Council removes entire planning committee amid judicial review fears

A district council has stood down its entire planning committee and set aside decisions made in relation to two proposed supermarket developments amid fears of potential judicial review proceedings.

The move by Fenland District Council came after the local authority obtained advice from a specialist barrister on its legal position and possible financial liability.

In August, the council's planning committee had approved an application by a developer on behalf of Sainsbury's for a supermarket in Whittlesey and rejected one put in on behalf of its rival Tesco. However, at a meeting the following month, the Tesco application was approved.

In a statement Cllr Alan Melton, Fenland’s Leader, said: “The recent decision to grant planning permission to two stores in Whittlesey has caused a public and media outcry. There is a perception that officers' advice has been completely ignored and the council has granted three unsustainable decisions.”

According to Cllr Melton, the barrister suggested that the decisions reached were unsound and would not stand up to challenge in the High Court.

The barrister also said that member behaviour had raised a number of issues and that the reasons for the planning committee decisions were not substantial planning reasons with which to overturn officer advice.

Fenland was subsequently advised to take measures to mitigate the decisions.

Cllr Melton said: “Step one is to set aside the decisions and run the planning committee again, this will ensure a fair and transparent hearing of all three applications.

“However, there are a number of steps I need to take to demonstrate that member behaviour has improved. There are also a number of complaints against members, some formal, which will have to be investigated.”

Fenland’s Leader said the following steps would be taken:

  • One councillor would leave the council's cabinet and planning committee as complaints against her are to be investigated.
  • Another councillor had been asked to resign from the planning committee.
  • All cabinet members would be removed from the planning committee with immediate effect.
  • All members of the planning committee would be interviewed and would have to undertake training as prescribed by the Local Government Association and Planning Advisory Service.
  • The chairman of the planning committee would undergo specialist training as prescribed by the LGA.
  • All newly nominated planning committee members would be subject to training.

Cllr Melton said: “It is hoped that by taking these steps, our case against possible judicial review will be strengthened and our risk to costs will be reduced or mitigated.”

He added: “I wish to make it clear: This document does not in any way give any direction towards any further recommendations or decisions. But it will ensure that whatever the result of the subsequent planning committee deliberations and decisions, they will be sustainable and beyond reproach.”

In due course, a new planning committee – including potentially some of the exiting committee – will be appointed.

The council said in an earlier statement last week that fresh reports on the various applications would be prepared, with the planning committee expected to meet in January 2013.