Agenda item

To consider the Stansted Airport appeal decisions: the Council's Application for permission to apply for a Planning Statutory Review.

The Chief Executive spoke to the report, which outlined that the application for permission to apply for a statutory planning review has been refused, and that the council was required to decide urgently whether to renew its application. He said all of the details contained in the report were in the public domain and could be debated this evening.

Councillor Lees proposed to accept the judgement of The Honourable Mrs Justice Lang DBE. She said she did so with a heavy heart but it was time to bring legal proceedings to an end.

Councillor Evans seconded the proposal.

The Chair invited Councillor Freeman to assist with chairing duties for this evening, as Councillor Gregory, who had temporarily deputised the evening before, had to depart during the meeting.

Councillor Fairhurst proposed an amendment as follows:

1. This Council is extremely disappointed that its application to the High Court for permission to apply for a planning statutory review has been refused;
2. It considers that the responsibility for the failure lies with key Members from the Administration party. In the interest of proper accountability, the Council calls upon the Leader, Deputy Leader, the Portfolio Holder for Planning and the Chair of Planning Committee to resign primarily because of their abject failure to oversee the defence of the unanimous of the Planning Committee in January 2020 to refuse permission to London Stansted Airport to expand to 43mppa. This has cost council taxpayers in Uttlesford in the region of £2.5 million.
3. On condition that this calls for resignations is endorsed, Council resolves to cease legal action related to the airport appeals process.

The Chief Executive noted that the printed amendment had been signed by eleven councillors, overriding rule 13.2 ‘Motion similar to one previously rejected’ which stipulated that a motion or amendment similar to one rejected within the past 6 months had to be signed by a quarter of Council (ten members) in order to be heard.

The Chair adjourned the meeting at 7.09pm to allow members to read the tabled amendment.

The Chair reconvened the meeting at 7.12pm.

Councillor Fairhurst spoke to his amendment. He said this was a disaster. The Planning Committee had made a decision to refuse the Stansted Airport expansion application in January 2020 and its decision had not been defended adequately through the appeal process. Voices of concern had been shut down and questions asked of the leadership remained unanswered. He said the leadership now had to take responsibility for the £2.5 million wasted in legal costs and resign.

Councillor Gregory said Councillor Fairhurst had shown great passion and commitment to this matter but the council had already considered a vote of no confidence, and he questioned whether this met the relevant threshold to call for resignations. He said there needed to be recognition of collective responsibility here, with particular attention paid to the Scheme of Delegation and its operation. This was not simply about the failure of individuals. He could not support the amendment as it was aimed at the wrong targets.

Councillor Gregory left the meeting at 7.20pm.

In response to a comment from Councillor Barker regarding the Leader’s absence, Councillor Lees said events had moved at such speed that he had been unable to return from abroad in time for the meeting.

Councillor Smith said the notion that this was a failure of central Government was an abdication of responsibility. This was council taxpayers’ money and the leadership needed to be held accountable. This was not money to be “frittered away” and could have been put to good use elsewhere.

Councillor Reeve said he did not consider that the money had been wasted; it had been worth defending the decision of the Planning Committee. He proposed that the question now be put.

The Chair said he would not take this to a vote as there were members still wishing to speak and he felt the matter had not yet been fully discussed.

Members continued to discuss the amendment. In summary, the following comments were made:

• The Scrutiny Committee were already scheduled to look at the matter of the appeal process.
• The legal defence had been delegated to officers.
• It was wrong for leading members of the Administration to hide behind officers.
• Non-leading Members had not been kept informed of details relating to the legal defence.
• A lack of accountability, leadership and competence were the issues that had led to a call for resignations.
• The amendment was political theatre, akin to Westminster politics.
• Climate Change was the greatest threat facing people today and the Planning Committee had been morally right to reject the Airport’s application to expand passenger numbers.
• The Planning system was “statist” and policy was largely dictated by central government for high profile applications.

Councillor Caton, who had seconded the amendment, said the main issue had not been addressed; the Planning Committee’s decision to refuse the application had been changed by the time of appeal to an approval with conditions. Political responsibility could not be abdicated and the amendment was seeking to ensure relevant members were held accountable.

Councillor Fairhurst said this was not a political statement, it was simply about good governance and holding those with responsibility to account. He called for a recorded vote on the amendment.

The amendment fell with 12 votes for and 19 against.

Councillors Fairhurst and Light said they would not participate any further in the meeting.

Councillors Light and Fairhurst left the meeting at 8.18pm and did not vote on the substantive motion.

The Chair moved to a vote on the substantive motion. Councillor Lees read out the recommendation stated in the report.

The recommendation was carried with 28 votes for, none against and one abstention.

RESOLVED to accept the judgement of The Honourable Mrs Justice Lang DBE.

The Chair closed the meeting at 8.20pm.