Tuesday 31 January 2017

PLANNING INQUIRY - IT'S ALL A MATTER OF WORDING

In considering alternative career choices that I might have taken advantage of, I have often thought that I would like to have been a spy, or a lawyer.

In a number of the roles and responsibilities I have held, which have been wide and varied, I have been required to gather and retain information, often of a confidential nature, and requiring a high degree of sensitivity. I have also been in the position of questioning others when considering the evidence, or lack of it, that can have a significant impact on the future lives of those I represent. This can pose something of a dilemma, particularly where a personal judgement may be required in weighing up the pros and cons of a situation

If rumours are to be believed, over the years I have gained a reputation for challenging those in authority, but in what I hope is seen as a constructive way, to gain an acceptable outcome for all concerned.   

The context in which much of my activity has been carried out has largely revolved around healthcare, education, and in my capacity as District Councillor, planning.

This month, the whole issue has really been brought home to me as I attended several sessions relating to the Shudrick Lane planning inquiry, held at South Somerset District Council offices in Yeovil. Although I represent Ilminster as a County Councillor, planning is, usually, a District issue, but given the wider implications of the outcome of this decision for local residents, I was keen to observe the proceedings.  

On the first day of the enquiry, apart from the 30 odd members of the public, and what seemed like enough paperwork to fill a small van, I counted around 20 ‘officials’, legal bods and experts who were to play an active part in the inquiry.

With top barristers earning in excess of £100k p.a., and taking an average of £30k for the rest of those present, I calculated that the 8-day inquiry alone would cost a minimum of £150k. This does not even begin to scratch the surface when one considers the months and months of background work and expert advice, independent reports and surveys sought. The proposed 220 homes must be worth at least £40 million. Clearly, obtaining planning permission is big business.

What I have found fascinating though, was not so much the opportunity to listen to both sides putting across their arguments for and against, but the extent to which canny lawyers, when cross examining those presenting their case, were able to pick through the bones, literally word by word, looking for cracks and flaws in the evidence. Language is a wonderful thing and has always held a fascination for me.

Much attention has been paid to whether or not the public benefits resulting from such a development will ‘significantly and demonstrably’ outweigh the importance attached to any harm that might be caused. This is of course a matter of interpretation, which is where the independent expertise and investigative skills of the inspector come in.  

For me this has been an interesting experience, and a sobering one. At the time of writing there is no clear indication of what the outcome of the inquiry will be but of one thing we can be sure, the inspector’s decision will be eagerly awaited by all concerned.

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