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Proposed Main Modifications
MM001 - Delete paragraph - about this consultation
Representation ID: 7888
Received: 15/02/2019
Respondent: Mr Barry Brown
Legally compliant? No
Sound? No
Duty to co-operate? Not specified
See attached
Subject: Modification Objection - Hundreds of Representors Lost from the Examination Process.
Modification: MM001 - p.0
Page LP 1: 0
Policy/Paragraph: About this consultation
Inspector's Proposed Modification: Delete
Inspector's Reason/source: For INSERTED: effectiveness; Consultation has occurred
THIS REPRESENTOR'S ARGUMENT AGAINST THIS PROPOSED MODIFICATION:
Our community estimates there to be between 99 - 195 people who made their objections/representations at Regulation 19. However the Council failed to publish those same objection statements.
If you find this respondent's name not upon the list of Representors for the Examination, then it is highly likely that this writer is amongst those respondents also wrongly excluded from participation after Regulation 19. This is something you will need to investigate thoroughly for yourself on an individual case by case basis.
I want this representation published along with all the others on the Examination Documents Library.
As a result sum 99-195 participants (residents of East Luton and North Hertfordshire) have been left out of all communications from the Council thereafter.
Furthermore the Inspector also failed to inform these representors of their right to participate at Regulation 22.
The basis for modification MM001 therefore cannot apply, so this Paragraph referred to in MM001 should not be removed.
The reason it should not be removed is because Consultation has not yet occurred for a very large number of representors who did make their objections known to the Council at Regulation 19.
This is unacceptable and we demand action to be taken immediately.
The action must be that this Consultation now be halted whilst detailed investigation is conducted to establish exactly who was left out of the Examination Procedures at Regulation 22, why and who was responsible for excluding them. Then they must be repeated so that everyone is included from the rightful time that they should have been in the first place.
We inform you that this exclusion of so many Consultees is reason enough to declare this Consultation as voidable.
Stakeholders have had their constitutional consultation rights denied them. We declare your Consultation as voidable.
Having been entirely left out of the Examination Consultation and participation process at Regulation 22, they were also denied all opportunity to put in any of their further "Matter Statements" at the start of this Examination. Consequentially they have also been left out of this current Modification Consultation.
We do not accept that a Consultation has occurred therefore. We also do not consent to this Consultation proceeding without all representors' participation in it.
Consultation stills needs to occur for these people, but it hasn't. Yet it must.
Therefore you are wrong to say that "Consultation has occurred". You would be wrong to let it continue to not occur for them.
This shocking event has occurred and leaves a heavy pressing question mark hanging over the already shadowy legitimacy of North Herts District Council's Local Plan and the hidden plans of its architects.
The Consultation cannot continue without all representors who made their views known in writing at Regulation 19. These representors must be afforded their due rights for fair Consultation at all stages beyond Regulation 19, under the Town and Country Planning Act and other Laws.
For this reason it is our urgent demand to the Inspector, and Secretary of State, and our MPs - that this Consultation be immediately suspended; until the exact numbers left out of this Consultation can be clearly identified and established. Also that the person/s responsible for this unacceptable breach be clearly identified. And their motifs for removing such a huge number of representors be brought to the forefront for examination.
We are trying to establish the exact number of representors who were left out of the Consultation process, but the current number is running at, at least 74; with numerous additional people surfacing. But this is your job not ours' to investigate what has gone wrong. And you will need time to do that. So this Consultation must be suspended.
The claim is that after making their representations at Regulation 19 between 99-190 people heard nothing from the Council and their Objections letters remain absent from the Council's website.
All members of the Public and stakeholders must be allowed by Law to participate in every stage of a Public Consultation without discrimination. Any Inspector judging the soundness of a Plan's preparation would know that it is simply not sound preparation by anyone's standards - to leave any, let alone such a huge number of Objectors out!
The respondents to Regulation 19 WHO OBJECTED TO EAST OF LUTON (EL1, EL2, EL3) have incurred the loss of being wrongfully removed from participation to the hearing include, but are not limited to these 74 people at least:-
NAMES REMOVED FOR GDPR.
It seems very suspicious that all of the removed Representations were OBJECTIONS.
It also seems very suspicious that all of the removed Representations are against the largest and most controversial Proposed Strategic Site East of Luton.
Apparently the Consultation at Regulation 19 was occurring at the same time that North Herts Planning Managers were claiming there to be technical difficulties with their email and website portals.
However I am sure that they would not use this as any sort of excuse to disguise removal of hundreds of Representors and lose them from the entire Examination process.