Our Complaint To CCC Re: Cllr Pooley
Our Complaint
I am writing to complain in the strongest terms about the conduct of Cllr Graham Pooley, in relation to Hamptons Sports and Leisure Club, Tydemans, CM2 9FH.
Included within information provided under FOIA reference 4309606 was an email dated 26/6/20 from Ayman Syed (Chelmsford Muslim Society) to Town Planning, in reference to submission of their future plans for the use of the building, in which it states :
“I’ve also seek help from Councillor Pooley to review my notes to ensure they made sense. It’s taken him a couple of weeks to review”
I believe Cllr Pooley has breached the following parts of the Chelmsford City Council Councillors Code of Conduct (12/07/17):
5.1.1.2.1.11 In your decisions and actions apply the principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership and, as far as reasonably possible, assist the Council to act within the law.
Cllr Pooley has offered material planning advice to Ayman Syed (acting for the Chelmsford Muslim Society). There have been no planning applications submitted for this premises, nor have any formal documents been submitted as part of pre-application advice or prior approval.
This is clearly against LGA Guidelines, as only officers should arrange any meetings, attend these with councillors and make a written record of the meeting placing this note on the case file. Notes should record issues raised and advice given. If there is a legitimate reason for confidentiality regarding a proposal, a note of the nonconfidential issues raised or advice given can still normally be placed on the file to reassure others not party to the discussion.
The Localism Act 2011 is also quite clear on this and suggests:
“Councillors avoid giving separate advice on the development plan or other material planning considerations, as they may not be aware of all the issues at an early stage. Councillors should not become drawn into any negotiations, which should be done by officers (keeping interested councillors up to date) to ensure that the authority’s position is co-ordinated.”
Not only has Cllr Pooley breached LGA/Localism Act guidance, but he has also failed to note any telephone conversations, or relevant emails to pass onto the Planning Officers to record.
His actions could be considered as pre-determination should any formal planning applications be submitted for the Hamptons Sports and Leisure Club. 5.1.1.2.1.5 (ii) Not obstructing third parties’ legal rights of access to information.
I have made a number of FOIA requests relating to correspondence between CMS and councillors and officers, and received the following responses from John Breen (Information Governance Manager and DPO), extracts from these responses are as follows:
1. FOIA Reference 4628918 – John Breen Email 5/2/21
“I have now heard back from Councillor Pooley and he has carried out searches and has not located any recorded information regarding contact with the Chelmsford Muslim Society in relation to Hamptons Sports and Leisure Centre during the specified period”.
2. FOIA Reference 4628918 – John Breen Email 5/2/21
“Under advice and assistance to you under the Freedom of Information Act 2000 and Environmental Regulations 2004, I can confirm that Councillor Pooley has had telephone conversations with Ayman Syed to clarify the Planning procedure and Licensing procedure with the Chelmsford Muslim Society during the period specified”.
3. FOIA Reference 4628918 – John Breen Email 8/2/21
“I can confirm that there is no written record of the telephone calls. If the Council were to withhold information, I would specify the reason(s) for withholding in line with the relevant legislation. In this situation, no recorded information is held”.
I would also note that no information was returned regarding correspondence between Cllr Pooley and CMS on other similar FOIA requests for any such information on record, for any councillor or officer, for the following date ranges:
FOI 3704817 – 01/04/19 to 30/01/20
FOI 4260821 – 31/01/20 to 15/05/20
FOI 4309606 – 16/05/20 to 05/08/20
FOI 4698172 – 06/08/20 to 15/11/20
Having seen the meticulous nature of Cllr Pooley’s work on the Planning Committee, I consider it extremely unlikely that he has no recorded information or notes stored on his system, and any reasonable person would conclude that he has some reason for deliberately withholding the information. It is clear he received and considered detailed plans sent to him by Ayman Syed.
5.1.1.2.1.6 Not conduct yourself in a manner which is likely to bring the Council into disrepute.
Cllr Pooley has offered inappropriate material planning advice, and has denied third parties legal right to access information. Cllr Pooley has denied he has any records of “contact with the Chelmsford Muslim Society in relation to Hamptons Sports and Leisure Centre”. I believe this is untrue. By his own admission he had telephone conversations with Ayman Syed, but made or kept no notes. I dispute his assertion that the purpose of the telephone conversations was to “clarify the Planning procedure and Licensing procedure”.
Even if this were true, Cllr Pooley is not the ward councillor for Great Baddow West, and is no doubt aware he should have passed the queries onto the relevant departments for officers to respond.
Ayman Syed’s email of 26/6/20 (to Town Planning) (obtained under FOIA reference 4309606) suggests this advice constituted more than only verbal telephone conversations, on the basis he took” two weeks to review”.
Cllr Pooley is an experienced councillor and member of the Planning Committee, he is no doubt aware of his responsibilities and has acted in a manner that a reasonable person would struggle to consider impartial, and therefore brings the council into disrepute.
I understand that Cllr Pooley has recently been unwell, and I am sympathetic in this respect, I have therefore awaited his return to duties before raising this complaint in order that he can take an active part in resolving this complaint.
