Object

Proposed Submission Development and Site Allocations (DaSA) Local Plan

Representation ID: 24069

Received: 02/12/2018

Respondent: Mr Dominic Shaw

Legally compliant? No

Sound? No

Duty to co-operate? Not specified

Representation Summary:

I am not a lawyer, but I believe the plan to be legally compliant, but as my father (Stephen Shaw) has said the decision to pre-populate the representations form in a way is that is most favourable to the Council is likely to be deemed as maladmininstrative by the Local Government Ombudsman. I share his view that a consultation exercise that encourages respondents in a particular direction could possibly be considered as reasonable and proper. The correct process, given the likely outcome of an Ombudsman investigation, would be to halt the current exercise and start again.

As my parents have said, given that we have drawn this to your attention, any decision to proceed without re-visiting the representations form would also likely to be judged as maladministrative.

Full text:

I am not a lawyer, but I believe the plan to be legally compliant, but as my father (Stephen Shaw) has said the decision to pre-populate the representations form in a way is that is most favourable to the Council is likely to be deemed as maladmininstrative by the Local Government Ombudsman. I share his view that a consultation exercise that encourages respondents in a particular direction could possibly be considered as reasonable and proper. The correct process, given the likely outcome of an Ombudsman investigation, would be to halt the current exercise and start again.

As my parents have said, given that we have drawn this to your attention, any decision to proceed without re-visiting the representations form would also likely to be judged as maladministrative.

In respect of legal complaiance, as I have said the correct process, given the likely outcome of a Local Government Ombudsman investigation, would be to halt the current exercise and start again.

In respect of soundness, I do not believe the DaSa evidences that sufficient heed has been paid to the environmental impact of any plans to develop BEX9 - the impact upon the Pevensey Levels and the impact upon air quality for those living alongside Barnhorn Road.