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| Nadeem Ahmed (Con), David Whipp (Lib Dem), Mohammed Iqbal (Lab) |
A controversial planning application in Nelson has finally been approved after being 'called in' by Councillors.
The retrospective planning application by Mahmood Hussain at the property of 2 St Paul's Road, Nelson, is for a large extension that has been mostly constructed, but a complaint from a neighbour has been lodged requiring the Council to consider it.
Following an unprecedented decision by Leader of the Council, Mohammed Iqbal (Lab), to use his reserved powers to approve the unauthorised home extension against planning recommendations, a number of Councillors wrote to Monitoring Officer, Philip Mousdale, to request the decision be 'called in'.
The process of a 'call in' requires all three leaders of the parties - Nadeem Ahmed (Con), David Whipp (Lib Dem) and Mohammed Iqbal (Lab) - to meet and decide whether to put the decision back to Pendle's Policy & Resources Committee to reconsider.
At the meeting, both Conservative and Labour leaders, Nadeem Ahmed and Mohammed Iqbal respectively, decided not to put the decision back to the P&R Committee, with only Lib Dem leader, David Whipp, voting to have the decision reconsidered.
Writing on his Facebook account about his decision, Cllr Ahmed said:
The decision by Cllr Ahmed not to recall the planning application will mean the Council will be open to further planning abuses in a similar manner, as stated by Pendle Borough Council Planning Officer Neil Watson, at the P&R meeting on January 30, 2020.
Neighbours of the property who lodged the complaint may also have a case in court for a breach of their Human Rights as stated in the planning report:
"The development would have a significant impact on the quality of life and living conditions of the occupants of the adjoining property.
Under the Human Rights Act 1998 fundamental rights are granted to people in the UK. Under Article 8 everyone has the right to respect of his private life, his home and his correspondence. There shall be no interference with that by a public authority unless in accordance with the law and is necessary in a democratic society for, amongst other things public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Under Article 1 of the First Protocol every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. "
There was also a public outcry following the original decision by Council Leader Iqbal, with many people suggesting the decision was corrupt and 'tribal'. However, there is currently no evidence to support those claims.