VICTORY: Mendip Council: Being A Councillor AND Development Agent is OK!

Update (4/8/20): We are declaring victory in our campaign (of sorts).

Mendip District Council has told us that they will be reviewing the rules.

And the only Mendip councillor that we are aware of who acts as an agent for planning applications - Conservative Group Leader Councillor Tom Killen (see below) - has told us, in response to our questions, that he would be "content" to follow the rules if they were changed to stop him and other councillors from acting as agents in the Mendip area. He even said that he was prepared to "restructure" his business.

But actions speak louder than words.

We won't believe that Mendip District Council will change the rules, until they actually confirmed that they have.

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We don't think that it is OK for a Development Agent to be a Councillor in the same Council that makes planning decisions, so please read on to see why and to see that we want to hear your views, and why you hold those views.

Somerset Independents has been reporting on strange behaviour at Mendip District Council, particularly with planning and the development of land.

Sometimes we will say what we think.

Sometimes we will report on what other residents think.

And sometimes we will report the facts only and let you make up your own mind, and hopefully then you will tell us what you think.

This article is the latter type of article. We don't think it is OK, and this is based on sound practice and advice. Here are the facts.

It is a fact that the Local Government Association, which is a national association for local councils states in its "Probity in Planning" Guidance for councils that, and we quote:

"Officers and serving councillors must not
act as agents for people pursuing planning
matters within their authority, even if they are
not involved in the decision making on them."

This Guidance is:

"about ensuring that decisions on plan making and planning applications are undertaken, on behalf of communities, in a fair, impartial and transparent way. This guide has been written for officers and councillors involved in making planning decisions in their local authority.

It is also a fact that councillors at Mendip District Council have TWICE considered this advice in formal meetings since 2011. This is shown in the minutes of the September 2018 Standards Committee.

Instead of taking this advice, councillors have TWICE rejected making it a part of their rules, in their Constitution.

This is despite the fact that at other councils, this advice has been acted upon and included in those councils' constitutions.

Somerset Independents asks you to consider:

Why is Mendip District Council an exception?

Why would Mendip District Council not want to promote decisions on planning applications that are made in a fair, impartial and transparent way?

It is also a fact that we have raised this with current Mendip councillors.

And none of those that we contacted took action to ensure this advice was heeded.

Worse, councillors on the Planning Board actively encouraged it to continue to take place.

At the 10th June 2020 virtual meeting of the Mendip Planning Board, it can be seen on the online recording, that EVERY SINGLE COUNCILLOR on the Board supported planning application:

"2020/0169/OTS | Erection of an agricultural workers dwelling. | Manor Farm Chapel Street Upton Noble Shepton Mallet BA4 6BA"

It is a fact that not a single councillor raised the application for discussion, despite the fact that the Application Form clearly stated that the Agent was Tom Killen, who is a serving councillor as can be seen on the Council website.

Instead of opposing the application because of this clear contravention of the LGA Guidance, every single councillor on the Planning Board supported the application going ahead by officer recommendation.

Councillor Killen is listed on the application form as having an address at Mendip Auction Rooms. The same Tom Killen is one of the two partners of  Killens LLP (Chartered Surveyors and Property Agents). The other partner is Sally Killen, who is also a director of Mendip Auction Rooms. All addresses match the address on Councillor Killen's councillor page. In addition, both companies which are "Disclosable Pecuniary Interests" are both stated on Councillor Killen's Declaration of Interest, also available on the Council's website.

It is also interesting to note that Councillor Killen declared an interest and left the Standards Committee in 2018, when this very issue was considered. So Cllr Killen left that meeting, but still the councillors present (John Carter, Shane Collins and John Greenhalgh) decided against amending the Constitution and that having agents that are councillors in the same council is OK!

At the same meeting, the councillors also decided against vetting councillors by the Disclosures and Barring Service (DBS). In our opinion, this was also unwise for many very important reasons such as the protection of children and vulnerable adults.

We re-state the Guidance:

"Officers and serving councillors must not
act as agents for people pursuing planning
matters within their authority, even if they are
not involved in the decision making on them."

and let you make your own mind up, based on the evidence that we have exposed and that we present to you here.

Tell us what you think by contacting us here.

Tell your councillor.

Tell the councillors who voted for it - full list below*. Councillor contact details are on the Council website here.

Tell Mendip District Council.

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* Full List of Mendip District councillors who voted the application through without discussion on 10th June 2020 at the Planning Board. It was a "full house" according to the Chair:

Councillor Eve Berry (Conservative)

Councillor Peter Goater (Liberal Democrat member of the Cabinet)

Councillor Francis Hayden (Green)

Councillor Nigel Hewitt-Cooper (Conservative and Vice-Chair of Planning Board)

Councillor Edric Hobbs (he was "Independent" but since the meeting has joined the Liberal Democrats)
Councillor Damon Hooton (Liberal Democrat and Chair of Planning Board)

Councillor Helen Kay (Green)

Councillor Lindsay MacDougall (Green)

Councillor Matt Martin (Liberal Democrat)

Councillor Mike Pullin (Conservative)

Councillor Heather Shearer (Liberal Democrat member of the Cabinet)

Councillor Laura Waters (Liberal Democrat)

Councillor Ros Wyke (Liberal Democrat, Leader of the Council and member of the Cabinet)