Alliance Group member, Cllr Michael Lilley, who represents Ryde Appley and Elmfield, says he believes that there was a “concerted effort” to stop him talking and properly representing his residents at last night’s planning committee. The council’s monitoring officer says he was following external legal advice.
The controversial West Acre Park application for 473 homes on Westridge Farm was debated and approved, but as ward councillor, Cllr Lilley was refused permission by the Isle of Wight council’s monitoring officer, Chris Potter, to attend or speak virtually at the meeting on behalf of his constituents.
“Acknowledged predetermination”
In an email to Cllr Lilley that News OnTheWight has seen, Mr Potter claims that Cllr Lilley could not speak at the meeting (either in person or remotely) due to his “acknowledged predetermination”.
Following the meeting, Cllr Lilley told News OnTheWight,
“I am devastated by the outcome of the meeting and for the farming family who now face the loss of their home and livelihood. This is a great injustice and I will be working with local residents to take this decision to judicial review.
“I believe that preventing a democratically elected councillor from being at the meeting was a violation of democracy and human rights. The decision to approve this application is totally wrong.”
He added,
“I stood down as chair of the Isle of Wight council planning committee and my place on the committee so I could speak against the West Acre Park application as the ward councillor for Ryde Appley and Elmfield.”
Lilley: “I believe there has been a concerted effort to stop me talking”
It is accepted practice that a ward councillor can attend and voice objections on behalf of their residents. They are given five minutes to speak to the application.
However, Cllr Lilley says he was contacted by the IWC monitoring officer on Tuesday lunchtime with news that “external legal advice” meant he could not attend the meeting, or speak on behalf of his residents.
Cllr Lilley told News OnTheWight,
“I was unable to get independent advice and being told I would jeopardise any future appeal I had no choice to abide by the Monitoring officers decision.
“I believe there has been a concerted effort to stop me talking and properly representing my residents.”
Legal argument from the council
Mr Potter argued that Cllr Lilley could not be physically present at the meeting, as he had already stood down as chairman of the committee “due to his opposition”. As vice-chairman, Cllr Geoff Brodie chaired last night’s committee.
Mr Potter stated that if Cllr Lilley was physically present there could be no legal substitution.
He did initially advise that Cllr Lilley could speak remotely at the meeting via MS Teams (the method used during Lockdown to allow meetings to continue).
Short written statement
However, just five days later Mr Potter advises Cllr Lilley that having “carefully considered” some “external legal advice”, he says the ward councillor will not be able to even attend remotely but can have “a short written statement” read out in his absence.
The Monitoring Officer, who signed off some of his emails to Cllr Lilley as “Christopher Potter | Monitoring Officer” also in the same thread switches to signing off as “Chris Potter Solicitor”.
Image: © With kind permission of Allan Marsh
