Do threats to health justify refusals of planning permissions - ??

The request was partially successful.

AB WELFARE & WILDLIFE TRUST

Dear DoH&SC.,

We request the following information, all of which relates to changes since the implementation of relevant parts of the Health & Social Care Act 2012 and subsequent legislation, policy and guidance:-

(1) copies of internal communications, since our URGENT email was sent to PSPHPC[at]dhsc.gov.uk and received at 16:02 on the 16 July 2019, entitled "URGENT - local authority public health duties - threat to pioneering bereavement project";

(2) copies of information and guidance issued to any Directors of Public Health, on the role if any, which they (a) could and should and (b) must play, in connection with planning applications designed to protect and promote health and wellbeing, e.g. so as not to exacerbate disabling anxiety, depression and suicidal thoughts and urges.

(3) whether in relation to (2) above, Directors of Public Health should not or must not advise Local Planning Authorities on small scale projects which might only protect and promote the health of a few dozen or few hundred people, rather than hundreds of thousands;

(4) copies of information and guidance issued to any Local Planning Authorities, on circumstances when they could, should and must reject planning applications, in order to protect and promote mental and physical health, e.g. so as not to exacerbate disabling anxiety, depression and suicidal thoughts and urges.

Background Information

Substantive information has been provided in our URGENT email of the 16 July 2019 with confidential photographs of children being helped in innovative and therapeutic ways, to cope with their grief after devastating bereavements.

It appears that a significant proportion of damaging and destructive planning permissions are being granted, because Local Planning Authorities which do not have Local Plans, believe the government requires them to build houses almost anywhere and everywhere.

That is now posing an acute threat to the security and viability of our pioneering bereavement work. It appears that our Local Planning Authority is not sure whether the protection of health and wellbeing, are sufficient to justify refusals of planning applications.

Some planning permissions are being granted, because Local Planning Authorities fear refusals will results in considerable costs in defending appeals. Consequently, many of those we have helped to cope with bereavements, raised £100,000 to enable Harrogate Borough Council to defend an appeal, if the planning application is refused, which threatens the survival of our work. However, that defence fund has been returned, one reason being that the local authority is able to raise sufficient funds when "necessary". That may mean not defending some appeals and allowing them to be won by default.

Our Director of Public Health has responded sensitively to our concerns. However, he sees his role as being confined to large scale policy matters, which concern "the overall health and wellbeing of the whole population".

By contrast, the Department of Health & Social Care has stated that the role of Director of Public Health, "offers a great opportunity to ... influence and support ... planning officers", (DoH., 2011, 'Public health in local government').

That was refined in 2014 by the Ministry of Housing, Communities & Local Government, when it stated that, "Local authority planners should consider consulting the Director of Public Health on any planning applications (including at the pre-application stage) that are likely to have a significant impact on the health and wellbeing of ... particular groups ...", ('The role of health and wellbeing in planning').

The notion of "any" planning applications can reasonably be understood to apply to that which threatens our survival, even though it does not threaten the "whole population" of the largest county in England.

Yours faithfully,

John Bradfield .
Former Medical, Psychiatric & Child Care Social Worker & Tutor.
Former Mental Health Campaigner & MH Review Tribunal Representative.
Campaigner and Writer on Bereavement Issues, Related Law & Practice.

CORRECTIONS

Questions 2 and 3 have been corrected but for ease of reference, please treat those below as the correct and full set:-

(1) copies of internal communications, since our URGENT email was sent to PSPHP[at]dhsc.gov.uk and received at 16:02 on the 16 July 2019, entitled "URGENT - local authority public health duties - threat to pioneering bereavement project";

(2) copies of information and guidance issued to any Directors of Public Health, on the role if any, which they (a) could and should and (b) must play, in connection with planning applications which threaten the very survival of services, designed to protect and promote health and wellbeing, e.g. planning applications which risk causing or exacerbating disabling anxiety, depression and suicidal thoughts and urges.

(3) whether in relation to (2) above, Directors of Public Health should not or must not advise Local Planning Authorities on planning applications that threaten the very survival of small scale services, which might only protect and promote the health of a few dozen or few hundred people, rather than hundreds of thousands;

(4) copies of information and guidance issued to any Local Planning Authorities, on circumstances when they could, should and must reject planning applications, in order to protect and promote mental and physical health, e.g. so as not to exacerbate disabling anxiety, depression and suicidal thoughts and urges.

No changes have been made to the Backgound Information.

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Department of Health and Social Care

1 Attachment

Dear Mr Bradfield,

Please find attached the Department of Health and Social Care's response
to your recent FOI request. (our ref: FOI-1184968) 

Yours sincerely,

Lauren Der 

Freedom of Information team
Department of Health and Social Care

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Department of Health and Social Care

6 Attachments

Dear Mr Bradfield,

Please find attached the Department of Health and Social Care's
updated response to your recent FOI request. (our ref: FOI-1184968) 

Yours sincerely,

Lauren Der 

Freedom of Information team
Department of Health and Social Care

show quoted sections