BAA/27

NOTE TO THE INQUIRY

Uttlesford District Councillors’ membership of SSE during the period 2002-2007

Background

1. During the cross-examination of Mr Peter Sanders by Michael Humphries Q.C. on Tuesday 17 July, Mr Humphries explained

“Q: I believe that out of the 14 members that took the decision on 29th November [2006] ten of them had been SSE members. Do you know if that is right?

A: I don’t know if that is right, but it is quite possible.

Q: What I am going to do, and I won’t ask you to do it now, but I am going to hand you a list later of the ten members of the Council who I think were SSE members. Could you just check your records?

A: Yes.

Q: And confirm for me if those were and if they weren’t, which ones were. Would you do that for me?

A: Yes”.

Page 56 line 23 to page 57 line 9 of the Transcript for 17.07.07.

2. SSE responded (CD/551) to that request by confirming which ten Councillors had been members of SSE, as follows:

i. Boland

ii. Cant

iii. Cheetham

iv. C Dean

v. Down

vi. Godwin

vii. Harris

viii Lloughlin

ix. Menell

x. Thawley

3. Of the list of ten names SSE explained that nine had been members of SSE at some point since 2002, and four were members at or after 26 April 2005.

Matters leading up to the Full Council meeting on 26 April 2005 and the withdrawal of SSE membership

4. From 28 November 2002 until 26 April 2005, in eleven council meetings, including Development Control Committee (‘DCLC’) meetings and including a meeting of the full Council held on 26 April, a number of Councillors declared their membership of SSE. The following Members of the DCLC as at 26 April 2005 who refused permission for G1 on 29 November 2006 had previously declared membership of SSE. The dates against the names identify the date of the last Declaration given:

i. Boland 26 April 2005.

ii. Cant (then Chairman of DCLC) 26 April 2005.

iii. Cheetham (now Chairman of DCLC) 26 April 2005.

iv. C Dean (then Vice Chairman of DCLC) 2 Feb 2005.

v. Down 26 April 2005.

vi. Godwin (now Vice Chairman of DCLC) 26 April 2005.

vii. Harris 26 April 2005.

viii. Loughlin 2 Feb 2005.

ix. Menell 26 April 2005.

x. Thawley 2 Feb 2005.

(A total of ten members, including the Chair and Vice Chair, out of the 14 who were present to vote at the 29 November 2006 meeting - see paragraph 7 below.)

5. The significance of the date of 26 April 2005 is that BAA understands that, on that date, a full meeting of the Council was called, in private, to consider a report from the ‘Executive Manager – Corporate Governance’ setting out legal advice concerning Councillors’ membership of SSE. That report was minuted as‘Guidance to Members regarding membership of SSE’.

6. When cross-examined by Mr Humphries on the content of CD/33.4 – the Minute of the 29 November 2006 meeting which records that a number of Councillors declared an Interest but no SSE memberships were declared, Mr Sanders explained that “When the application – several members of the Council had been members of SSE, but when the application [the G1 Planning Application] was made and the councillors realised they would have to be making a decision on that application, then they resigned from SSE”. (Transcript for 17.07.07, page 54, line 24 to page 55, line 25)

The Extraordinary Development Control Committee on 29 November 2006 to determine the G1 Planning Application

7. The Council Minute of this meeting records that the following 14 Councillors were present and voted:

i. Abrahams.

ii. Boland.

iii. Cant (then Chairman).

iv. Cheetham.

v. C Dean (then Vice Chairman).

vi. Down.

vii. Freeman.

viii. Godwin.

ix. Harris.

x. Jones.

xi. Loughlin.

xii. Menell.

xiii. Miller.

xiv. Thawley.

8. Declarations of Interest were made by Councillors. The Minute records that no Declarations of membership of SSE were made.

Extraordinary Development Control Committee Meeting of 5th September 2007

9. This meeting was called to enable the Director of Development to reconsider the decision taken on 29 November 2006 in the light of the up to date position in respect of mitigation. The Committee considered a Report from Officers that discussed the potential obligations and conditions that had now been discussed with BAA. The Committee was asked to confirm whether or not the mitigation that had been discussed would have resulted in the omission of any reason for refusal to the decision taken on 29 November 2006, or the application being approved.

10. The Minute records that the Committee concluded that with the exception of Reason for Refusal 5 relating to water efficiency, there was nothing in the proposals that would have altered its decision on the G1 Planning Application.

11. There were 14 Councillors at that DCLC meeting. Of those 14 Councillors, three of them declared a personal interest as a current member of SSE:

i. Cheetham (Chairman).

ii. C Dean.

iii. Godwin (Vice Chairman).

12. It can be noted that these 3 DCLC Members were:

i. SSE members prior to 26th April 2005 (see paragraph 4 above).

ii. Members of the DCLC that determined the G1 Planning Application, but having by then rescinded membership of SSE (see paragraph 7 above).

iii. Minuted as voting to refuse the grant of planning permission for G1 together with the other Members at the 29 November 2006 Committee.

iv. Minuted as accepting, together with the other Members in attendance (see paragraph 13 below) the Officer’s recommended Resolution at the Committee meeting of 5 September 2007.

13. The other Councillors in attendance were:

iv. Abrahams.

v. Cant.

vi. Clover.

vii. Down.

viii Eden.

ix. Menell.

x. Miller.

xi. Perry.

xii. Salmon.

xiii. Smith.

xiv. Wells.

14. The Council’s Register of Disclosures and General Notices (required under sections 94-98 of the Local Government Act 1972) sets out the dates when Councillors Cheetham, Godwin and C Dean first re-declared membership of SSE:

i. Cheetham declared membership of SSE on 22nd January 2007.

ii. Godwin declared membership of SSE on 25th April 2007.

iii. C Dean declared membership of SSE on 23rd May 2007.

15. Following the local elections of May 2006 Councillors registered their interests in the Council’s Members’ Interest Book. The following Members of the new administration registered a personal interest as a member of SSE:

i. Cheetham (current Chair of DCLC and member of DCLC that determined the G1 Planning Application in November 2006).

ii. Godwin (current Vice Chair of DCLC and membership of DCLC that determined the G1 Planning Application in November 2006).

iii. C Dean (Vice Chair of DCLC that determined the G1 Planning Application in November 2006 and current Chair of the Council).

iv. Gaylor (Leader of the Council in the previous administration).

v. Ketteridge (current Leader of the Council).

vi. A Dean.

vii. Foley.

viii. Hudson.

ix. Sadler.

x. Wells.

xi. Wilcock.

16. Attached to this note are copies of Minutes of various UDC meetings relating to the above issues.

1