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Sunday 13 December 2009

Planning and Kilmuir Rules

An article in The Times some weeks ago discussed possible changes in the Kilmuir Rules. I first heard of these when Judge James Pickles was making a fool of himself in the early 1990s. Basically, a late 1950s Lord Chancellor, Lord Kilmuir, issued guidance that Judges shouldn't comment on cases that they had tried as it might damage the reputation of the judicary. This understanding is under greater pressure as a result of political and media comment on the cases.

It seems to me that there is a parallel issue with local authority planning. Controversial planning applications frequently become part of political debate, yet members of the Planning Committee can't really comment on them for fear of appearing biased. This creates a gap for their opponents to portray them as in favour of anything controversial without rebuttal. Sometimes, as in the case of the Liberal Democrats and the Copland School application, unscrupulous people can suggest a party line in favour of a controversial development.

Apparently, the Danish judicary employ a "media judge" to discuss cases with the media, which would throw the Kilmuir Rules out the window.

I can't imagine that working with our planning system, but the whole area lessens confidence in the planning system, political parties and local government in general. It is another case of political parties, here in Brent the Liberal Democrats in particular, damaging the reputation of politics in the hope of short term gain.

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