With the local government elections just behind us, a case shows the importance of local politics in development plans.
Developers are used to negotiating with the planning authorities of local councils. Whilst the planning department staff are employees of the council, the planning committee of the council is made up of elected representatives. The practical effect of this is that when the political complexion of the council changes, so may its planning policy.
Recently, a case came to court in which a developer had negotiated with a council for a long period to buy from it a plot of land, ownership of which was essential for the construction of a building development.
Shortly before the sale was due to proceed, the local elections changed the make-up of the council. A new councillor was elected who had been prominent in the action group opposing the proposed sale of the land to the developer. The new councillor took a leading role in the council’s decision-making regarding the proposed sale and the council duly decided that it should not proceed.
The developer took the council to court arguing that there was evident bias on the part of the council.
The court rejected the argument. In its view ‘bias could not exist because of a desire to ensure…that the development did not take place.’ Local democracy could not function properly if elected politicians were unable to express their views regarding issues of relevance to the local community and then, when elected, to make decisions based on their expressed views. Only if there was evidence of a ‘closed mind’, which would not be changed if appropriate material were put before it, could there be bias.
The message is that when dealing with local councils over purchases or planning negotiations, developers should always keep a weather-eye on election dates and proceed with alacrity if necessary. If a development is likely to attract significant opposition, it is the political process that may well decide matters.