Letter: Planning Decisions Are Always Constrained by Planning Law

Published on: 21 Aug, 2019
Updated on: 21 Aug, 2019

Marsha Moseley, chair of the GBC Planning Committee warning the public gallery at Wednesday’s controversial meeting.

From Liz Hogger

Lib Dem borough councillor for Effingham

In response to: The Dragon Says: Who Cares What the Residents Think?

It is understandable when residents are upset by planning decisions which go against local residents’ wishes. Unfortunately, planning decisions have always been constrained by planning law.

The Planning Committee cannot ignore the fact that the Planning Inspectorate can overturn refusals at appeal, and moreover award costs to the developer if the council’s reasons for refusal are not based on planning law.

It is unfair of residents to blame lack of democracy in planning on the GBC Planning Committee. In my 20 years’ experience, the Committee does its very best to inject democracy into planning decisions, but we are constrained by the quasi-judicial nature of the planning process. Sometimes we are able to find strong planning reasons to support residents’ objections to a development, but sometimes, unfortunately, we have to recognise that refusal would not stand up at appeal, even though residents are strongly against.

I was away for the Planning Committee meeting [Wednesday, August 14] when the Send application was considered, but I have watched the webcast. I sympathise very much both with the lady who complained and with the committee members who had to make the very difficult decision that they didn’t have strong enough reasons to refuse.

Whether we like it or not, and many of us don’t, the Planning Committee is now constrained to abide by the site allocations in the Local Plan which was adopted in haste by the previous Conservative council administration. The alternative is potentially very significant costs awarded against us by the totally undemocratic Planning Inspectorate, which would have to be paid by the council tax-payers.

The Dragon is right to direct attention to the government. To improve democracy in planning, we need to change national government policy. That applies even more in the case of the law regarding Local Plans and housing requirements. It suits this Conservative government very well to shift the blame to local councils, when in fact it’s government policy that needs to change if planning is to be more democratic.

Share This Post