Planning Manager Misdirects Committee on Hanwell case
I was appalled to witness the new LBE Planning Manager attending Wednesday night's Planning Committee TWICE misdirect the Members of the Committee on how they may or may not vote on an application.Item 03 on the Agenda (my copy had no index!) was for a contentious proposed development in Hanwell at Nos.1 - 7 Clock Tower Mews in the Conservation Area. A previous similar planning application was refused in April 2014 by a differently-constituted committee prior to the May Election.The previous application having been refused for reasons of design and appearance, roof profile, etc - it was not refused on grounds of overdevelopment.Ms Carolyn Brown spoke on behalf of objectors and also Elthorne Ward Councillor, Cllr. Yoel Gordon (a former Member of the Planning Committee) spoke against the development very forcibly and described the presentation of the developers' agent as "disgraceful" and worse!Then, the Planning Manager (who I had never seen before) introduced the item and straight away MISDIRECTED the Planning Committee by telling them that they could not decide the case on any other matter giving a new reason for refusal as the Committee would be fettered by the previous decision for a similar proposal where the grounds for refusal had been on design and appearance, etc.This is wrong in law and there is a landmark case (Chisnell) from 2005 where the High Court ruled that a Planning Committee is NOT bound by previous decisions and may decide an application on a different ground to that previously refused on, so long as they gave a reason for their decision.In this instance, several Members said that they were regretful that they were bound by this restriction (as they thought) and one Councillor said that it was an overdevelopment.The Legal Officer did not interject to correct what the Planning Manager had said, nor did the Assistant Chief Planning Officer, who was also present.The Committee duly passed the Application in the belief that they were prevented from making a finding of "overdevelopment".Later on during the same Committee Meeting when introducing another case, the Planning Manager did it again! This time, I could not sit there in silence and I interjected myself saying "Totally Incorrect". I was told to keep quiet by the Chairman.NB. This is the second time that I had to interject - at a previous Committee on 14th August 2013, the then deputy Chairman (Cllr. Chris Summers) made a similar mistake, BUT before voting, both the Legal Officer and another Councillor Edward Rennie acknowledged that I was right (having interjected from the public gallery) that the Committee is NOT fettered by past decisions and may look at any Application with fresh eyes. Naturally, the Committee will bear in mind previous decisions which are a material consideration to be taken into account but they are not necessarily a deciding factor or a veto on a different Committee considering a similar application afresh coming to a different conclusion.On Wednesday, after my interjection on the second instance of misdirecting the Committee, finally the LBE Legal Officer spoke up effectively to confirm that what I had indicated was correct. I would just add that whilst the first case was being discussed (during which the Legal Officer did not correct the Planning Manager), I hastily scribbled a note and passed it to one of the Committee Members (as I was seated downstairs to hear another case) to say that the "Chisnell" case Judge had ruled that a Planning Committee are NEVER fettered in reaching a decision and departing from a previous decision, so long as they give a reason for doing so.I think that my message was passed round to a few Councillors, but alas, none questioned the Legal Officer or the Planning Manager on this. Later, during the Meeting, they all heard that I was right! V.Mishiku (The Covenant Movement) 28/11/14.
Victor Mishiku ● 4312d24 Comments ● 4139d