The case against Leader
Jackson, part time CEO Lally and Cabinet member, Riddle (The Defendants)
We make no apologies for the
language in this article. It is meant to be understood. The claim is lodged by Lugano Developments
Estates (LDE) against Cllr Peter Jackson, Cllr John Riddle, and Ms Daljit
Lally, an officer and part time CEO. It is alleged that each has caused harm to
LDE and unless prevented from doing so threatens to cause further harm to LDE
through committing acts amounting to the tort of misfeasance in public office.
NCC is vicariously liable for the said torts committed by the defendants. This
case means the taxpayer is being held responsible for the actions of Jackson,
Lally and Riddle.
The unlawful acts
_________________________________________ In December 2016 LDE submitted a
“bespoke” planning application to NCC seeking (a) outline planning permission
with all matters reserved for an exemplar Garden Village comprising up to 2,000
dwellings, and space/facilities for employment, commercial, agricultural and
leisure uses, and associated infrastructure; and (b) full planning permission
for strategic flood alleviation measures and the demolition of a small number
of buildings. The planning application was supported by NCC in partnership with
LDE with the encouragement of Dept. of Communities and Local Government (DCLG)
The Strategic Planning
Committee (SPC) of NCC resolved by 7 votes to 2 that it was “minded to approve”
the application subject to the conditions as outlined in the Reports. Authority
was delegated to the Head of Planning Services, Mr Mark Ketley, to issue full
planning permission (in consultation with the Chair of the SPC) once the
conditions had been satisfied, subject only to the application being referred
to the National Planning Casework Unit for a determination on whether the
Secretary of State wishes to call-in the application. Thus, up until the local
elections on 4th May 2017, NCC had been wholly supportive of the DGV and was a
visible partner. However, in those
elections Cllr Peter Jackson was elected as the Leader of NCC, as head of a
minority Conservative Council. Cllr Jackson, whose family farm is near the DGV
site, had at all material times expressed vehement opposition to the DGV
Scheme.
Since becoming leader of NCC
Cllr Jackson, acting by himself and through others, has orchestrated a series
of actions designed to stop the DGV development. Many of those actions have
gone well beyond that which is lawful and give rise to the allegations of
misfeasance in public office that will be brought against defendants.
Shortly after becoming leader
of NCC, Cllr Jackson sacked NCC’s Chief Executive, Steven Mason. Mr Mason had
been a supporter of the DGV development. Ms Lally was appointed as interim
Chief Executive at NCC in place of Mr Mason acting from 4th May. Steve Mason
was bundled out of NCC with a payment of £417,000 plus benefits on 25th May
2017 on the day that Cllr Jackson officially formed his administration with the
help of independent councillors and two Liberal Democrats. On 5th July 2017 NCC
took the unusual step of withdrawing its Core Strategy despite the fact that it
had already been submitted to the DCLG. This was not part of the Conservative
manifesto. That decision to withdraw the Core Strategy was made at a meeting of
the Full Council on 5th July 2017 and was engineered by Cllr Jackson who
wilfully misled the meeting by stating that the delay that would be caused by
withdrawing the Core Strategy and substituting it with an alternative plan
would only be ‘2-3 months’. However, the Head of Planning Services, Mr Mark
Ketley had clearly advised Cllr Jackson in terms prior to the meeting that the
delay would be at least 18 months to 2 years because of the need for a
Regulation 18 consultation. Cllr Jackson’s own briefing notes for the meeting
(obtained in December 2017 by an FOI request) clearly indicated that he had
been advised that the delay would be two years.
In Dec 2017, a series of anonymous letters
were sent to the council alleging bullying and corrupt practices. More about
the council conclusions in another briefing in this series. On 15th August 2017 Cllr Riddle, the
portfolio holder for Planning at NCC, emailed Mr Ketley concerning Mr Ketley’s
report dated 14th August 2017 about the alternative Core Strategy required
following the aforementioned withdrawal decision, instructing Mr Ketley to
“remove the need for any garden village” from the report. At a meeting between
Cllr Jackson and Mr Ketley on 4th October 2017, Mr Ketley explained to Cllr
Jackson that in his opinion and in the opinion of the other professional
officers involved, the planning balance had not changed, and the development
would continue to be recommended for approval. Cllr Jackson looked Mr Ketley in
the eye and said, “You might want to reconsider that!”. After this Cllr Jackson
operated through Cllr Riddle and Ms Lally to bring unlawful pressure to bear
upon Mr Ketley in an effort to induce him to alter the planning officers’
advice. As time went on Mr Ketley felt increasingly pressurised, bullied, and
threatened by the actions and behaviour of the defendants.
At a meeting on 1st November 2017, Cllr Riddle
told Mr Ketley that Mr Jackson had heard that the DGV development may still be
recommended for approval when it was presented back to the SPC, and that whilst
he was not going to put the instruction in an email, Mr Ketley needed to find a
way to recommend refusal. Mr Ketley was left in no doubt from what Cllr Riddle
told him, that Cllr Riddle was making that demand at Cllr Jackson’s insistence.
It was apparent that Cllr Riddle knew full well that it was entirely improper.
Ms Lally became CEO of NCC on 1st November officially. At a meeting on 2nd November 2017, between Ms
Lally and Mr Ketley, Ms Lally pressurised Mr Ketley by saying that preventing
the DGV development from happening was a clear priority of the Leader (i.e.
Cllr. Jackson) and that, accordingly, Mr. Ketley needed “to do what (he) needed
to do”.
On 20th November 2017 Cllr.
Riddle came to see Mr Ketley in his office and again said that he “must find a
way to recommend refusal of DGV”. On 21st November 2017, Cllr. Riddle again
came to see Mr. Ketley and informed him that Cllr. Jackson was “adamant” that
DGV must be recommended for refusal. Cllr Riddle mentioned that Cllr. Jackson
had told him (i.e. Cllr. Riddle) to “stay strong”. Cllr Riddle made clear to Mr
Ketley that his instructions to press Mr Ketley to change his recommendation
about DGV came from Cllr Jackson and also from Ms Lally. On 27th November 2017
Mr Ketley received leading counsel’s opinion to the effect inter alia that the
impact of the withdrawal of the Core Strategy was insufficient to adversely
affect the overall planning balance currently in favour of recommending
approval of the DGV development.
On Friday 1st December 2017
during the course of a conversation between Cllr Jackson and Stephen Rankin,
the brother of Allan Rankin who owns the shares in LDE, Cllr Jackson said to
Stephen Rankin, “Your brother won’t like what I am about to do next week”. On
Monday 4th December 2017 Cllr Riddle visited Mr Ketley’s office and informed
him that on the previous Friday (i.e. 1st December 2017) Cllr Jackson and Ms
Lally had discussed arrangements to terminate Mr Ketley’s employment. In the
event however, on 7th December 2017 Mr Ketley was removed from any further
involvement in meetings or discussions concerning the DGV development. Mr Paul
Johnston, who some years previously had worked closely with Cllr Jackson at
Castle Morpeth Council, was then appointed to a rapidly created position above
Mr Ketley. This has cost the taxpayer at least £95,000. Add this to Steven
Mason’s payoff of £417,000, the waste of money spent on the original core
strategy of £1.2m and the estimated cost of Jackson’s new ‘Local Plan of
£500,000 and over £2m has been wasted on Jackson’s ‘folly’. Early in the New Year Mr Johnston contacted
Mr Ketley to advise him that he was going to undertake a restructuring of the
planning department that “might affect” Mr Ketley’s position. Mr Johnston went
on to propose that Mr Ketley should leave NCC, and Mr Ketley welcomed the
opportunity to do so in the New Year on confidential agreed terms since his
position had been made impossible at NCC. This has cost the taxpayer a
five-figure sum and has contributed towards the lack of transparency and
allegations of a ‘cover up’.
In light of the matters
stated above, the defendants are guilty of acting in bad faith and flagrantly
abusing their powers and authority as public officers.
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