Forum Message

Topic: Re:Re:Mr Noel Rutherford's response
Posted by: Nicola Howard
Date/Time: 11/11/11 21:02:00

Found this hidden away.

Friar's Place: The Council Responds

Extremely long forum thread garners extremely long retort
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ActonW3.com
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Hello all, your new ActonW3.com editor here. If you're a regular to this site, you may have noticed the behemoth thread sitting in our forum regarding planning permission in Friars Place Lane. Legends say that the thread was started in 1203 as part of the Fourth Crusade, but our records show it was actually only in August, which certainly surprised me.

Any road, the council has asked that we "print" an extremely comprehensive response from them to this thread, and I acquiesced, as anything I don't have to type out myself is fine by me. Maybe this will produce and even longer thread which will produce an even longer response - eventually sucking the entire internet into a black hole of words. Here it is:

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Friars Place Application

In light of significant local interest, I would like to take this opportunity to address your readers on some issues relating to the recently withdrawn planning application to change the use of 53-55 Friars Place in Acton.

An application was submitted to the council to change the use of these two houses into supported residential accommodation for vulnerable women in the community, including their children. Many of the women this accommodation was planned for would have been escaping from domestic violence.

The applicant, Diversity in Care Ltd, withdrew their application on Monday 3 October, advising that a different location would be sought. The applicant felt that it would be difficult to help vulnerable women at the Friars Place address in the face of such a high level of local opposition.

A range of allegations has been posted on ActonW3.com regarding the council’s role in this application and, although the application has been withdrawn, I would like to address the main issues.

I apologise in advance for the length of this article, but feel that it is important to address each issue properly.

The applicant and the Council’s involvement - The council must consider all applications received and treat all applications fairly regardless of who the applicant is, their status, or history. Applications are assessed on their planning merits only. Any other approach would be unlawful.

The planning process is separate from other parts of the council, although other parts of the council are consulted as part of the process. Whether or not the council would use a particular external service or property does not ultimately determine a planning decision.

When looking at the Friars Place application, planning officers decided that the proposed use would comply with current planning policies, so it was recommended that the Planning Committee approve it.

Information that the applicant did not wish to be publicly available –Information about the proposed use was provided in a separate letter. Diversity in Care Ltd requested that this information not be made public to protect some of the vulnerable residents. The risk was that women and children escaping domestic violence could be at greater risk if the location of their accommodation was known.

The council placed the letter on the main file but did not publish the letter on the council’s website while considered what the appropriate process would be in such circumstances.

Consultation and neighbour-notification started on Tuesday 14 June. As part of ongoing discussions with the applicant, the council requested further information about the use and as a result the description of the proposal was changed and made clearer. Revised information about the use (over-riding the initial letter) was posted on the council’s website and on Thursday 28 July a new round of consultation was carried out. In the light of the local interest, the notification was extended to more residents. There was no attempt by the Council to hide information.

Quality of Drawings submitted – There is no legal requirement to submit floor plans for a change-of-use application. It is correct that metric scale is technically required when plans are necessary, but the council considers that in this case, since the plans were not strictly required, the imperial measurement drawings were adequate. It would, therefore, have been inappropriate and unreasonable for the council to reject the application on that ground.

Validity of the Certificate of Ownership - Around the time that the item was placed on the agenda for 7th September Planning Committee meeting, objectors challenged the validity of the planning application in relation to the service of notice (Certificate B) on the owners of the site.

Council officers provided clarification to objectors and there was some confusion arising from the submission of two ownership certificates (the first certificate had been found irregular at the time of submission, and the second rectified some errors). Advice was also sought from the council’s legal officer. As information and advice unfolded, it was found that there were some discrepancies when comparing the information given in the second certificate with the Land Registry details.

The planning process does not require a Land Registry search, but where any discrepancies are brought to the council’s attention, an opportunity is given for rectification, and this was under discussion with the applicant.

However, in light of the discrepancy and to avoid the situation that a decision might not be taken on the planning merits of the proposal alone, on Monday 5 September the Head of Planning Services, in communication with the council’s senior legal officer, made the decision to withdraw the item from consideration at that Planning Committee meeting.

Information from the applicant’s website relating to a nursery building - The applicant’s submissions did not include proposals for use of outbuildings. Accordingly, and quite correctly, this did not form part of the council’s assessment of the application and was, therefore, not mentioned anywhere in the council report. Should the applicant have wanted to use the outbuildings as a nursery at a later date, they would have had to submit a separate application.

Goldsmith Estate Covenant - This covenant is not relevant to the planning assessment in this case.

Works to Trees - Around the beginning of October, residents reported works to trees including tree felling on the site. Council officers investigated and found that the trees on the site are not protected and, therefore, works were not unauthorised.

Note from Mike Harling, Ealing Council Social Services - Angela Edmondson submitted this note as part of a bundle of documentation showing support and commendation for her, and her application. The note did not specifically refer to the Friars Place application, but Ms Edmondson submitted it to show that council officers said they had a good experience of working with her previously. This is similar to architects submitting references and commendations.

Applicants are allowed to submit whatever documentation they like as part of the planning process. These documents can help support an application, and often help with setting a context. I understand that readers might find this strange especially as the note was not well written and referred to a previous application. Despite this, I would like to assure your readers that the ultimate decision would have been made on planning considerations.

Composition of the Planning Committee - A rota of councillors is used to determine the composition of the Planning Committee on any given date. The Planning Committee sits independently from the council and members are legally obliged to act in a non-partis
and politically neutral way. If a councillor holds a view that could potentially prejudice their decision about a particular application, they must declare this and excuse themselves from that decision.

Lastly, I would urge anyone with any genuine concerns about this, and any other, application to contact the council directly with their concerns, especially if they think they are in possession of any proof of wrongdoing by a council officer.

Noel Rutherford
Director of Built Environment - Ealing Council.

November 9, 2011

 


Entire Thread
TopicDate PostedPosted By
Acton Residents Unrepresented Again!!30/08/11 21:10:00 Elena Enn
   Re:Acton Residents Unrepresented Again!!30/08/11 21:49:00 Nicola Howard
   Re:Acton Residents Unrepresented Again!!30/08/11 21:50:00 Elena Enn
      Re:Re:Acton Residents Unrepresented Again!!30/08/11 22:10:00 Nicola Howard
   Re:Acton Residents Unrepresented Again!!30/08/11 22:15:00 Jacqueline Davis
      Re:Re:Acton Residents Unrepresented Again!!31/08/11 08:28:00 Nigel Williams
         Re:Re:Re:Acton Residents Unrepresented Again!!31/08/11 13:00:00 Nicola Howard
            Re:Re:Re:Re:Acton Residents Unrepresented Again!!31/08/11 13:27:00 Sarah Harris
   Invalid Application - Acton Residents Unrepresented Again!!31/08/11 14:34:00 Victor Mishiku
      Re:Invalid Application - Acton Residents Unrepresented Again!!31/08/11 15:07:00 Sarah Harris
      Re:Invalid Application - Acton Residents Unrepresented Again!!31/08/11 15:07:00 Sarah Harris
      Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 10:45:00 Victor Mishiku
         Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 14:22:00 joseph birotz
            Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 15:02:00 Sarah Harris
               Re:Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 15:55:00 joseph birotz
            Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.01/09/11 17:24:00 Victor Mishiku
               Re:Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented.02/02/12 21:05:00 kathy kennelly
      SITE VISIT - Invalidity of the Application -02/09/11 18:45:00 Victor Mishiku
   Re:Acton Residents Unrepresented Again!!01/09/11 20:48:00 Charles Chara
      SITE VISIT  Tomorrow Morning 9.10am 3rd September 02/09/11 18:47:00 Victor Mishiku
         Re:SITE VISIT  Tomorrow Morning 9.10am 3rd September 03/09/11 13:35:00 Hasan Ukra
            Re: SITE VISIT  - 3rd September 03/09/11 15:45:00 Pavlos Dora
               Re:Re: SITE VISIT  - 3rd September 03/09/11 17:22:00 Lesley Russell
                  Re:Re:Re: SITE VISIT  - 3rd September 03/09/11 18:22:00 Nicola Howard
                     Re:Re:Re:Re: SITE VISIT  - 3rd September 03/09/11 22:51:00 Brijesh Chauhan
                        Post Site Visit comment04/09/11 12:03:00 Victor Mishiku
                           Post Site Visit comment (corrected)04/09/11 12:09:00 Victor Mishiku
                              Weblink E-Mail 4/9/11.04/09/11 14:42:00 Victor Mishiku
                           Re:Post Site Visit comment04/09/11 16:24:00 Louisa Asker
               Re:Re: SITE VISIT  - 3rd September 05/09/11 10:32:00 Hasan Ukra
            Re:Re:SITE VISIT  Tomorrow Morning 9.10am 3rd September 05/09/11 09:45:00 Deborah Patellaro
   1,100 Objections lodged at the Council!04/09/11 21:53:00 Charles Chara
   Peaceful Acton neighbourhood04/09/11 22:09:00 Charles Chara
   Re:Acton Residents Unrepresented Again!!05/09/11 16:46:00 The Editor
      MEETINGS - still on.05/09/11 20:14:00 Elena Nutkins
         Withdrawn Application - What a surprise!06/09/11 09:38:00 Elena Nutkins
            Re:Withdrawn Application - What a surprise!06/09/11 10:12:00 Sara Nathan
               Re:Re:Withdrawn Application - What a surprise!06/09/11 10:29:00 Hasan Ukra
                  Re:Re:Re:Withdrawn Application - What a surprise!06/09/11 11:43:00 Dee Cook
                     Re:Re:Re:Re:Withdrawn Application - What a surprise!06/09/11 12:53:00 Elena Nutkins
                        Re:Re:Re:Re:Re:Withdrawn Application - What a surprise!06/09/11 16:20:00 Hasan Ukra
   The Covenant06/09/11 16:01:00 Victor Mishiku
      Re:The Covenant06/09/11 16:25:00 Dee Cook
         The Covenant 06/09/11 19:02:00 Victor Mishiku
            planning committee, ref;53=55 FPL06/09/11 22:48:00 Hani Ukra
               Planning Department overruled by Legal Services07/09/11 00:12:00 Charles Chara
               Re:planning committee, ref;53=55 FPL07/09/11 08:35:00 Elena Nutkins
                  Re:Re:planning committee, ref;53=55 FPL07/09/11 11:14:00 Hasan Ukra
                     Re:Re:Re:planning committee, ref;53=55 FPL07/09/11 16:02:00 M ODonald
                        Re:Re:Re:Re:planning committee, ref;53=55 FPL07/09/11 18:56:00 Nicola Howard
                           Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL07/09/11 22:54:00 Iain Muir
                              Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL08/09/11 13:37:00 geoffrey berg
                                 Re:Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL08/09/11 14:40:00 Nicola Howard
                                    Residents' efforts rewarded08/09/11 17:04:00 Victor Mishiku
                                       Correction :Residents' efforts rewarded08/09/11 17:05:00 Victor Mishiku
                              Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL08/09/11 20:30:00 Lesley Russell
                                 Re:Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL08/09/11 21:38:00 Nicola Howard
                                 False Certificate - Ownership Details, etc08/09/11 22:52:00 Charles Chara
                                    I agree - Charles C.08/09/11 22:55:00 Charles Chara
                                       Re:I agree - Charles C.08/09/11 23:13:00 Nicola Howard
                                          Re:Re:I agree - Charles C.09/09/11 00:07:00 Rosco White
                                             "Invalidity" of the Application09/09/11 02:10:00 Victor Mishiku
                                                Re:"Invalidity" of the Application09/09/11 12:05:00 Hasan Ukra
                                                   Re:Re:"Invalidity" of the Application09/09/11 13:13:00 Ana Strachan
                                                      The last 4 months09/09/11 21:31:00 Andrea Hondrou
                                                         Re:The last 4 months09/09/11 22:36:00 Lesley Russell
   Case Officer did not visit No.53 next door10/09/11 20:21:00 Victor Mishiku
      Re:Case Officer did not visit No.53 next door10/09/11 21:57:00 Hani Ukra
         Viewing from neighbouring viewpoints11/09/11 11:53:00 Victor Mishiku
            Viewing from neighbouring viewpoints (corrected)11/09/11 12:06:00 Victor Mishiku
               Re:Viewing from neighbouring viewpoints (corrected)11/09/11 21:35:00 joseph birotz
                  Forum typing.12/09/11 14:12:00 Victor Mishiku
                     Forum typing (correction)12/09/11 14:14:00 Victor Mishiku
                        Solicitors to be instructed.13/09/11 12:11:00 Victor Mishiku
                           Re:Solicitors to be instructed.13/09/11 13:58:00 Dee Cook
                           Re:Solicitors to be instructed.13/09/11 18:51:00 Hani Ukra
                              Re:Re:Solicitors to be instructed.13/09/11 23:53:00 Rosco White
                                 Planning Letter from 37 Gibbon Road 13/9/11.15/09/11 09:54:00 Victor Mishiku
                              A new game16/09/11 19:12:00 Hani Ukra
                                 Interesting reading...19/09/11 20:57:00 Pavlos Dora
                                    Re:Interesting reading...19/09/11 21:40:00 Iain Muir
                                       Iain Muir... 19/09/11 21:58:00 Pavlos Dora
                                          Re:Iain Muir... 20/09/11 09:45:00 Lesley Russell
                                             Re:Re:Iain Muir... 20/09/11 10:56:00 joseph birotz
                                                Re:Re:Re:Iain Muir... 20/09/11 12:29:00 Rosco White
                                                   Planning Facts20/09/11 15:46:00 Elena Nutkins
                                                      Re:Planning Facts20/09/11 16:34:00 joseph birotz
                                                Re:Re:Re:Iain Muir... 20/09/11 16:52:00 Lesley Russell
                                                   Re:Re:Re:Re:Iain Muir... 20/09/11 16:59:00 joseph birotz
                                                      Re:Re:Re:Re:Re:Iain Muir... 20/09/11 17:07:00 joseph birotz
                                                         Re:Re:Re:Re:Re:Re:Iain Muir... 20/09/11 17:08:00 Lesley Russell
                                                            Re:Re:Re:Re:Re:Re:Re:Iain Muir... 20/09/11 17:12:00 joseph birotz
                                                               Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 20/09/11 20:13:00 Rosco White
                                                                  Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 20/09/11 22:17:00 Iain Muir
                                                                     Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 12:24:00 Lesley Russell
                                                                        Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 13:41:00 joseph birotz
                                                                           Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 13:55:00 Rosco White
                                                                              Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 15:08:00 Nicola Howard
                                                                                 Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 15:15:00 Lesley Russell
                                                                           Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... 21/09/11 15:10:00 Lesley Russell
   Re:Acton Residents Unrepresented Again!!22/09/11 13:20:00 Diana ONeill
      Re:Re:Acton Residents Unrepresented Again!!23/09/11 12:24:00 Dee Cook
         Re:Re:Re:Acton Residents Unrepresented Again!!23/09/11 19:17:00 Iain Muir
            Solicitors letters sent to all three parties yesterday27/09/11 11:08:00 Victor Mishiku
               Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 10:47:00 Victor Mishiku
                  Re:Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 11:09:00 Ellie Rose
                     Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 11:49:00 joseph birotz
                        Re:Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 11:55:00 Ellie Rose
                        Re:Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 5530/09/11 12:00:00 joseph birotz
                           Thank you, Ellie - Destruction of Trees in the Gardens of Nos. 53 & 5503/10/11 12:51:00 Victor Mishiku
                              COMPLAINT TO CHIEF EXECUTIVE, LBE.03/10/11 20:32:00 Charles Chara
                                 COMPLAINT TO DIRECTOR - ENVIRONMENT GROUP03/10/11 20:37:00 Charles Chara
                                 Re:COMPLAINT TO CHIEF EXECUTIVE, LBE.03/10/11 21:05:00 Nicola Howard
                                    WE DEMAND AN INVESTIGATION04/10/11 18:07:00 Hasan Ukra
                                       Re:WE DEMAND AN INVESTIGATION04/10/11 21:06:00 Lesley Russell
                                       Re:WE DEMAND AN INVESTIGATION05/10/11 14:54:00 M ODonald
                                       Re:WE DEMAND AN INVESTIGATION05/10/11 16:48:00 Peter Millman
                                          Inappropriate!05/10/11 18:21:00 Andrea Hondrou
                                             "Withdrawal" Notice arrives today.07/10/11 19:23:00 Andrea Hondrou
                                                Re:"Withdrawal" Notice arrives today.07/10/11 19:47:00 Charles Chara
                                                   Re:Re:"Withdrawal" Notice arrives today.08/10/11 20:26:00 Dee Cook
                                                      Re:Re:Re:"Withdrawal" Notice arrives today.08/10/11 20:32:00 Lesley Russell
                                                         The use of the two dwellinghouses at Nos. 53 & 5508/10/11 21:09:00 Victor Mishiku
                                                         Re:Re:Re:Re:"Withdrawal" Notice arrives today.08/10/11 21:12:00 Sarah Harris
                                                            Re:Re:Re:Re:Re:"Withdrawal" Notice arrives today.08/10/11 21:43:00 Lesley Russell
                                                               Cllr. Hitesh Tailor's letter of 4th October 201109/10/11 02:20:00 Victor Mishiku
   Re:Acton Residents Unrepresented Again!!09/10/11 23:33:00 Laurie MacPherson
   Withdrawn application but questions still unanswered...10/10/11 07:16:00 Pavlos Dora
      Re:Withdrawn application but questions still unanswered...10/10/11 20:59:00 Lesley Russell
         Ealing & Acton Gazette10/10/11 23:01:00 Victor Mishiku
         free paper11/10/11 00:35:00 Pavlos Dora
            Cllr Hitesh Tailor - response sought please.11/10/11 12:32:00 Victor Mishiku
               Re:Cllr Hitesh Tailor - response sought please.11/10/11 14:01:00 Nicola Howard
                  Cllr Hitesh Tailor - response sought please.12/10/11 01:26:00 Victor Mishiku
                     Re:Cllr Hitesh Tailor - response sought please (adjusted size)12/10/11 01:43:00 Victor Mishiku
                        Why are we being ignored?12/10/11 10:49:00 Hasan Ukra
                           Re:Why are we being ignored?12/10/11 18:25:00 Rosco White
                              "Lyndell House"13/10/11 00:52:00 Victor Mishiku
                                 Second Complaint to Director dated 14/10/11.15/10/11 17:47:00 Charles Chara
                                    Re:Second Complaint to Director dated 14/10/11.21/10/11 11:05:00 Charles Chara
                                       Re:Re:Second Complaint to Director dated 14/10/11.22/10/11 08:44:00 Hasan Ukra
                                          Third Complaint to Ealing Council, Chief Executive dated 17/10/1122/10/11 22:43:00 Charles Chara
                                             In bad faith!23/10/11 19:11:00 Victor Mishiku
                                                Re:In bad faith!02/11/11 06:52:00 Alan Fairchild
                                                   Re:Re:In bad faith!06/11/11 11:10:00 Victor Mishiku
                                                      Re:Re:Re:In bad faith!07/11/11 11:56:00 Peter Millman
                                                         Re:Re:Re:Re:In bad faith!07/11/11 12:29:00 Victor Mishiku
                                                            Mr Noel Rutherford's response10/11/11 13:06:00 Victor Mishiku
                                                               Re:Mr Noel Rutherford's response10/11/11 21:17:00 Lesley Russell
                                                                  Re:Re:Mr Noel Rutherford's response11/11/11 02:47:00 Victor Mishiku
                                                                     Re:Re:Re:Mr Noel Rutherford's response11/11/11 03:10:00 Victor Mishiku
                                                               Re:Mr Noel Rutherford's response11/11/11 19:54:00 Joseph Birotz
                                                                  Re:Re:Mr Noel Rutherford's response11/11/11 21:02:00 Nicola Howard
                                                                  Re:Re:Mr Noel Rutherford's response11/11/11 21:21:00 Nicola Howard
                                                                     Re:Re:Re:Mr Noel Rutherford's response12/11/11 07:58:00 Joseph Birotz
                                                                        The Covenant Movement13/11/11 02:56:00 Victor Mishiku
                                                                           The Covenant Movement (corrected)13/11/11 02:59:00 Victor Mishiku
                                                                              How it all started - My interest in covenants.13/11/11 10:54:00 Victor Mishiku
                                                                                 Re:How it all started - My interest in covenants.13/11/11 11:21:00 Joseph Birotz
                                                                                    Thank you.14/11/11 02:30:00 Victor Mishiku
                                                                                       Rutherford16/11/11 12:11:00 George Knox
                                                                                          Knox17/11/11 11:32:00 Joseph Birotz
                                                                                             Re:Knox17/11/11 12:26:00 George Knox
                                                                                                Re:Re:Knox17/11/11 13:45:00 Joseph Birotz
                                                                                                   Follow-Up Letter to Mr Noel Rutherford23/11/11 02:27:00 Charles Chara
   Re:Acton Residents Unrepresented Again!!21/12/11 12:16:00 Geoffrey Berg
   Happy Xmas22/12/11 00:14:00 Victor Mishiku

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