By Carmelo Garcia – Local Democracy Reporter
“Shameful” changes to planning rules which will come into force on Halloween have been blasted by civic chiefs amid fears the Government is acting like “Big Brother”.
The power councillors currently have, allowing them to refer controversial developments to be decided by committees, is being eroded.
The Government’s aim with the new national scheme of delegation is to provide greater clarity, consistency and certainty regarding the respective roles of planning committees and officers in deciding applications.
Under the new arrangements, planning committees are intended to focus on locally significant plans while more routine, technical and otherwise non-contentious proposals are determined under delegated powers by council officers.
Tewkesbury Borough Council voted this week, with much dissatisfaction, to approve the changes to their constitution which will bring them in line with national planning regulations.
During the debate, several councillors likened the Government to Big Brother, the figurehead of totalitarian superstate Oceania in George Orwell’s dystopian novel Nineteen Eighty-Four, because of the changes they believe are being imposed on them.
Deputy leader Sarah Hands (LD, Innsworth), who presented the proposals, explained the legal changes are needed to ensure the council is compliant with new planning regulations.
She said the “small number” of “important” amendments are to ensure the council’s constitution aligns with the new national scheme of delegation which comes into force on October 31.
“I need to really emphasise that these changes are not optional,” she said.
She said failure to align could mean a decision challenged by judicial review, the court could quash decisions and the council could incur significant legal costs, also bringing reputational damage to the council as a result.
Councillor Robert Vines (C, Badgeworth), who has been on the planning committee since he was first elected 1999, railed against what he sees as a Government diktat.
“When I joined, there were lots of applications which came before us,” he said.
“It was an enjoyable experience to listen to the different views and different members and from the officers, parish councils and all manner of people.
“Gradually, all that has been stripped away. And so we’ve got to the position today that Big Brother says you’ve got no option, you’ve got to go with it.”
He said he would have abstained on the vote.
“The question is do I want to drink the cyanide or do you want to drink the strychnine? Well I don’t want any of that poison at all.
“But I think on reflection, because we have no option, Big Brother has told us what to do, we’ve got to say, yes you’re absolutely right and I shall be voting for it.”
Councillor Ian Yates (LD, Churchdown St John) said the council had to vote for the proposal but it was “uncomfortable” for councillors as the “democratic input is being eroded”.
“We have no choice if we want to remain legal,” he said.
Councillor David Gray (C, Winchcombe) said it was clear where councillors’ hearts are on the issue and said the changes the Government is “pushing onto them” are “shameful”.
“We are giving away, vouching and approving a further erosion of the democratic basis of local planning,” he said.
“We’ve been told we’ve got no choice because the law says that planning should not be democratic.
“This is essentially what we are hearing from our masters in Whitehall, which is deeply concerning, very undemocratic.”
Councillor Matt Dimond-Brown (G, Tewkesbury South) said there was “a bit of me that wants to rebel” and abstain on the proposals.
“There’s a bit of me that doesn’t want to roll over and have his tummy tickled because Big Brother has said that”, he said.
“There is a bit of me that wants to rebel because this is wrong.
“I am a diligent member of the planning committee, I work very hard on that committee, I follow all the rules on that committee, I will continue to follow all the rules on the planning committee.
“What is being done to us is wrong. Our residents out there know it’s wrong.”
Independent Councillor Mike Sztymiak (Tewkesbury North and Twyning) said he had “absolutely no enthusiasm whatsoever” for the proposals.
“It’s almost apt, it seems, that on October 31 we should symbolise the death knell of, I think, local democracy.”
He went on to say he saw it as a right and that the public expects their local councillor, given good planning grounds, could refer applications to be decided by a committee.
Cllr Sztymiak said the new system will reduce the power of the local councillor.
“In the eyes of the public, there will be consternation about the way this new process will work and there will be concerns about openness and transparency,” he said.
The council voted to approve the constitutional changes and agreed for its leadership to write to the Government expressing its dissatisfaction.
Under the new setup, minor planning applications such as those involving plans for up to nine homes on sites smaller than 1.23 acres, small commercial developments and certificates of lawfulness will be considered only by officers.
While large outline proposals for developments of 500 or more homes or more than 538,195 square feet of floorspace as well as listed building and advertisement and works to protected trees may be considered by an officer or the planning committee.
A panel which includes a nominated officer and councillor will decide whether an application is referred to the committee or not.