Former Planning Chair “Not Prepared To Be Fall Guy”

FORMER Planning Chair, cllr Stuart St-Clair-Haslam has written a searing defence of his role in the light of the damning Collison Report. The 3,000 word statement may be in lawyerly legalese but it is a stout defence by a man who, it is clear, is not prepared to be the fall guy for all matters concerning planning.

The fascinating parts of his statement are:

1. The lack of focus in the report on the officers.

2. The relationship between ICG Ltd and the Thurrock Conservatives.

3. The lack of leadership from cllr Garry Hague.

4. His defence of decisions to build on Green Belt land.

Cllr Haslam statement reads:

“I note the recent report by Mr Chris Collison and whilst I welcome some of his analysis and recommendations contained within his six month old report, nevertheless, the report seems to me to be very one-sided and unduly focused upon the Member dynamic of the planning function at Thurrock Council with what appears to be minimal focus upon the dynamic of the officer cadre in the overall process of the planning function.

However, I believe that is entirely due to the terms of reference within which this professional expert was instructed to compile his report.

It further appears to me that the report was commissioned in order to assist certain officers and certain complicit members in their attempt to justify certain constitutional changes, to possibly, as it seems to me, stymie, frustrate and effectively emasculate the democratic function of the Planning Committee.

Moreover, it further appears to me to have been predicated on a desire on the part of certain officers and complicit members to wrest and place absolute control concerning all aspects of the planning function firmly and squarely in the hands of officers.

This seems likely to me, to be to the detriment of local democracy, as expressed through the organ of the regulatory committee of Planning and the exercise by its Members, from time to time, of democratically accountable discretion and planning judgement whilst determining and making decisions on the merits or demerits’ of each individual application brought before the Planning Committee. I remain at a loss to fathom the motives behind what appears to me to be such moves to erode and undermine the democratic function of the Planning Committee.

The one sided nature as it seems to me, of Mr Collison’s report, which I hasten to add is only his opinion, is further evidenced by what appears to me to be an almost total lack of, with a few exceptions, any focus whatsoever on the issue of the effectiveness of the dynamic of Officer input and assistance to the Planning Committee.

I note that the report appears to suggest “that in the absence of adequate explanation of decisions, inevitably raises questions about the motives of Councillors”.

Nevertheless whenever Members in exercising their planning judgement and discretion have chosen for whatever reason upon having seen, heard and weighed all the available evidence and representations made (which for me personally has always been predicated by a desire to act in all good faith and conscience) decide to go against the Officer recommendation, then such has to be respected as the will of the democratically elected Members, who for my part, I believe have all acted in good faith and conscience. I fail to see any basis upon which the motives of all nine Members of the Planning Committee can be brought into question particularly as it is comprised a of cross-party membership.

Surely Mr Collison cannot, as appears to be the case, be suggesting that in certain decisions where the Members of the Planning Committee have chosen to go against the Officer recommendation that they or at least a majority of what we must always remember is a cross-party membership are all acting in accordance with an unstated alternative agenda? The cross party nature of this regulatory committee inevitably lends itself to decisions being made with cross-party support and justification or the lack of it and at all times in my view, in the absence of any unstated alternative agenda.

I further note that Mr Collison comments about “the fact that the Local Development Framework Working Group was adopting proposals without adequate stated justification thereby leaving the process failing a test of transparency and open to all manner of speculation as to the basis of those proposals”.

I trust and hope that Mr Collison is not referring amongst other things in this regard to the significant association (as referred to by the Monitoring Officer in her statement of advice read out to all Members at the Full Council meeting on the 27th January 2010 by the Deputy Monitoring Officer) between ICG Ltd and Thurrock Conservative Association and as a corollary the ruling Conservative administration at that time, of which I was at that time still a member.

It was for that reason and the inherent need for all public servants to be above any suggestion of possibly favouring certain interests with whom they are clearly associated that I chose to declare a personal and prejudicial interest in relation to any development concerning ICG Ltd, either proposed and/or provided for in the emerging pre-consultative LDF Core Strategy.

Moreover coupled with the fact that I became aware of the fact that donations had been made by ICG Ltd in support of Thurrock Conservative Association and thereby necessarily in turn in support of the former ruling Conservative administration and more lately the existence of an office maintained by the Thurrock Conservative Association on ICG Ltd owned land at the Titan Works pit and that the decision making process could be viewed by a member of the public as being influenced by such association, that I felt compelled to make a public declaration of a personal and prejudicial interest at the Full Council meeting on the 27th January 2010 and during the working group stage of the LDF. Such was notwithstanding the public legal advice of the Monitoring Officer at that meeting of Full Council that Members of the Conservative Group did not have to declare a personal and prejudicial interest in any matter concerning the Core-Strategy vis-a-vis the pre-eminent industrial concern known as ICG Ltd, by virtue of the association between Thurrock Conservative Association and ICG Ltd.

Indeed I was the only member of the Conservative Group at that evening meeting of the Full Council of the 27th January 2010 that declared a personal and prejudicial interest and exempted myself from the Council Chamber, when with the exception of a handful of other Members expressing dissension in relation to certain developments provided for in the emerging core-strategy, Members in the majority voted to support the pre-consultative LDF Core-Strategy that was only finalised that evening.

Moreover, whilst I further seem to recall the advice of the Monitoring Officer to Full Council, expressing a view that because the core-strategy is not meant to be site-specific and that therefore any known association between any grouping of Members of Council and any third party is unlikely to require the need to make a declaration, I fundamentally disagreed with such advice because in relation to certain strategic developmental proposals as proposed in the emerging LDF Core-Strategy it was all too obvious, in my opinion, in certain instances, who would or may benefit even at the core-strategy stage from such proposed allocation e.g. the proposed house building allocation in the Titan Pit area of Grays which is owned by ICG Ltd.

I formed the view that such by itself placed me under an obligation to make a prejudicial declaration of interest in order to preserve the integrity of the decision making process in relation to the emerging pre-consultative LDF Core-Strategy that was before the Council that evening to be approved.

Consequently I maintained the belief that had crystallised as necessary in my mind even at the working group stage of the LDF, of a need to continue to make a prejudicial declaration of interest concerning such strategic development proposals and to absent myself completely from the decision making process so as to avoid any perceived influence in the mind of an independent right minded thinking member of the public upon any decision to be made by Full Council that night concerning the emerging pre-consultative LDF Core-Strategy.

I frequently had occasion to express my deep concern as to how any association between Thurrock Conservative Association and ICG Ltd, could have been allowed to develop in circumstances where such a pre-eminent and well respected industrialist such as ICG Ltd, who have to the benefit of Thurrock for many years helped drive the local economy and been a source of much local employment for the residents of Thurrock, and are more than likely as one of the successful commercial concerns of Thurrock going to wish to expand their operations and develop further to the mutual advantage of everyone in Thurrock.

Accordingly this commercial concern and any connection and/or interests with the former ruling Conservative administration were always going to be engaged as a consequence. Such vista in itself should at all times have militated against any involvement between the Political Association of the ruling group at Thurrock Council and this most respected of industrialists in Thurrock.

Indeed I expressed deep concern amongst others, as to how such an association, which had as a result of the direct actions of someone within the Thurrock Conservative Association, been allowed to develop, and how that might be perceived in the minds of right minded members of the public as affecting the decision making process of the emerging LDF Core-Strategy, on occasions to the former Leader of Thurrock Council, the Portfolio Holder for Planning and Re-generation and a past and current Member of the management team of Thurrock Conservative Association, Councillor Garry Hague.

As regards the recommendation of Mr Collison “that Councillors adopt practices that leave them above suspicion of receiving inappropriate influence” I welcome and embrace this recommendation. However, I have always as an elected Member consistently shied of courting any involvement with developers in Thurrock and consistently and in all instances and whenever approached by third party developers, made it my practice to immediately refer them to the appropriate Officer in either the Developmental or Strategic Planning Department.

Notwithstanding such there appears to be an almost pathological tendency on the part of Officers to suppress the availability of relevant information emanating from applicants and their agents, when such information in my view can only assist the Members of the Planning Committee in their deliberations in reaching a fully informed decision, in an open, transparent and fair manner. I believe that provided Councillors declare the receipt of such information and at all times continue to adopt an open-mind in reaching a decision with proper and impartial assistance and input of Officers that the determination of individual planning applications brought before the committee can only be assisted by the existence of such extraneous information.

I would state that I believe all councillors on the Planning Committee including myself have in the time I have been involved as a Member of the Planning Committee, consistently declared the receipt of such information and further declared that notwithstanding such they have continued to adopt an open mind in reaching their decision. The new constitutional rules, in this respect at least, represent a sensible reform of the rules in this regard.

I further note that Mr Collison appears to criticise my style as the former Chairman of the Planning Committee and appears to seek, wrongly in my view, to suggest that such was not always conducive to a good working relationship between me and Officers etc. Such is his opinion and I am entitled to mine.

Furthermore I am confident in the belief that throughout my tenure as the Chairman of the Planning Committee that I always strived to run meetings with nothing but fairness, dignity and respect for not only fellow members of the committee but also officers and members of the public. Indeed I was often criticised by not only officers and Members but also members of the public for affording too much latitude to everyone involved in the Planning Committee process. I am further confident that such would have been borne out by a majority of the aforementioned had Mr Collison simply, as appears not to be the case, chosen to speak to everyone involved as opposed to what appears to be just certain Officers, some of whom it may be said, sought to usurp my role as the Chairman of the Planning Committee, responsible for the proper functioning of the committee whilst in session.

As regards the reported perceived dysfunctionality of the Planning Committee at Thurrock Council again Mr Collison is entitled to his view but I wholly disagree that there has ever existed any dysfunctionality in the working of the Planning Committee at Thurrock Council. The Council is required by law to properly constitute a fully mandated Planning Committee and in accordance with such statutory requirement such a committee has existed and functioned perfectly well both in recent times and for many years past at Thurrock Council and that it continues to do so. Moreover during my time as the Chairman I have always sought to foster and improve relations between the Planning Committee at Thurrock Council and the Planning functions and role of the TTGDC.

I note that Mr Collison states that in light of the existence of the TTGDC no need exists for any large planning application to have to come before the Planning Committee at Thurrock Council.

However, given the terms of the Planning Functions Order of 2005 there still exists a number of sizeable applications for development e.g., measuring less than a hectare’s area of land or housing developments comprising no more than 50 units that still would fall to be determined by the Council’s own Planning Committee and that should in my mind given the potential impact on third parties be automatically called in before the Planning Committee.

Such will enable such significant developments to be fully seen, heard and debated by the committee to ensure a full and democratically determined decision is reached. Unfortunately I note the recent constitutional reforms made no provision for such large and significant development applications to be automatically called before the Planning Committee for determination so as to ensure they are determined in a fully democratic and accountable manner in the interests of local residents and the business community in Thurrock.

I would further state for the record that point that I made clear to Mr Collison when we met, but which he omitted to report, that throughout my tenure as the Chairman of the Planning Committee I always sought to improve and enhance the profile of the Planning Committee by calling in certain applications, when previously as Chairman able to do so, in order to ensure that a good cross-section of planning applications were brought before the Planning Committee to be fully debated and determined in an open, transparent and democratically fair and accountable manner as possible. Such was done in order to highlight the complementary but at all times subordinate role of the Planning Committee at Thurrock Council to that at the TTGDC.

Moreover I was also motivated to do this in the interests of avoiding a repeat of previous episodes of controversial applications. Moreover it also appears to have been unreported that throughout my tenure as the Chairman I made it clear to all elected Members that I would without reservation be prepared, provided material considerations existed to warrant such, to call-in any planning application that was a cause for concern amongst any of their residents.

In relation to the reported divergence of views regarding a proper approach to Green-Belt issues, I note what appears to be an absence of any comment of the significant applications for development in the green-belt which have been approved recently by the TTGDC. For example the employment development at Ponds Farm and the sanctioning of a development of 340 new homes on the Aveley By-Pass, both of which have been approved on Green-belt land. Yet it appears that Mr Collison in his report goes on to criticise a majority of the Committee Members for having approved two developments in the Green-Belt at the meeting of the 7th January 2010.

I for my part on that evening supported the Mardyke Farm application on the basis of the development enabling significant inward investment into the Borough and the creation of some 50 new jobs for predominantly the residents of Thurrock.

I remain unashamed of the belief that I was elected by residents of Thurrock to represent them and where right and able to do so make a difference to their lives. Accordingly that night and on a judgement of the information provided in support of the application, felt justified to support to support this application on the basis of the existence of the very special circumstances in the form of significant job creation at this time of economic crisis and high unemployment.

I did not however on a full hearing of the application concerning the other application that night at Manor House Farm, feel able to support anything other than the Officer recommendation of refusal.

I note that a great deal in certain quarters was made regarding the possibility of challenges in the High Court. Whilst Chairman I always sought to have regard to all sources of objections and where present in relation to any development weigh them as relevant considerations in determining an application.

However, in relation to both applications, which I led the committee in erring on the side of caution in rescinding at the subsequent meeting on the 28th January 2010, no such objections were ever raised by other residents or other significant interested groups in the period running up to the 7th January 2010 or indeed as I believe since.

In conclusion, whilst Chairman, at all times I sought to run the Planning Committee in an open, transparent, fair and judicious manner and emphasise the importance of the enabling function of planning to any area of significant change and development. Thurrock is a key area for development and change and throughout my involvement in planning at Thurrock Council I have always sought to foster and promote such primary role and function of planning.

It is always important in my view that all involved in planning at a Local Authority never lose sight of the fact that significant development in any area particularly that which encourages inward investment and job creation which can only be beneficial to the residents and local economy of an area, is to be supported and encouraged, provided such development is in the interests of an area and broadly accords with planning policy and is adjudged to be sustainable and sound. I have always sought to exercise my planning judgement as a decision maker on the Planning Committee with all good faith and conscience and most importantly with the best interests of the residents and business community of Thurrock uppermost in my mind and as a primary and paramount consideration.

Finally I note the recent comments of the Leader of the Opposition at Thurrock Council, councillor Garry Hague, and would comment in response that it was as a consequence of what I believe to be the complete lack of support and backing from him as the former Leader and Portfolio Holder for Planning and Regeneration, to me as the former Chairman of the Planning Committee, that I chose to resign the Tory Whip and declare independence as a concerned Conservative Councillor.

I felt compelled to do soon the basis that I had for some time begun to lose confidence in his style of leadership in all respects.

I sought until the very end and final hours before making the decision to resign the Conservative Whip to reconcile my loss of confidence and sought to continue to find reason to support his Leadership but arrived at the inescapable conclusion, with which for so long I had wrestled, that alas, I could no longer support his continued leadership of the Conservative Group.

I note he recently stated that the Collison report was commissioned against the backdrop of the improvement programme at Thurrock Council and in order to assist in the improvement of Member-Officer relationship.

However, it appears to me that quite apart from ameliorating such relations that it appears to have merely served to exacerbate such relationship and perpetuate the “them and us” mentality that has in certain areas pervaded the relationship between Members and Officers in recent times.

I also note he seeks to suggest that the points raised in Mr Collison’s report were being addressed at the time I made my decision to resign the Conservative Whip. However, at no time over the last six and more months, with the exception of a meeting to discuss the proposed and adopted constitutional reforms appertaining to the planning function which arose out of recommendations in Mr Collison’s report, did we ever engage in anything but brief discussion of the Collison report.

Indeed little or no mention as I recall was made at my last meeting with councillor Garry Hague. At all times having been appointed to the role of Chairman originally by Cllr Terry Hipsey when he was Leader of this Council but also it should not be forgotten Cllr Hague, I have sought to do the job which was assigned to me. I have always strived to perform and execute the job of Chairman of Planning with all due diligence, faith and conscience.

I note that there have been calls in certain quarters for an investigation of all aspects of the whole developmental and strategic planning function at Thurrock Council. Whilst preferring not to involve the residents of Thurrock Council incurring further cost and expense, I would nevertheless, welcome any further internal and external investigation considered necessary given that I can state quite categorically and emphatically that I have nothing whatsoever about which to reproach myself.

Thank you, to anyone who has taken the time to read my statement.