PINKHAM WAY ALLIANCE
c/o Hollickwood School
Sydney
Road, Muswell Hill, N10 2NL
7 October 2011
To:
Haringey Cabinet Members, River House, 225 High Road, N22 8HQ
“Pinkham Way application on hold”
You
may recognise the above quote as the headline for the Council’s statement of
19 July last, which stated:
“The submission of a plan to put a waste processing plant in Pinkham Way has been put on hold following intervention by Haringey Council…..the NLWA has agreed to the Council’s demands, which will see them submit a detailed plan for consultation with residents and consideration by the council’s planning committee after the Inspector reports (on the NLWP) in April 2012.”
This
statement was clearly designed to be taken at face value. Indeed the Bounds
Green councillors, who had faced unprecedented pressure from concerned
residents, took the chance to publish a newsletter that interpreted it in such
a way.
Simultaneously
however, a private response from an official in the planning department,
answering a resident’s query, indicated that the attempts to validate the
application would continue. On 21 July our legal advisors wrote to
Mr Crompton, asking for clarification of this discrepancy.
At
the date of writing – 11 weeks later – they have received no response, save a
holding letter mentioning the difficulties about premises. This silence gives
us the clearest indication of the attitude within some circles in Haringey,
much clearer, in fact, than a written response ever could.
We
would like to make the following points.
By
allowing its officers to continue, or being unable to prevent them continuing
the process of validation, the council has failed in its promise to put the
application “on hold”. Were validation to happen now, the applicants would have
the right to demand that Haringey proceed to determination. The council would
have no option, otherwise the applicants would have the right to appeal to the
Secretary of State on grounds of non-determination during the statutory period.
In
that case, the ‘agreement’ made by the NLWA and Barnet would have been cast
aside, and your 19 July announcement would have been, in effect,
shown to be untrue.
Should
the council permit its credibility to be put at risk in this way by the
applicants and its own officials?
If
the application is not validated,
however, the question of determination would evidently not arise, and the
council could fulfill its publicly stated promise to put the application
properly on hold - a promise that ratepayers have the legitimate right to take
at face value, as, plainly, did your colleagues in Bounds Green, who as you
know include Ali Demirci, the present Chair of Haringey Planning Committee.
Furthermore
– and very importantly – what was always indicated to be, and was when
submitted, an outline application,
is now suddenly being treated as hybrid,
which, your officials claim, is one part detailed (for change of use) and one
part outline (for buildings etc).
While
there is no statutory definition of a hybrid application, a crystal clear
illustration can be found in Section 24 of the DCLG document dealing with
planning application fees:
Section
24, however states that a hybrid application is ‘one that seeks outline planning permission for one part, and full
planning permission for another part, of the same site’.
The
illustration states that such applications deal with different parts of the same site, not different parts of the same application. There are no qualifying phrases, such as ‘in the
majority of cases’, simply an unequivocal statement.
Thus,
in our opinion, there is no evidence to show that this is in any way a
well-founded route to validate these applications, which were plainly flawed from
the outset. We have corresponded with officials about this, but remain
unconvinced by the legal basis for the council’s actions.
Should
validation go ahead and our above concerns become confirmed, the council, for
the price of a few months delay for the applicants, would have needlessly laid
itself open to a legal challenge and the loss of its own credibility.
The
conduct of the previous (November 2010) Regulation 27 consultation, which, as
you know, dealt with the redesignation of the Pinkham Way site, shows that our concern
about procedures and motives is well justified. Entirely because of the points
raised in the PWA’s submission to the Core Strategy examination, subsequent
correspondence, and in our appearances at the public hearings, the Inspector
found that consultation to be so flawed that a re-consultation was required.
This is in progress at present; please be assured that its conduct is under
minute scrutiny.
Whether
the previous consultation’s flaws arose through human error, incompetence or
willful disregard does not concern us. What it has led us to do, as you will
appreciate, is to question ever more closely the council’s actions in this
whole matter. We feel sure that in our position you would have the same
concerns.
Given
the promise to Haringey council tax payers in the statement of 19 July,
the continuation of the validation process demonstrates bad faith on the
council’s part – the council elected by us.
We
ask you to instruct the planning department:
- to cease their attempts to validate, and
- to return the applications relating to the former Friern Barnet Sewage Works at Pinkham Way to the respective applicants, the NLWA and Barnet council, as being inadequate and unacceptable as valid applications at this time.
Yours
sincerely,
Bidesh
Sarkar
Chair
– Pinkham Way Alliance
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