Council leader Alan Melton shows the door to Jan French and Martin Curtis

MELTON: I hope my actions today will strengthen our case and reduce risk of costly action against Fenland Council

By Councillor Alan Melton, Leader, Fenland District Council
Thursday, October 11, 2012
9:11 PM

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 un-sustainable decisions.

Following intense discussions between myself, the deputy leader and John Clark (Portfolio Holder for Finance), we agreed that the Chief Executive seek advice from a specialist barrister (Head of Chambers), to advise the council of our legal position and possible financial liability.

The advice was that the decisions reached were un-sound and would not stand up to challenge in the high court, increasing the risk of huge financial penalties being levied against Fenland District Council.

The issue of member involvement and behaviour was also raised, before, during and after the relevant planning committee meetings.

The barrister informed us that member behaviour 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.

Subsequently, we were advised to take measures to mitigate the decisions.

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.

I am therefore taking the following steps:

Councillor Jan French will be leaving the cabinet and planning committee as substantial complaints against her are to be investigated.

Councillor Martin Curtis has been asked to resign from planning committee.

All cabinet members will be removed from the planning committee with immediate effect.

All members of the planning committee will be interviewed and will have to

undertake training as prescribed by the Local Government Association and Planning Advisory Service.

The Chairman of the planning committee will undergo specialist training as prescribed by the LGA.

All newly nominated planning committee members will be subject to training.

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.

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.

Latest News See all

6 comments

The rejection of the town centre application followed by the approval for Station Road was very mysterious. It was council policy to encourage supermarkets into town centres, and rightly so. Who would have benefitted from the development the Station Road site? Not Tesco, it seems.

Report this comment

Lewie

Saturday, October 13, 2012
I am no TESCO fan I don't want a store in Whittlesey full stop but the facts are the facts I agree the town folk of Whittlesey should have been informed about the content of the second planning meeting but this is all down to Cllr Curtis having historic issues with the Sears family he has taken it upon himself to give the Whittlesey folk the idea that they have a choice in food store but this is misguided information & Cllr curtis knows better then to lead people on in this way this planning is about 'Planning' highways & road capacity & much more it is about legal aspects of planning why do you think we have FDC officers recommendations? This is not about where the public want to buy their milk, Cllr curtis used us to vent is revenge on Harrier Developments & it has left us all in a bad mess it is the right decision he has been sacked.

Report this comment

FenlandTrev

Friday, October 12, 2012
Say that Mrs French were to get planning permission when so many others have failed - why not hold a new meeting, say that "All of the decisions made in the previous planning meeting are now null and void" and agree that all other previous applications are now allowed!! What do you mean that would be contrary to all planning (and basic Council laws)? Like that ever mattered to FDC.... Especially as it doesn't directly affect the good people of March!!

Report this comment

IanF

Friday, October 12, 2012
I agree. Too many councillors are purely in their positions to protect their own interests it seems. I wonder if Mrs French gets planning permission granted on converting her business units into homes in Westry when previous similar applications in the vicinity have been turned down due to the location?

Report this comment

mypointofview

Friday, October 12, 2012
I agree. Too many councillors are purely in their positions to protect their own interests it seems. I wonder if Mrs French gets planning permission granted on converting her business units into homes in Westry when previous similar applications in the vicinity have been turned down due to the location?

Report this comment

mypointofview

Friday, October 12, 2012
Am I really seeing that FDC is emitting common sense. I never thought I would see the day. The best decision of all is that Mrs French has been given the boot. She is a greedy councillor in it for nobody but herself. I hope March Town Council follow suit and drop her as Mayor! A win for the people of Whittlesey - albeit a minor one. About time FDC did something for the people of this district

Report this comment

Chris Flattley

Friday, October 12, 2012

More news

Click here to read more of our digital publications