Planning Application dispute with Parish Council

[Timbo2022]

My local Parish Council has posted this as their official Comment in opposing a Planning Application:

"' and, as an aside (though this is not a valid reason to seek refusal), the bribe of £40,000 which is offered to the community over the predicted life-span of fifty years of this energy plant is insulting."

It relates to a renewable energy project that I wish to support, I would like to challenge the Parish Council Comment.

The £40,000 is offered to the Community because of The Infrastructure Act 2015, so is entirely legal.

Might their use of the word "bribe" be considered defamatory? They appear to be accusing the Applicant of unethical business practice?

[islandgirl]

You can complain to the next tier (ie the local council) if you wish. Having spent a long time opposing a wind factory in one of the most beautiful parts of the country several years ago I do know that payments to the community of this nature are often resented by those who oppose them. In my experience the planning authorities do not take any more notice of parish councils than other objectors so I do not think your application will suffer if it can succeed on its merits, If you feel you wish to make the point complain to the PC and the local council.

[Timbo2022]

Thanks, I understand how the payment might be perceived that way. It's not my own application though, I just support it, I have no connection with the Applicant.

I am interested to get a legal opinion of the statement the Parish Council have published, might it be considered defamatory?

[islandgirl]

If the Applicant isn't bothered then why should you be? Perhaps write to them and point it out and ask them - they may well have in-house lawyers. I have no experience at all in this area of law but would say that is it not defamatory - after all the intention of the payment is to make the locals happier to accept the development. "Bribe" is a loaded word but some elements of its meaning could be said to perhaps apply to the sweetener offered?

[Timbo2022]

I am only bothered because I want to overturn their decision and I think their response is inappropriate, unprofessional and potentially defamatory.

Whatever you think of renewable energy projects, it is simply a matter of law.

If I were the Applicant I would feel smeared by their use of this loaded word. I am here to understand whether it could be considered defamatory under the law. I think you have answered "maybe"?

[wales01man]

Some may see it as a bribe some not with respect why are you worried about words from some idiot with an official platform to use

[islandgirl]

No I don;t think it is - I wrote: I have no experience at all in this area of law but would say that is it not defamatory
I do not understand whose decision you wish to overturn. if the PC objects it objects. It will have been discussed formally and a position taken. If the council has rejected the plans the applicant will have to appeal. It will all depend on the reasons for refusal - as you say it is strictly a matter of law.
As I say the view of the PC is just one of many views and, in all honesty, does not seem to carry more weight than any other. In your position I would bring it to the attention of the company involved and see what they think. My view is fight the appeal, if this is the stage you are at, using proper legal grounds and do not worry about the PCs statement but of course how you proceed is up to you.

[Timbo2022]

Some may see it as a bribe some not with respect why are you worried about words from some idiot with an official platform to use

Thank you.

I am trying to help an important renewable energy project succeed. Although the PC has a relatively minor voice they do indeed have an official platform and their opinion does have some power.

You have been most helpful, thanks for the advice.

[des8]

I do not see how it can be classed as defamatory.
To be defamatory a statement has "to cause serious harm to the reputation of the claimant." ...but.... " harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss."
(Defamation Act 2013)

Is a puffed up statement from a Parish Council likely to cause a commercial entity SERIOUS financial loss?

[Timbo2022]

I do not see how it can be classed as defamatory.
To be defamatory a statement has "to cause serious harm to the reputation of the claimant." ...but.... " harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss."
(Defamation Act 2013)

Is a puffed up statement from a Parish Council likely to cause a commercial entity SERIOUS financial loss?

Great, this is the type of detail I was hoping to get here :-)

I guess it is arguable how much damage it might do but I can't see how it would bolster the Applicant's reputation, so can we agree that it would be a negative effect?

If the PC opinion is the ONLY opposing voice and the Application is refused then I guess it could be argued that it caused serious financial loss.

I'm going to persue a Code of Conduct complaint first. Regardless of whether it is defamatory, the PC are also required to be Respectful to Applicants.

[des8]

Applications may be refused for a number of reasons, but unlikely that the PC's statement will be contributory, especially as they state it " is not a valid reason to seek refusal",
If the council refused an application for a non valid reason the applicant is likely to appeal, if necessary ultimately to the secretary of State. Such appeals are expensive, and if won the LA bears the cost, hence unlikely to refuse an application on spurious grounds

[islandgirl]

Des8 is absolutely correct in my view. It is an opinion. The OP wrote
Although the PC has a relatively minor voice they do indeed have an official platform and their opinion does have some power.
As a Parish Councillor I think the public think we have more power and influence than we do....

[Timbo2022]

Des8 is absolutely correct in my view. It is an opinion. The OP wrote
Although the PC has a relatively minor voice they do indeed have an official platform and their opinion does have some power.
As a Parish Councillor I think the public think we have more power and influence than we do....

I like my PC, apart from this Application they have performed impeccably for 20 years and I respect the service of the Councillors.

In terms of their power, there is an asymmetry noticable. Whilst their objections are frequently over-ruled (as Planners see nimby complaints for what they are), their support has real value and is worth seeking. I don't ever recall seeing an Application rejected where the PC has supported it.

[islandgirl]

You are lucky! I have personally represented the PC in a planning committee meeting speaking on behalf of residents who were fully supported by the PC and the application was rejected. Additionally, if the PC is so "against" this development how can your complaint about the use of the word "bribe" change their mind? It will serve surely to entrench their position. The only way is to go and present to them again and ask them to change their mind. Presumably their view has gone to the planners and it is too late (unless their is an appeal) in which case you can present your case. Causing a furore about the use of one word may well not assist you in that endeavour!

[Timbo2022]

Additionally, if the PC is so "against" this development how can your complaint about the use of the word "bribe" change their mind? It will serve surely to entrench their position.

I am challenging their entire Comment in several places, it was the law of Defamation part I needed help with.

As for entrenching their position I'm afraid that ship has sailed for this matter. I am very careful and polite to them, I know them to be sensible people generally, I think that this application was just completely beyond their understanding and they simply parroted the worst, puffed up language, of the nimby's.

As you are also a Councillor though maybe you can offer some further advice...

They have admitted to me outside the meeting, that they now realise a key part of the Comment is completely untrue. (I have an audio recording of the admission as I had planned to record the whole meeting for later review but I caught the conversation as I introduced myself just before the meeting started.) They would not repeat the admission in the meeting, presumably so it would not be minuted.

They have told me they cannot redact any part of the Comment without holding another public meeting and announcing it ahead of time etc.

So the situation is that they currently support a Public comment, that they know is wrong, that they could change, but refuse to do anything about.

I have suggested this is against the obligations in their Code of Conduct. They are now stonewalling me.

I would be happy if they would withdraw the whole Comment and start a new consultation. I would hope those Councillors associated closely with the original Comment might then recuse themselves.

Maybe this is all far too much effort for a silly PC matter, I'm just trying to do everything possible to minimise opposition.