Forum Topic

You say that David, but there's a significant proportion of local authority officers who, at some point after working in the public sector for some time, go and work for developers or planning consultancies acting on behalf of developers.I've both worked alongside and had dealings with many enforcement officers in my time.  I won't disagree that some fit your description.  But the majority don't.  I've employed people in enforcement roles who don't have planning backgrounds who turned out to be excellent.  It does also take a certain type of person to excel in planning enforcement, nothing to do with qualifications or abilities but in terms of personal attributes - I often compare it to how most goalkeepers in football are abit 'mad'.In blunt terms enforcement officers are going to take alot of s**t from people and it is a dangerous job, no-one ever really appreciates what you do, and yet the salaries are usually poorer than a planning officer who is only dealing with planning applications.  So unfortunately fewer and fewer young graduates are keen to take enforcement jobs, or do so and then move sideways into a planning officer role within 12-18 months.What I will say is that in my experience, whilst I left uni after a 3 year planning degree and an additional 1 year postgraduate diploma in town planning, during those 4 years at uni the only module where we really focused upon the fundamentals of planning legislation was, ironically enough, planning enforcement.  Certainly whilst I left uni with a degree and a postgraduate diploma in planning, I didn't have an in-depth knowledge of planning legislation.For me, just as in my personal life, it's always been a case of taking every opportunity that came my way with abit of luck/risk taking thrown in.  And whilst I can't ever imagine returning to the public sector, I'll always credit the 10 years I spent as a local government officer specialising in enforcement as providing the foundations upon which I have subsequently built a career in the private sector, both for major housebuilders and multinational consultancies, and for several years now my own consultancy.

Adam Beamish ● 1202d

Reg, I did touch upon this in an earlier post (although it is a general summary of relevant planning legislation, not specifically about this specific issue) when I wrote :1) To breach planning control isn't a criminal offence/illegal.  Anyone can do so and then has the right, in law, to either apply retrospectively or to remedy that breach.  Other than in scenarios where significant and immediate harm is taking place, local authorities should give a perpetrator an opportunity to apply retrospectively or remedy the breach before considering taking formal enforcement action.  Any retrospective application must be determined in the same way as a proposed application.2) In all cases the authority has to assess the expediency of taking formal enforcement action, and such action should only be taken as a last resort (except in those cases where serious/immediate harm is resulting from the breach).  Only if such action is taken and the perpetrator doesn't comply is a criminal offence being committed.Typically, and for many years, the percentage of investigations where formal enforcement action is taken against the total number of investigations is around 10%.    Simply because such action should only be taken as a last resort.As for serving a stop notice (which is the only way to stop unauthorised works), such action is only taken where the harm being caused is immediate and irreversible, in 10 years of working at LPA's I can count on 1 hand the number of times the authorities I worked for issued a stop notice or an injunction.  A stop notice also carries the considerable risk that if such a notice is served and planning permission then granted for the development, the Council is liable to pay compensation to the developer.Not saying that is right or fair, but that's what the legislation says and has said for over 30 years now.

Adam Beamish ● 1202d

Adam, What I cannot understand is why you immediately jump to the assumption that I am laying everything at the door of planning officers?I am not. Because I also referred to the debacle as a whole. And there are plenty of  recorded episodes where something somewhere has been either illegal or improper.The problem is there are parallels with these occurrences.  Nowhere have I implicated any individual, department or office. Nor did I criticise planning law or procedures. I usually look out for your explanation on those.But as a citizen who with others, has to end up living with all this, I remain unhappy about the way in which all this has been handled and you know as well as I, that planners are just a small cog in the whole process.But something is not right.  From poor architecture & build quality, to approvals of retrospective changes that may not have been initially approved, and even to officers recommendations being ignored or refused.So whilst you are clearly and respectfully very sensitive about your profession, I did not, and quite deliberately, did not specify. The gut feeling is something is not right somewhere, and I'm at a loss from the years of this as to what is going on?Anyone is well within their right to express a concern and how it looks to them and the great unwashed.  Naming names or direct accusation is different.As I said all along,  I just don't know and it's not just about one aspect.Why is it so difficult for it all to be explained properly in a way that anyone can understand or be satisfied with?That's why I would like to see a holistic enquiry on the whole thing. I also used the word circumvented. Far worse is said locally, with far more detail and venom and ranges from plausible to outrageous.  Just the truth in a clear and open timeline.What is wrong with that?

Raymond Havelock ● 1206d

Well whilst I'm not a solicitor if either LBH or Ballymore took Raymond to court for defamation then I'm pretty sure Raymond wouldn't have a leg to stand on, and it wouldn't be a defence to say "ok in this case I was just making it up but there are other cases where such allegations have been proved correct" because it is entirely irrelevant.Anyway what I will concede is that it was his prerogative to post what he did, and in the same way if there are consequences then he'll have to face them too.It still bemuses me why, after all the years I've posted on here, people still don't grasp 2 simple but fundamental points of planning law, namely :1) To breach planning control isn't a criminal offence/illegal.  Anyone can do so and then has the right, in law, to either apply retrospectively or to remedy that breach.  Other than in scenarios where significant and immediate harm is taking place, local authorities should give a perpetrator an opportunity to apply retrospectively or remedy the breach before considering taking formal enforcement action.  Any retrospective application must be determined in the same way as a proposed application.2) In all cases the authority has to assess the expediency of taking formal enforcement action, and such action should only be taken as a last resort (except in those cases where serious/immediate harm is resulting from the breach).  Only if such action is taken and the perpetrator doesn't comply is a criminal offence being committed.

Adam Beamish ● 1206d

I'm not denying it happens Raymond, I know from experience that it does.  But that doesn't give anyone the right to cry foul whenever it suits them.Have you read the 20 page Officer report to the 7th January committee ?.  What more explanation do you want ? - other than it is a basic principle of planning law that a retrospective application must be treated in precisely the same way as a proposed application.And in the interests of full disclosure, the author of that report has worked at Hounslow for 20 years so is known to me in both a professional and personal capacity.  However, I haven't had any dealings or communication with him, in either a professional or personal capacity, for several years.I made the point on an earlier post that we want the same thing, I want the bad apples rooting out, and I want Councils to properly investigate such allegations, but by the same token I also want the 99.9% good apples to feel that they can go about their jobs without random people, without any evidence, accusing them of being corrupt and not being challenged.You talk about integrity but it works both ways.  If you publicly allege corruption (and writing "more backhanders, no doubt" is as clear-cut an allegation of corruption as they come) without any evidence then what does that say about your own integrity ?.Irrespective of the subject, be it planning, sport or politics, I don't understand how anyone, and you're clearly an intelligent individual, can be so stupid or reckless to post on a public forum "more backhanders, no doubt" only to then acknowledge that they have no evidence to support those words.

Adam Beamish ● 1207d

I agree Jim, perception is an important element of transparency and in that regard I've never been entirely comfortable with MIPIM and such like.  At the same time, in my time I've been employed by one of Ballymore's main rivals, acted as lead consultant for another, and now regularly act on behalf of the one of the world's largest fast food companies, and never once have I or my clients been involved in any kind of 'dodgy' deals or such like with Councils.There's no doubt that it does go on, at different levels, there was the 'mysterious' departure of a Council employee at Hounslow shortly before I joined, and I was directly involved in the shenanigans involving a couple of Members of the Heston and Cranford Area Committee overriding a considerable number of enforcement recommendations made by myself and my team, which led to an Ombudsman investigation and subsequently that Committee being stripped of its enforcement decision making powers for a year.But I still take offence at how people like Raymond can openly post such direct allegations on public forums and get away with it because of the apparent reluctance of local authorities to take action.  And people like Nicholas say "fair play Raymond", well, take a step back and think how you'd feel if someone publicly you of being corrupt when you were just doing your job.In my experience the public are just as bad at inventing things to suit their own arguments.  I had the scenario whereby a member of the public resented me doing my job so made a potentially career ending allegation that I'd said to them that we had a major problem with Asians in the Borough - fortunately I had witnesses who confirmed I'd said outbuildings.Alot of what I read from the public on these forums is based on an understandable lack of knowledge of both planning regulations and also how those regulations, along with planning policies and material planning considerations, need to be applied.  But understandable ignorance shouldn't be allowed to transcend into direct allegations of corruption, because then the line has been crossed.Clients come to me and I'll say "from a planning policy perspective I'm confident of getting an Officer recommendation for approval, but I know this area well and I suspect the application will attract lots of objections so it'll go to planning committee and I suspect Members will play to the public gallery so we'll have to go to appeal".That's how it works, I'd be a fool if I didn't realise that sometimes the weight of public opposition to a project will over-influence Members, and, whilst it shouldn't really happen because the level of opposition isn't a material planning consideration, of course in reality it does.  But I don't then start posting on forums and social media about how the decision is 'dodgy'.Clearly Raymond hasn't got a shred of evidence to support his "more backhanders, no doubt" allegation.  But it is a direct allegation, not merely an indirect suggestion of some kind of underhand conduct, and thus it should be properly pursued.After all, if Raymond has the evidence to back up his allegation and it results in a corrupt planner being brought to book, then that's good for the reputation of the planning profession and the public also feel that the  Council takes such matters seriously.  Silence/a lack of investigation tacitly infers (not necessarily correctly) there's a degree of truth in the allegation.It's like the Oystons at Blackpool FC, whatever fans thought of them there was a line that shouldn't be crossed, and as soon as any fans crossed that line and alleged corruption and such like the Oystons didn't hesitate to instruct solicitors.  In every case the fans issued grovelling public apologies acknowledging that they had no evidence to support what they'd written, and as part of the settlement agreed to make modest donations to local charities rather than paying compensation to the Oystons.I'm all for similar actions in cases like these, and as I say that's for the benefit of everyone, I want the public, when they have genuine evidence of corruption, to feel that they can speak out and that proper investigations will take place, but I also want planners to feel that their employers, regardless of what sector they operate in, will robustly defend their integrity when necessary.Similarly, I don't like how some of the news articles on these forums about planning are increasingly factually inaccurate and seemingly being written in a 'sensationalist' way to appeal to their readers.  We've recently had the entirely erroneous suggestion on the front page of CW4 about how LBH had issued an enforcement notice and then decided to close an investigation, and as you point out the front page article on here includes the erroneous headline that suggests the car park is "illegal", which it isn't.So when you've got headlines and articles like that, it's hardly surprising that some posters aren't engaging their brains and thinking very carefully about what they write before posting on the forum.

Adam Beamish ● 1208d

Well said, Adam! Your defence of your profession is laudable. However I'm afraid that the courts would be very busy indeed if legal action were to be taken against all those who insinuate malpractice in the planning system. On the other hand, a robust defence of its officers by every local authority should go without saying.Over the years, there have been remarkably few cases of officers having betrayed their professional code and being convicted for acting illegally. I have a vague memory of such a case from LB Enfield about 15 years ago.I was lucky enough to spend nearly 40 years working in local authority planning departments but that fat brown envelope just never arrived. However I have to own up to having received occasional Christmas gifts, such as calendars, but those were always immediately impounded by my employer. On occasions I found, to my horror, that I had inadvertently liberated biros bearing the names of developers. I was always very jealous of colleagues in highways departments who received enough bottles of Christmas whisky to keep them going for the entire year.The car park in Dock Road is an egregious development and has resulted in profound reputational harm to both Ballymore and the local planning authority. However, words matter. The thing was piled up without the benefit of planning permission but this constituted a “planning breach" and would have become “illegal" only if an enforcement notice had been served and not complied with. With the exceptions of some advertisement displays and work to listed buildings, the carrying out of development without the necessary planning permission is not, in itself, illegal.The planning decision to be made by Hounslow Planning Committee on 7 January is a procedural matter designed to regularise parking provision within the Ballymore site as a whole. Whatever the decision is, it won't have any impact on the built form of the car park.In the final analysis, town planning is concerned with the distribution of resources and it is therefore, by its very nature, a political process. It's no surprise that the worst examples of malpractice have been perpetrated by politicians at every level. Those of a certain age may remember the case of T. Dan Smith and John Poulson in Newcastle. More recently, eyebrows have been raised by the relationship between Robert Jenrick, Richard Desmond, and a site on the Isle of Dogs.I'm not aware of any evidence whatsoever that Hounslow councillors have indulged in malpractice but the key to enlisting public confidence lies in the assiduous pursuit of the “Nolan Principles", which are the basis of the ethical standards expected of the holders of public office. For example, there's not necessarily anything wrong with nurturing relationships with developers at meetings such as MPIM but the community has the right to know much more about what is said (and possibly agreed) at such meetings. Issues of “commercial sensitivity" can be easily circumvented. For those who have a real interest in this topic, this report is worth a read:https://www.transparency.org.uk/publications/permission-accomplished

Jim Storrar ● 1208d

Guy, can I ask a genuine question ?.Most of 'your' planning officers at Hounslow are presumably, like me, members of the Royal Town Planning Institute.  To be a member isn't free, requires us to go through an assessment of professional competence before becoming a full member, and we are required to undertake continuous professional development throughout our career by way of attending courses and so forth, maintain and update a professional development plan and so forth.By being a member of the RTPI we are bound by a professional code of conduct which includes a requirement to conduct ourselves with honesty and integrity.  Needless to say if a planner in the public sector accepted a backhander, or a planner acting for a developer offered a backhander to the local authority, that planner would be in breach of the RTPI code of conduct, would be stripped of their membership, and that would seriously impact on their career.So why, when members of the public use forums like these and social media to directly allege that one of your planners has taken a backhander, does the local authority do nothing to defend that planner ?.In my case, if a member of the public alleges that of me, and it has happened, I immediately instruct solicitors to act.  Why ? - because I won't tolerate someone jeopardising the career I've built up over 20 years.Don't you think your Officers should be properly defended ?.  Yet I never see it happen, I've seen emails from members of the public sent to Councils, with me copied in as the agent for the developer, alleging that my client is in cahoots with the Council and that the application is a "done deal", and whereas I've robustly responded I've found that the Council have simply ignored the email.It's something I genuinely don't understand.  If Councils ignore such public allegations, it only gives the impression that there's some truth in that allegation.I would genuinely love, solely for the benefit of my profession, for either Ballymore or Hounslow to instigate legal proceedings against Raymond.  And that's not out of any ill-feeling towards someone I've never met, and for all I know what he infers might be true, but surely it is the duty of the Council to its employees to properly defend them, i.e. by appointing solicitors to contact Raymond directly regarding the allegations he has made on a public forum ?.

Adam Beamish ● 1208d