A Conservative councillor did not breach the Isle of Wight Council’s code of conduct by submitting a retrospective planning application, it has been determined.
The council’s monitoring officer said the rules only apply when a councillor is acting in their official capacity and not as a private individual.
Earlier this week an application, submitted by Councillor Clare Mosdell, was approved, to regularise her stables and add an all-weather ménage.
Last year, permission was granted to build the stables to a certain size but the final footprint of the block was almost double that approved.
Cllr Mosdell had previously said they could not build what had been granted because of land levels, run-off water and flooding so a retrospective application was submitted.
At the planning committee on Tuesday, councillors stressed they were not judging Cllr Mosdell’s behaviour but the application based on planning merits. Advice, however, was sought from the councillor’s monitoring officer, Chris Potter, by the chair of planning, Cllr Michael Lilley, after members raised concerns about the retrospective application and whether there had been a breach of code of conduct.
The code of conduct, a set of rules outlining the responsibilities for councillors, Mr Potter said, only applies when a councillor is acting in their official capacity, and not as a private individual. He said:
“No councillor will have breached the code of conduct when they undertake unauthorised development in their purely private capacity.”
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When debating the application, Cllr Geoff Brodie said the application was only coming before the committee because the applicant was a councillor and had the same application been from Joe Bloggs, Island resident, it would not have been up to the committee to determine.
Cllr Brodie also said he had a reasonable understanding retrospective planning applications are not unusual on the Island. He said:
“When you are an elected member you are always going to be vulnerable to keyboard warriors of the Island, anonymous people who want to hang you at the earliest opportunity.
“The bottom line is we are a planning committee, we are not a standards committee or the monitoring officer. We have got a straightforward planning application on a retrospective basis, we have been given advice from the monitoring officer … we must not judge this on the code of conduct.”
Commenting on the application, the Alliance Group said they had noted the many public comments made about the decision of the planning committee
A spokesperson said:
“We very much understand the majority of the feelings expressed, however, the application was decided in accordance with the rules and policies currently laid down. If the committee had done otherwise that would itself have been a breach of rules and led to an appeal being launched, with every chance of success.”
Cllr Steve Hastings, the leader of the Conservative Group within County Hall, said it was a perfectly normal and legal planning procedure and that the application was submitted straightaway by the applicant, it was not an enforcement issue.
Cllr Hastings watched the meeting from the public gallery and said he has written to Cllr Brodie to thank him for his common sense and planning acumen, “which is more than can be said for some members.” He said:
“This application has now been determined and I think the news should move on to more important matters like the new administration’s Corporate Plan, which I look forward to being published so that at Corporate Scrutiny we can build a workplan around it.”
Well Well now there is a big surprise. Who would of thought a councillor would get away with it. Oh well the Dave Stewart style corruption continues then.
Absolutely! They make the rules and change them to suit the given scenario as and when required.
About time the National Audit Office started surprise inspections on councils if only to challenge their integrity.
Planning is a total Joke shop
One rule for………?
What a load of rubbish.
Lost my respect vote or anything else the council think is worthy.
As soon as I knew who the cllr was it was a foregone conclusion; neighbours 0 councillor 1
yes exactly its a shame we cant say what we want on here with out posts getting removed
When you are an elected member you are always going to be vulnerable to keyboard warriors of the Island, anonymous people who want to hang you at the earliest opportunity.
……
councillor brodie needs to remember that those “keyboard warriors” are also taxpayers and voters. Unless he wishes to be removed as soon as possible, I suggest he starts acting in the best interests of the islanders and not his own pocket and ilk.
I think the news should move on to more important matters like the new administration’s Corporate Plan, which I look forward to being published so that at Corporate Scrutiny we can build a workplan around it.”
roughly translates as lots of people on a zoom meeting who all nod in agreeance as they haven’t read the document and are way out of their depth in understanding any of it anyway. They will of course claim full attendance rates though.
surely they need a pre-meeting, meeting, to discuss what the agenda for the meeting will be and then to schedule an agenda setting meeting, before the corporate scrutiny meeting attendee list, meeting.,
Of course she didn’t break the code of conduct, you cannot break that which doesn’t exist.
She blatantly ignored the planning conditions and played the system for her own corrupt and dishonest ends, no ordinary member of the public would have ever got away with such a cynical breach.
nothing changes with this women and never will
Councillor Hastings why say that Ms Mosdell applied for retrospective planning immediately when it can be proved that it was in November 2020. Do you consider the average person on the isle of wight to be complete fools. The stables were built in June 2020! Would it not have been far better for Ms Mosdell to not apologies for her behavior and do as per her application form for planning and send her run off to a soak away as stated. She has behaved very foolishly but does not have the intelligence or class to admit when she is wrong.
Legally in the clear, morally? that’s another story. As an elected representative, they should behave so that they are beyond reproach. Permission first, then build, to the plan or revised plan, not the reverse.
Clear something not being transparent here , can someone confirm why keep reference to her as Cllr Mosdale if she is just Clare Mosdale. Clearly uses I’m a Cllr to make people think she is influential and powerful.
They can’t switch the focus to us, by calling us anonymous keyboard warriors. I’m sorry but this really does smack of one rule for them and another for everyone else. So this is how our new council is to behave. Same old same old.
Amazing how I post one rule for them another for us , and if we built bigger then planning gave permission for we’d have to take it down then strangely my post is deleted, what is the point in having comments on here if you are not allowed to view your thoughts ? I understand if it’s offensive but not if you are stating true facts ,we islanders are being walked all over
Spot on. If enough people complain hopefully it will change and the Isle of Wight will receive the democracy it deserves.