Temple Lake Planning Mistakes: Compensation and Costs Incurred by the Council

David Cameron made this Rhyddid Gwybodaeth request to Broxtowe Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Mae'r cais yn aros am eglurhad. Os David Cameron ydych chi, os gwelwch yn dda, mewngofnodi i anfon neges ddilynol.

Dear Broxtowe Borough Council

Temple Lake Planning Mistakes by Broxtowe Borough Council Planning and Building Control Committee: Compensation and Costs Incurred by the Council

I am writing to request information about the costs incurred by Broxtowe Borough Council (and hence Council Tax Payers) of the errors in proper planning procedures by the Planning Department of Broxtowe Borough Council since 2002 in the Temple Lake case.

Specifically, I wish to know:

a. The external legal costs (barristers, solicitors fees etc.) paid by the authority for errors in handling this case.
b. The compensation and damages paid to complainants in this case.
c. The internal (administrative, legal and planning department) costs in dealing with this sorry episode.

Please inform me whether the costs and compensation incurred by the Council were awarded against the Chief Executive Officer; other Officers (e.g. in the Planning and Building Control Department); or against elected councillors on the Planning and Building Control Committee or whether all these expenses fell upon the shoulders of the Council Tax Payers of Broxtowe.

Please supply me with the relevant reports, minutes, resolutions etc. which the Council has in its possession relating to the Temple Lake case and the errors in planning procedures which precipitated it.

Yours faithfully

David Cameron

Broxtowe Borough Council

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Broxtowe Borough Council

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foi, Broxtowe Borough Council

Dear Mr Cameron

Thank you for your request. I must apologise that it has not been acknowledged before now.

You will receive a reply as soon as possible and in any event by 13 February 2013 at the latest. Please contact me if I can be of any help in the meantime.

Regards

Sue
______________________________________

Sue Rodden
Head of Administrative Services

Broxtowe Borough Council
Council Offices
Foster Avenue
Beeston
Nottingham
NG9 1AB

Tel: 0115 9173295
Fax: 0115 9173131
www.broxtowe.gov.uk

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Rodden, Sue, Broxtowe Borough Council

11 Atodiad

Dear Mr Cameron
I have just had a message to say that my original e-mail could not be delivered. I am therefore re-sending it in 3 parts with a number of attachments in each.
If there are any further difficulties when you receive them, please let me know.
Regards
Sue

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Rodden, Sue, Broxtowe Borough Council

11 Atodiad

[Subject only] FW: Freedom of Information request - Temple Lake Planning Mistakes: Compensation and Costs Incurred by the Council

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Rodden, Sue, Broxtowe Borough Council

9 Atodiad

Part 2

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Rodden, Sue, Broxtowe Borough Council

7 Atodiad

Dear Mr Cameron

I’ve had to split the documents down further – 1 more to come now.

Regards

Sue

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Rodden, Sue, Broxtowe Borough Council

4 Atodiad

  • Attachment

    DC report 07.12.05 CONSTRUCT DETACHED DWELLING AND DOUBLE GARAGE RE SUBMISSION.pdf

    676K Download View as HTML

  • Attachment

    DC report 10.09.03 DEMOLISH EXISTING BUILDING AND CONSTRUCT NEW DWELLING WITH GARAGE REVISED SCHEME.pdf

    733K Download View as HTML

  • Attachment

    DC report 14.04.08 APPEAL DECISIONS.PDF.pdf

    98K Download View as HTML

  • Attachment

    DC report 15.02.06 CONSIDERATION OF ENFORCEMENT ACTION.PDF.pdf

    479K Download View as HTML

Dear Mr Cameron

I had received a message when I got in this morning that my last e-mail
could not be delivered so I’m splitting the files down further.  Another
e-mail will follow.

Regards

Sue

DISCLAIMER:
This email and any attachments are confidential and intended solely for
the use of the individual to whom it is addressed. If you are not the
intended recipient be advised that you have received this email in error
and that any use, dissemination, forwarding, printing or copying of this
email is strictly prohibited.
If you have received this email in error please contact the IT Service
Desk at Broxtowe Borough Council on [email address] or
telephone 0115 917 3194.
Senders and recipients of email should be aware that, under current
legislation, the contents may be monitored and will be retained. The
contents of the email may have to be disclosed in response to a request.
This disclaimer confirms that this email message has been swept for the
presence of computer viruses.

Rodden, Sue, Broxtowe Borough Council

Dear Mr Cameron

I’ve spoken to IT about the problem sending out the reports & it does not
look as though I will be able to e-mail the largest one to you as it’s
17mb & even zipped, it’s unlikely that it will be delivered.  I could post
a copy out to you – if this is acceptable, would you let me have a postal
address, please.

Many thanks

Sue

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foi, Broxtowe Borough Council

1 Atodiad

  • Attachment

    DC report 19.10.05 CONSTRUCT DETACHED DWELLING AND DOUBLE GARAGE REVISED SCHEME.pdf

    587K Download View as HTML

Dear Mr Cameron

This is the final report apart from the large document which I have
e-mailed about separately.

Regards

Sue

DISCLAIMER:
This email and any attachments are confidential and intended solely for
the use of the individual to whom it is addressed. If you are not the
intended recipient be advised that you have received this email in error
and that any use, dissemination, forwarding, printing or copying of this
email is strictly prohibited.
If you have received this email in error please contact the IT Service
Desk at Broxtowe Borough Council on [email address] or
telephone 0115 917 3194.
Senders and recipients of email should be aware that, under current
legislation, the contents may be monitored and will be retained. The
contents of the email may have to be disclosed in response to a request.
This disclaimer confirms that this email message has been swept for the
presence of computer viruses.

Rodden, Sue, Broxtowe Borough Council

1 Atodiad

Dear Mr Cameron

 

Further to my e-mail of 13 February 2013, I enclose the further report
which was submitted to cabinet in respect of Temple Lake.   In respect of
the report not previously released which was submitted to the Development
Control (DC) Committee, it has been decided that this should not be
released  on the grounds of s42 - legal professional privilege.  In
reaching this decision, the public interest test has been applied and it
has been concluded that the public interest in maintaining the exemption
outweighs the public interest in disclosure.

 

If you are not satisfied with the decision to withhold the DC Committee
report, you can ask for it to be reviewed under the Council’s complaints
procedure, details of which can be found at:

 

[1]http://www.broxtowe.gov.uk/index.aspx?ar...

 

If you remain dissatisfied following the internal review, you can ask the
Information Commissioner to take a decision under s50 of the Act.

 

Please contact me if I can be of any further help.

 

Regards

 

Sue

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Dear M/s Roden

Thank you for your reply of 15th February 2013. I note that between 2003 and as late as September 2011 the Cabinet of Broxtowe Borough Council and its Development Control Committee met at least 43 times to discuss the repercussions of the Council's maladministration in the Temple Lake Planning Application affair. In what should have been a routine Planning Application, massive internal expenditure of officer time etc. must have been incurred by Council Taxpayers. More importantly, substantial expenditure on external legal consultants and other professional fees as well as substantial compensation to the party who sued the Council for its maladministration must have also been incurred by Council taxpayers.

It appears from the documents you have provided that these external costs included expenditure on a QC (Ian McLaren) to produce a detailed report on the Council's failures; further legal fees to Ian Dove QC and Mr David Tydsley to represent the Council at the ensuing Temple Lake Enquiry; costs to engage Trevor Roberts Associates "to conduct a review of procedures within the planning section to identify and address any shortcomings identified as a result of this case". In addition, Council Taxpayers paid for "an independent report... commissioned of a Chartered Surveyor in Ashby de la Zouch" as well as involving the Local Government Ombudsman and the District Valuation Service to determine the amount of compensation to be paid to those adversely affected by the Council's maladministration.

All this flows from the documents you forwarded and the external costs incurred clearly ran into many, many tens of thousands of pounds.

However my central Freedom of Information request remains unanswered, namely:

Specifically, I wish to know:

a. The external legal costs (barristers, solicitors fees etc.) paid by the authority for errors in handling this case.
b. The compensation and damages paid to complainants in this case.
c. The internal (administrative, legal and planning department)costs in dealing with this sorry episode.

Please inform me whether the costs and compensation incurred by the Council were awarded against the Chief Executive Officer; other Officers (e.g. in the Planning and Building Control Department); or
against elected Councillors on the Planning and Building Control Committee or whether all these expenses fell upon the shoulders of the Council Tax Payers of Broxtowe.

Yours sincerely,

David Cameron

foi, Broxtowe Borough Council

12 Atodiad

Dear Mr Cameron

Thank you for your message. I have enclosed a copy of my reply sent 15 February 2013 which sets out the financial information requested below.

Regards

Sue
______________________________________

Sue Rodden
Head of Administrative Services

Broxtowe Borough Council
Council Offices
Foster Avenue
Beeston
Nottingham
NG9 1AB

Tel: 0115 9173295
Fax: 0115 9173131
www.broxtowe.gov.uk

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