planning officers, but also that of the elected Members, particularly those with responsibility for oversight and decision making on planning applications.
I therefore took this matter up with the Leader of the Council and in doing so I asked him a number of questions about how this meeting, involving the District Council’s Chief Executive and the developers, came about, what was discussed at it and who was present. After a bit of toing and froing I received answers to some of my questions, and as a result I believe that this is what happened –
After the 2016 planning application to build the Business Park was turned down by the District Council Tim Ford contacted the Chief Executive’s PA on Thursday 3 November 2016 seeking a meeting with the Chief Executive. This request appears to have been acted up very quickly as the meeting took place on Tuesday 8 November at 8.30 am in the Chief Executive’s office.
Present at the meeting were the Chief Executive, Mark Williams, Paul Diviani, the then Conservative Leader of the District Council, Councillor Stuart Hughes plus the developers Tim and Mike Ford and their agent Joseph Marchant, the one and the same person who’s witness statement led to this meeting being made public. The reason for the meeting is recorded as “To discuss the Sidford Business Park”.
The District Council is unable to confirm how long this meeting took. In addition, the District Council appears to have no formal, or informal, record of what was discussed or any decisions that were reached.
I find this situation concerning. It is amazing that within 4 working days of requesting a meeting that a developer can hold a meeting involving the Chief Executive and Leader of the Council, the two most senior people within the Council, to discuss a planning application that their Council had refused. I wonder how many members of the public can get that sort of high-level access so quickly?
I am concerned that at this meeting there was no planning officer, legal adviser nor the Council’s Monitoring Officer present. Surely, any discussion about a matter relating to a planning application should have the input of a planning officer. Wouldn’t the Council be best protected by having a legal adviser present? Surely, the Monitoring Officer, who is responsible for the probity of the Council, ought to be in attendance?
There was no record of the meeting’s discussions made on behalf of the Council. I cannot understand why this was so. Surely, it’s important that a record of such a meeting is made and then shared with the planning officers? Surely, a record of the meeting should have been placed with all the other related documents in the planning application file? It’s almost as if no one wanted the meeting to have been known about by anyone else, or otherwise why not keep a record of its discussions?
My role as a campaigner against the Business Park and as a District Councillor pursing this matter has been challenged by the District Council. The Business Park is within my Ward. Local residents within my Ward and within a neighbouring Ward at Sidford have expressed concern at the proposed Business Park and the involvement of the Chief Executive in this matter. It is therefore only right and proper that I have pursued this on their behalf.
Afterall, the Local Government Association’s Guidance for new Councillors 2019/20, which the District Council provided to me upon taking office in May, states at page 7, in the section headed “The Councillor’s role” that –
“A councillor’s primary role is to represent their ward or division and the people who live in it. Councillors provide a bridge between the community and the council. As well as being an advocate for your local residents and signposting them to the right people at the council, you will need to keep them informed about the issues that affect them”.
It goes on to explain that –
“As a local councillor, your residents will expect you to: … know your patch and be aware of any problems … represent their views at council meetings … lead local campaigns on their behalf”.
This guidance was reinforced to Councillors through the training that it provided in May 2019.
I don’t feel comfortable with some aspects of how the District Council has handled this planning application. I don’t feel comfortable about –
how quickly a developer was able to gain swift access to the most senior people in the Council.
that other key Officers weren’t present at the meeting.
that no record of the meeting was made by the Council.
I know for sure that many local residents remain uncomfortable too. As does Private Eye which has picked up on this story on 20 September.”