----Original Message-----
To: Spencer, Colin
Cc: phil.skill@stroud.gov.uk; david.hagg@stroud.gov.uk
Subject: RE: case S.05/1043/OUT, Frogend Farm, Coombe, Wotton-Under-Edge
Dear Colin,
Thank you for your email.
My complaint was not that the Chairman was a friend of the applicant or that
he should have declared an interest and not participated in the debate or
voting process. My complaint was that, in basing his decision on the
interests of farmers he did not comply with the Stroud District Council?s
?Local Code of Conduct for Councillors and Officers dealing with Planning
Matters', which states, in Para.1.3, that 'the overriding principle is that
Councillors appointed to the Development Control Committee should not favour
any individuals or groups and must represent their constituents as a body
and vote in the interests of the District as a whole.' My complaint was that
the Chairman favoured farmers, as a group, simply on the grounds that he
felt sorry for them because they have had a hard time over the last few
years, which is not a planning issue. I made this clear in my complaint and
am surprised by your response, which relates to matters I did not raise and
does not address the instruction to members in para.1.3.
I am also suprised that you now say I should have made the complaint within
3 months. This was not mentioned by you or the Chief Executive on receipt of
my complaint and I am surprised that you undertook an investigation of what
you are now suggesting was an invalid complaint. Could you please provide me
with the information on which this is based.
I am not satisfied that the Council acted properly in this matter. I hope
you will reconsider your position now I have brought your misunderstanding
to your attention and ensure a deferal of tomorrow's consideration. Can you
also please provide me with information about taking my complaint further.
Yours sincerely,
-----Original Message-----
From: Spencer, Colin [mailto:Colin.Spencer@stroud.gov.uk]
Sent: 07 August 2006 17:31
To: ---
Cc: Skill, Phil; Hagg, David
Subject: RE: case S.05/1043/OUT, Frogend Farm, Coombe, Wotton-Under-Edge
Dear Gill,
Thank you for your e-mail. I have now completed my investigation into this
matter.
Outline planning permission for this development was given in September
2005. This in turn followed a site visit and recommendations by the planning
officers in a very full report.
I attended the committeee meeting last September and recall the Chairman
both voting ( a casting vote) and speaking. I has since spoken to the
Chairman who has confirmed to me that although he vaguely knows the
applicant , he is not a friend of his and sees no reason to debar his
participation in the debate or in the voting process. As the Council's
Monitoring Officer I am satisfied that Councillor Littleton acted perfectly
properly and within the Mandatory Member Code of Conduct. The mere fact, for
instance, that both the applicant and the Committee Chairman are farmers
does not prevent the Councillor participating and voting.
I am satisfied that the outline permission is legally sound; in any event
any challenge to it should have been brought within a maximum period of 3
months. Such period has long expired.
The application tomorrow is for the approval of reserved matters following
the outline consent. I see no legal reason or reason relating to member
propriety why this should not be considered.
I appreciate that this response will disappoint you but nevertheless I am
satisfied that the Council and the Committee concerned acted quite
properly.
Yours sincerely,
Colin Spencer.
Head of Legal Services & Monitoring Officer.