Article 22(1)(a) of The Town and Country Planning (GDP) Order 1995, as amended
On 7th August 2006, Mr Webb contacted the Development Control Manager for North East Lincolnshire Council, Phil Wallis and requested information with regards to a planning application in North East Lincolnshire, numbered DC/1007/00/WOL, which was approved in March 2001 adjacent to Mr Webb's home.
The letter specifically refers to Article 22(1)(a) of The Town and Country Planning (General Development Procedure) Order 1995, as amended by The Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2000.
The 2000 Order amends Articles 22 and 23 of the Town and Country Planning (General Development Procedure) Order 1995 (the 1995 Order). Article 22 of the 1995 Order relates to the written notice to be given by the local planning authority when a decision or determination relating to a planning application is made. A notice must state the full reasons for a refusal or conditional grant. This Order amends that article by requiring the local planning authority, in addition, to specify details of all policies and proposals in the development plan relevant to the decision.
Unfortunately, planning application DC/1007/00/WOL does not contain any reasons as required by Article 22(1)(a) of The Town and Country Planning (General Development Procedure) Order 1995, as amended.
In response to Mr Webb's letter, Phil Wallis claimed in his letter, dated 23rd August 2006 (Appendix 1), that Mr Webb's letter was "unclear" as he did not "understand" what Mr Webb was requesting from the local planning authority.
Irrelevant to the request for information, Phil Wallis also discussed a further amendment to Article 22(1)(a) of The Town and Country Planning (General Development Procedure) Order 1995, which transpired in 2003. It is explicitly clear in Mr Webb's letter that the planning permission referred to was granted in March 2001 and moreover, the amendment to Article 22(1)(a) came into force on 1st August 2000.
Phil Wallis also asserted that if he "misunderstood" the request then Mr Webb should contact him again. Mr Webb clearly indicated in his initial letter what he required of the local planning authority. Phil Wallis, as Development Control Manager, is qualified in planning law and procedure. Furthermore, he has the additional facility of seeking legal advice from the Council's legal department on such issues. Yet he chose not to look up this particular amendment and did not consult with the Council's legal department.
It must also be noted that Phil Wallis is fully aware of the investigating officer's conclusions into Mr Webb's complaints in 2004. The investigating officer quite clearly stated:
"I would expect that where a fundamental point was being questioned so clearly, that it would trigger in any Planning Officer the need to check the matter either themselves or by taking further advice."
Conversely, Phil Wallis burdened Mr Webb with a further request for the same information. An additional letter, dated 26th August 2006 was sent to Phil Wallis, again explicitly stating what Mr Webb required from the local planning authority.
In his reply, dated 1st September 2006 (Appendix 2), Phil Wallis claimed that having taken legal advice, he could not expand any further on his letter dated 23rd August 2006. Mr Webb presumes that Phil Wallis acquired this "advice" from Rob Walsh, Director of Law and Democratic Services at North East Lincolnshire Council.
Incredibly, Phil Wallis also states there is no requirement to give reasons for granting approval of planning application DC/1007/00/WOL. Mr Webb also presumes that Phil Wallis received this advice from Rob Walsh.
Further within his letter, Phil Wallis attempts to affront and ridicule Mr Webb. Clearly, Mr Webb refers to a Statutory Instrument, which came into force on 1st August 2000 and not 2003. Any reasonable person can observe that legislation which came into force in 2003 cannot be exercised prior to this date. Therefore, his comments in this respect are uncalled for and unjustified, if not vindictive.
Furthermore, it is quite apparent within the Planning Register that there are no background documents supporting the approval of planning application DC/1007/00//WOL. Unbelievably, Phil Wallis also states that it would be "speculation" now to justify any policies within the Development Plan.
However, it must be pointed out to North East Lincolnshire Council's Development Control Manager, Phil Wallis and the Director of Law and Democratic Services, Rob Walsh, that North East Lincolnshire Council is required by Article 22 of the Town and Country Planning (General Development Procedure) Order 1995, as amended by The Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2000 (SI 2000 No. 1627), to specify the policies and proposals contained within the Development Plan that were considered of relevance to its decision of planning application DC/1007/00/WOL.
Unmistakably, both Phil Wallis and Rob Walsh have demonstrated their complicity in this matter and undeniably caused significant injustice, arising from maladministration, to Mr Webb. Both officers have:
- failed to comply with obligations required by law;
- failed to give reasons under the law;
- failed to observe legal requirements;
- failed to observe constitutional requirements;
- omitted or ignored important facts from reports or deliberations;
- taken into account irrelevant considerations; and
- failed to properly investigate.
In addition, it is unambiguous that North East Lincolnshire Council has corrupted approved planning decisions since 1st August 2000 to the detriment of those citizens who are entitled to or who may benefit from the provisions of Article 22(1)(a) of The Town and Country Planning (General Development Procedure) Order 1995, as amended by The Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2000.
Phil Wallis is now employed at North Lincolnshire Council as their Head Of Development Management.
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