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Westferry Printworks "fishing expedition" & Police update
After requesting 3rd March on 5th June I finally got judicial review documents from TH Council, GLA & developer, copies in link
They raise more questions
Something still missing from this story
cllrandrewwood.com/news/westferry…
1/
There is a gap in the story to explain why Minister/@mhclg chose to help developer by £40 million+
There are a variety of possible reason why they chose to do so
Documents cover story up to February, except for the final decision no explanation of what happened March-May yet
2/
A Met Police DCI contacted me Friday to say "I am writing to confirm that no criminal investigation will take place following an assessment of the information available in relation to the Rt Hon Robert Jenrick MP and planning authority involving the Westferry Printworks"
3/
The problem is without more information you can suspect all kinds of reasons why developer was helped, only some of which maybe criminal. Did @RobertJenrick declare dinner with developer since his decision made approx 4 -5 weeks after spending several hours at the same table?
4/
It is not just me concerned, a professional planning journal @PlanningMag has two stories on the shock in the legal & planning profession about this case with one barrister calling it "dynamite" and leading to calls for reform
5/

planningresource.co.uk/article/168541…

planningresource.co.uk/article/168541…
1st issue is that Inspector said "548. I conclude that it is likely that the scheme could provide more affordable housing than the offer of 21%"
MHCLG said "There were also concerns that delay could impact on the viability of the proposed development"
This is a contradiction
6/
Decision made late December 2019, deadline for decision 20th Feb 2020, why did MHCLG think 2 months not enough time to refer back to parties? CIL issue was an obvious issue for the whole of 2019 & had been discussed for months
7/
The GLA judicial review focussed heavily on affordable issue, including a good summary of issues in red outline
v clear that Inspector thought that 21% was too generous so why was MHCLG concerned about viability of scheme? new CIL charges just meant new viability analysis
8/
MHCLG aware that in August 2019 there was a separate public examination looking at viability of sites in the area as part of the new CIL rates (approved 15.1.2020)
Examiner Terrence Kemmann-Lane agreed that the new CIL rates justified in October 2019
9/
towerhamlets.gov.uk/lgnl/planning_…
In his report Westferry Printworks mentioned 6 times & developer had opportunity in public examination to challenge new CIL rates
So why MHCLG 2 months later concerned that a delay could impact viability when 2 months earlier independent examiner said would not?
10/
Other key issue is that @mhclg first reaction was that the Councils request for information was that it was a "fishing expedition" although took them 15 days to write that!
So why after judicial review submitted did MHCLG fold and @RobertJenrick admit his decision "unlawful"
11
@mhclg need to disclose all documents requested by TH Council in its JR application as well as answer why they ignored their own Inspector & the CIL Examiner on viability issues
We also need to find out why MHCLG did not defend decision, so I will pay for court transcript
12/
Two key questions;
a. Why did @RobertJenrick in late December decide to grant planning permission after spending time with team from developer about 4-5 weeks earlier? why not recuse himself as we would have done locally, what did he declare & when to his civil servants?
13/
b. Why did Jenrick & MHCLG think a delay could impact viability of development contrary to two separate public examinations held a few months earlier? they still had 2 months to issue decision so why not use that time to resolve £40 million issue, why time > important than £?
14
We await to see whether @cabinetofficeuk & @CommonsHCLG will follow up on this or not
First FOI responses due 24th June
@OnLondon @CharlesWright57 @billykenber
@ELAdvertiser @RachaelBurford @henry_mcdonald @HuffPost @PlanningMag
JR docs here
cllrandrewwood.com/news/westferry…
15/
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