The Isle of Wight council could be facing a Judicial Review in relation to a decision by the Planning Committee to approve plans for 472 new homes on the site of Westridge Farm.
A letter sent by Richard Buxton Solicitors to the Isle of Wight council at the end of last year (2021) argued that the Committee’s decision to grant permission for the West Acre development was “fundamentally unsafe and at risk of judicial review” because of :
- Procedural irregularity;
- Misdirection as to legal basis of part of the decision; and
- Apparent bias.
They say that several councillors are preparing witness statements that would be placed before the Court if it became necessary to litigate.
Read Cllr Brodie’s response to News OnTheWight’s questions about the claims that follow below.
Points raised rejected by IWC
The points made in the letter sent by the Solicitors on behalf of Islanders was, News OnTheWight has been told, rejected by the Isle of Wight council, who told them they would not reconsider the matter.
The letter states that an email sent in December by the Chief Executive, John Metcalfe, to Cllr Michael Lilley (Alliance Group) demonstrates an “utter failure to understand the legal framework within which such decisions are taken”.
The Solicitors go on to say that they are “not seeking to exert undue pressure on the council”, but asking only that it “complies with its legal duties and considers the issues raised conscientiously and in good faith”.
Attempt to recall application
As reported by News OnTheWight last week, Cllr Claire Critchison (Green Alliance) will be asking for the application to be recalled at Tuesday’s Planning Committee meeting.
If this fails to be voted through, and planning permission is passed, the Solicitors say their clients (IW residents) could challenge the Council’s decision by way of Judicial Review.
“General sense of intimidation, chaos and some confusion”
The contentious planning application for the West Acre development was passed at the July 2021 planning committee, chaired by Cllr Geoff Brodie (Ind Lab).
Vice Chairman Cllr Brodie had stepped into the role after the Chairman of the Committee, Cllr Michael Lilley removed himself so he could represent his Ryde Appley and Elmfield ward residents.
The letter claims there was a “general sense of intimidation, chaos and some confusion” at the meeting.
Unlawful exclusion of councillors
Other issues raised in the letter include the unlawful exclusion of councillors to speak on the application.
Following the meeting Cllr Michael Lilley told News OnTheWight that there had been a concerted effort to prevent him to properly representing his residents.
The Solicitors claim that other members also felt they were put “under considerable pressure not to attend” the meeting, or were refused the option to speak at the meeting unless they “could support the application”.
Legal errors
The letter includes several claims of legal errors carried out in the assessment of the application.
These include the officer’s report not coming to a conclusion on whether or not the development accords with the development plan read as a whole, which they say was compounded and entrenched by the officer’s advice to members at the meeting.
The Solicitors go on the reference the Human Rights Act and how the best interests of the child living on the site have failed to be taken account of.
The letter sets out several other items that the Solicitors say “vitiate [impair the legal validity of] the resolution to grant permission and which merit returning the application to the Planning Committee for reconsideration”.
Refusal to investigate complaint of bullying
The letter goes on to state that following a formal complaint by Cllr Lilley regarding bullying behaviour by Cllr Brodie, the Council’s monitoring officer (Chris Potter) refused to investigate the complaint on the grounds that “it is not in the public interest to spend further public money to look into this matter”.
The Solicitors say this is a “seriously concerning stance” given the “clear prima facie evidence of bullying”, and that they understand Mr Potter has now been subject to internal investigations into his conduct in relation to the matter.
Request for all correspondence
The letter closes by stating that if the matter is not returned to the Committee, they require within 21 days all documents (including (without prejudice to the foregoing), letters, faxes, emails, memos, and file notes) pertaining:
- To Cllr Lilley’s involvement in determining the application.
- To Cllr Price’s involvement in determining the application.
- To the procedure to be adopted at the Committee Meeting
- To Cllr Brodie’s involvement (in any way) with the application, including (without prejudice to the generality of the foregoing) any communications between Cllr Brodie and the Applicant for planning permission and/or Chris Potter.
- Mr Chris Potter’s involvement (in any way) with the application including any correspondence between Cllr Brodie and Chris Potter.
- To the determination of the application in any way.
Questions put to Cllr Brodie
News OnTheWight put the following questions to Cllr Brodie. His chose not to answer each question individually, but gave the brief response at the bottom.
We asked,
We have a copy of a letter from Richard Buxton Solicitors to the IWC sent on 9th December to the IWC and will be publishing an article about it.
In the letter there are a number of references to your actions, so we are coming to you for comment.
The letter claims that:
Cllr Brodie used his influence to: (1) exclude Cllr Price; (2) to contribute to the exclusion of Cllr Lilley, (3) to discourage other members he regarded as predisposed against the application to exclude themselves; and (4) prevented a member from speaking at the meeting “unless she could support the application”
1 – How do you respond to those claims?
2 – Is the following statement from the letter accurate?
Following the threat of legal proceedings, Cllr Brodie now supports a call back before approval is issued “if threat of judicial review is also legally withdrawn”.
The letter claims the solicitors have been provided with emails which suggest that you sent “aggressive, bullying and seriously inappropriate” messages to Cllr Lilley calling him “pathetic” and a “coward”. They say this appears to have been “politically motivated”.
3 – How do you respond to those accusations?
4 – How do you respond to the claims that, “There was a general sense of intimidation, chaos and some confusion” surrounding the meeting you chaired on 27th July 2021?
Cllr Brodie told News OnTheWight,
“I am comfortable that I received appropriate advice in advance of, during and subsequent to the Planning Committee of 27 July 2021, and as a result consider that my involvement in the Westacre Park application was perfectly proper. The points you raise from this solicitor’s letter are questions put to the IW Council in advance of a legal challenge and it is only right that any response to those points are made in the appropriate manner.”
You can watch the Planning Committee in question via the council’s YouTube channel.
