Thursday, 16 December 2021 – Ganging Up On Developers

Today the S106 Officer in the Economic Development team at Lambeth Council confirmed to me that Berkeley Group reports full names and postcodes of residents employed towards their S106 contributions.  The confirmation was by email and I now have this as written evidence should it be denied.

Barnet Council’s Employment and Skills S106 Officer also confirmed but only after pressing from me.  The inclination for council officers to side with Big Business rather than their own colleagues is strong.

“…do [Berkeley Group] provide evidence of Barnet residents trained and employed?”, I asked him by email.

 

“I know [them] very well”, he replied, “and have worked with [them] for many years without any concerns discharging their s106 requirements.  In fact, even in many cases adding value to their obligations in the Borough.”

 

That was an unashamed performance of obsequiousness but, alas, not what I asked.  “[They] seem to be doing a very good job.”, I replied.  “But they don’t report names and postcodes of residents employed and that is a problem for the S106 agreement.  Our Planning team requires evidence of S106 contributions made to sign them off as satisfied.

“Do they report full names and postcodes of residents on Barnet developments?”

 

I know all Local Planning Authorities require evidence of S106 contributions made but perhaps this is interpreted differently by different LPAs but I can’t imagine how this could be lighter touch than I’m already asking for.  I’m now intrigued to know what Barnet requests as evidence given that he has “no concerns”.

He replied, “Statutorily they can provide that data in a controlled environment since the introduction of GDPR [the latest data protection legislation].”

 

Again, this is not what I asked.  I’m not asking how they send Barnet what is personal, and therefore sensitive, data on their employees.  I know what the data protection legislation says.  I’m asking, do they, because they’re refusing to send it to me regardless of any “controlled [reporting] environment” made available?

“I hope this is helpful?”, he enquired of this unsolicited advice.

 

“No, not really”, I replied bluntly.  Is this guy being deliberately obstructive or really not understanding that I’m asking a specific question?  I don’t think my question could have been simpler but since he’s asking for feedback, the answer is he is not being helpful, to me at least.  Perhaps he is trying to be more helpful to Berkeley despite (or perhaps because) knowing that they, and he potentially given his evasive answers, are not following planning legislation.

“What I’m asking is, do they report full names and postcodes to Barnet regardless of what arrangements may or may not be in place [to do so safely]?”

 

Let’s see him evade that question!  If he does, he is at risk of exposing himself to being corrupt, although, what he gets out of it other than the opportunity to suck up and avoid council officers ganging up on developers, I can’t imagine.

“They do.” He replied.

 

So now I have this confirmation in writing too.