BDC Planning Committee 11.01.22
Planning Committee 11th January 2022 – Responses by Councillor Graham Butland, Leader of Braintree District Council, to General Statements and Questions.
Question of Mr Alan MacKenzie
I have a general question about policy and procedure, although it does arise from the letter received from the Ministry of Justice in 2016 and the Council’s reply to it.
‘In respect of Planning Policy and its due process, is there a policy laid down regarding a response to a Government Department’s request for information about potential sites for a huge development?
If there is not, does the Planning Committee consider that such a response should first come before the Planning Committee for due and proper consideration of the environmental, traffic, heritage, fauna and floral effects before any perfunctory response is made?
In either case does the Planning Committee consider the response, made by a Corporate Director to the Ministry of Justice Estate Directorate letter in 2016 was proportionate, professional, fully informative, not misleading and reflected the view of the Council and the Planning Committee?’
Response:
The 2016 letter from Braintree District Council to the Ministry of Justice (MoJ) was the Council’s Officer response to a Government Department further to their request for information from us as a Local Authority; a request that was also sent to various other Authorities. It was not a request for detailed information on landscape character, biodiversity, or any other issue and no follow up or even acknowledgement from the MOJ was ever received. Indeed just a month later, the site was announced as one of a number of Ministry of Defence sites which were being released for housing development.
In line with the rules on probity in planning, Planning Committee Members cannot and should not make any decisions on the suitability of any development proposals before the full details come forward to a Planning Committee for decision. To do otherwise would be considered pre-determination, which could form the basis of a legal challenge to any final decisions made. It is therefore not appropriate for the Planning Committee to comment, or indeed have any view, on any potential developments before they are brought before the Committee.
Question of Mrs Beverley Ault
‘The Council has a Statement of Community Involvement, so can you tell me why Finchingfield Parish Council was the only Parish Council contacted by Braintree District Council in relation to the MoJ’s Scoping Opinion Letter and no others which are directly affected by the huge scale of the Wethersfield prisons’ proposal?’
Response:
Scoping Opinions are technical exercises completed by experienced and trained Planning Officers. Local Planning Authorities are not required to consult Parish Councils regarding requests for Environmental Impact Assessment Screening or Scoping Opinions. Our usual practice is however to notify the Parish Council in whose Parish the proposed development is to be located, so that they are aware that the Council has received the request. We would not usually notify adjoining Parish Councils as well. I can however confirm that a number of letters have been received by the Council and any representations that are received before the Council formally issues its Scoping Report, and which are relevant and applicable, will be taken into account. If a planning application is received for the proposed development then we would notify adjoining Parish Councils of the application as a matter of course.
Question of Mr Nick Chapman
‘At present the Defence Infrastructure organisation seems only to want to deal with internal Government Departments in respect of proposals for the Wethersfield Airbase. Has Braintree District Council been asked if it wishes to use all or any part of RAF Wethersfield. Has Braintree District Council considered, or will it consider, the purchase of any buildings to use in support of the community notably the school, social centre and gym, which are on the airfield and any other such buildings which could be used for a Doctors’ Surgery, nursery school, dentist and so on. Will the Planning Committee ask the Defence Infrastructure Organisation why it will not engage with the community and others on the prospective use of the other 170 hectares not subject to the Ministry of Justice’s proposals?’
Response:
I can confirm that to my knowledge the Council has never been approached or asked in any way if it seeks to use or otherwise buy any part of the Wethersfield Airbase land by the Ministry of Defence.
The Council would in exceptional circumstances consider the purchase of a community facility or land if there was a proven local need and a detailed business case illustrating the long term viability of any facility to ensure it was not an unacceptable drain on Council Tax payers’ money. However, any such decision would need to be taken through proper due process, including a decision made by the Full Council of Braintree District Council.
However, in common with most community buildings in the District, the Council would likely expect local Parish Councils, community groups, or trusts to operate and manage community facilities or land.
Neither the Planning Committee nor any other part of the Council has any power or influence over the Defence Infrastructure Organisation (DIO) or other landowners to engage in discussions about the future sale or use of their site. However, Officers are happy to pass on the community’s request to the DIO.
