Councillors told they may not be able to take part in North West Relief road debate

An advisory note, prepared by a barrister instructed by the council, has been issued to members of the authority’s northern planning committee ahead of a crunch meeting to decide the controversial plans next Tuesday.

The note warns that it would be problematic for members who also sit on Shrewsbury Town Council to take part in the debate and vote, as a result of the town council’s opposition to the scheme.

It has been met with criticism from the councillors involved, who have pointed out that it is not unusual for councillors to sit on both Shropshire Council and their local town or parish council, and that this has never previously been an issue.

The document, from barrister Christian Hawley of No5 Chambers, says if any councillor involved in the vote is perceived to have pre-determined the application, the authority could face a judicial review.

It says: “Not only do such proceedings have the potential to cost considerable sums of money, even if successfully defended, but additionally carry the risk, dependent upon the particular circumstances, of reputational damage and the erosion of public confidence in the planning system.”

“Local councillors, including those tasked with determining planning applications, will often have publicly expressed views about particular applications or particular types of application.

“That is not, of itself, a bar to participating in the determination of such applications provided that the task of determination is approached with an open mind.”

The document references a motion passed by the town council’s planning committee in May 2021, which stated members objected to the current planning application and “pledge to do all in our power to oppose any further associated developments”.

“Such a ‘motion’ is not one of simply expressing an opinion but goes beyond that – it is a statement to do everything possible to oppose the scheme. That would plainly include voting against the scheme should the opportunity arise. It is a position which speaks of a closed mind and not the required open mind.”

Three planning committee members – councillors Julian Dean, David Vasmer and Nat Green – are on the town council and voted to support the motion in May 2021.

Councillor Green was already unable to take part in next week’s debate as the road would pass through his Quarry and Coton Hill division, and council rules prevent members from voting on applications within their own ward boundaries.

Councillor Dean said: “It flies in the face of democracy that Conservative councillors who flag-wave for the road and who often suggest benefits for it, for which there is absolutely no evidence, will be allowed to debate and vote on this decision, whilst those of us who have come to an evidence-based conclusion that this scheme does not meet any sensible person’s ‘sustainability’ test are being told they can’t.

“I have not yet decided whether to continue to press this point right up to the meeting. I will be discussing with others what’s the best way to ensure the views of objectors are properly accounted for in the committee discussion.”

Councillor Vasmer said he was “disgusted” to receive the barrister’s letter and had written to Tim Collard, the council’s monitoring officer, outlining his concerns.

He said: “It undermines the whole basis on which the town council planning committee operates.

“We can take a decision on the matter as a town council, and as far as Shropshire Council is concerned that’s put in the past and we can then look at the evidence presented at the northern planning committee, and review it again without prejudice.

“I think the procedure is there for us to consider the North West Relief Road.”

The meeting gets underway in the council chamber at Shirehall at 2pm on October 31.