[Misc] Employment Law and Planning Permission?

1066familyman · Jan 28, 2022

This is an interesting one, for which I can't find any answer at all on t'internet.

If a company puts in a planning application to their local council, can the company then forbid it's employees putting in a public objection to said planning application? Effectively, a gagging order.

Goldstone1976 · Jan 28, 2022

Unless their contracts of employment explicitly (or possibly, implicitly) contain such a clause, or a clause that could reasonably be so construed, I’d say ‘no’. It would be an unusual contract that so provided (unusual, as in I’ve never seen one).

That said, any objecting employee would be unlikely to see a promotion or much in the way of pay rises if such a request was made and ignored. Such connection between the dissent and compensation would be entirely coincidental of course.

NooBHA · Jan 28, 2022

1066familyman said:
This is an interesting one, for which I can't find any answer at all on t'internet.

If a company puts in a planning application to their local council, can the company then forbid it's employees putting in a public objection to said planning application? Effectively, a gagging order.

Absolutely Not

South Stand Bonfire · Jan 28, 2022

1066familyman said:
This is an interesting one, for which I can't find any answer at all on t'internet.

If a company puts in a planning application to their local council, can the company then forbid it's employees putting in a public objection to said planning application? Effectively, a gagging order.

When you submit an online comment to a planning application your details are not made public. If someone is nervous though they could get a friend to submit it in their behalf.

1066familyman · Jan 28, 2022

NooBHA said:
Absolutely Not

Do you know that for a fact? If so, can you point to any evidence?

I agree. It doesn't seem right. But I can't find any specifics stating that to be the case.

1066familyman · Jan 28, 2022

Goldstone1976 said:
Unless their contracts of employment explicitly (or possibly, implicitly) contain such a clause, or a clause that could reasonably be so construed, I’d say ‘no’. It would be an unusual contract that so provided (unusual, as in I’ve never seen one).

That said, any objecting employee would be unlikely to see a promotion or much in the way of pay rises if such a request was made and ignored. Such connection between the dissent and compensation would be entirely coincidental of course.

What would constitute 'implicitly'?

Something along the lines perhaps of 'not bringing the company into disrepute'?

1066familyman · Jan 28, 2022

South Stand Bonfire said:
When you submit an online comment to a planning application your details are not made public. If someone is nervous though they could get a friend to submit it in their behalf.

Your name is. Although not your email address or telephone number.

NooBHA · Jan 28, 2022

1066familyman said:
Do you know that for a fact? If so, can you point to any evidence?

I agree. It doesn't seem right. But I can't find any specifics stating that to be the case.

You would probably need to find a specific '' Case Law Precedent '' and I don't know one off the top of my head. There's possibly a lot of them - The Legal thinking behind it is that lets say , ( and I will use the most outlandish and extreme case ) of Maybe a Factory working with Nuclear or Radioactive materials was planned to open and you prevented people working in that Plant making Locals aware of potential health risks to them and their families and other families - It would just never stand up to any scrutiny.

Try googling Case Law precedents with a similar text to what you want to establish

South Stand Bonfire · Jan 28, 2022

1066familyman said:
Your name is. Although not your email address or telephone number.

I don’t think they are if you submit comments on line. You could be right though if you physically send a letter as they tend to upload those. I’ve submitted on line comments before on Brighton’s planning website and looked at others comments and they were anonymous. Other councils may have different processes.

The best way of checking is to go and have a look at a few applications already on line for a particular planning authority .

redoubtable seagull · Jan 28, 2022

South Stand Bonfire said:
I don’t think they are if you submit comments on line. You could be right though if you physically send a letter as they tend to upload those. I’ve submitted on line comments before on Brighton’s planning website and looked at others comments and they were anonymous. Other councils may have different processes.

The best way of checking is to go and have a look at a few applications already on line for a particular planning authority .

I can tell you that online comments to Eastbourne borough council do not redact the name or address.

1066familyman · Jan 28, 2022

NooBHA said:
You would probably need to find a specific '' Case Law Precedent '' and I don't know one off the top of my head. There's possibly a lot of them - The Legal thinking behind it is that lets say , ( and I will use the most outlandish and extreme case ) of Maybe a Factory working with Nuclear or Radioactive materials was planned to open and you prevented people working in that Plant making Locals aware of potential health risks to them and their families and other families - It would just never stand up to any scrutiny.

Where would such a "Case Law Precedent" likely be found?

I thought a simple internet search might reveal such cases, but it doesn't.

I'm with you on the gut feeling of...Absolutely Not. But I'm curious to see if this answer is actual fact or not.

I've a feeling that Goldstone1976 has already pretty much covered it.

1066familyman · Jan 28, 2022

redoubtable seagull said:
I can tell you that online comments to Eastbourne borough council do not redact the name or address.

Quite.

thedonkeycentrehalf · Jan 28, 2022

Best thing is to call the relevant Planning Dept at the Council and ask them what their process around sharing names is. At least that would then enable you to judge the risk of being identified.

NooBHA · Jan 28, 2022

1066familyman said:
Where would such a "Case Law Precedent" likely be found?

I thought a simple internet search might reveal such cases, but it doesn't.

I'm with you on the gut feeling of...Absolutely Not. But I'm curious to see if this answer is actual fact or not.

I've a feeling that Goldstone1976 has already pretty much covered it.

Have a search around this link - https://www.bailii.org/databases.html https://www.bailii.org/form/search_cases.html

You can search by a few different methods - I pretty much never use this as my work is quite streamlined in Taxation - Have a look anyhow. I would do a search for you mate but it's really busy time for me ATM - Sorry

Thats 2 separate links above from the same site

1066familyman · Jan 28, 2022

NooBHA said:
Have a search around this link - https://www.bailii.org/databases.html https://www.bailii.org/form/search_cases.html

You can search by a few different methods - I pretty much never use this as my work is quite streamlined in Taxation - Have a look anyhow. I would do a search for you mate but it's really busy time for me ATM - Sorry

Thats 2 separate links above from the same site

Much appreciated. Thanks :thumbsup:

PeterOut · Jan 28, 2022

There is guidance below regarding data that a Council should / should not publish regarding planning applications (specifically in light of GDPR)

https://www.local.gov.uk/sites/default/files/documents/20210622%20-%20Planning%20and%20GDPR%20PAS%20guide.pdf

Slightly peripheral to your original question I know - and overall, I know absolutely nothing about planning permissions, it was just a reasonably easy to follow guide that came up from a Web search

hoveboyslim · Jan 28, 2022

No. You can do what you like. The company might try to make your position untenable, if they are that unscrupulous (and it will probably work). However, they can’t stop you putting in an objection. Of course your objection needs to be valid reason and they planning officers will decide if it is or not.

If the situation is that difficult then probably better to look for someone else to work for, if you are fortunate enough to be in that position

Sent from my iPhone using Tapatalk

Goldstone1976 · Jan 28, 2022

1066familyman said:
What would constitute 'implicitly'?

Something along the lines perhaps of 'not bringing the company into disrepute'?

They might try that argument. Would not succeed, imo. May not stop them threatening the employee with it if they were that determined.

brighton terra · Jan 28, 2022

1066familyman said:
This is an interesting one, for which I can't find any answer at all on t'internet.

If a company puts in a planning application to their local council, can the company then forbid it's employees putting in a public objection to said planning application? Effectively, a gagging order.

The best way to remain anonymous, in such circumstances, is to employ a planning consultant (such as myself) to submit representations on their behalf.

Weststander · Jan 28, 2022

The applicant will never know the identities or addresses of objectors.

All details are redacted from documents made available to anyone but the planning department.

There’s no need to spend money on a consultant.

[Based on individual planning authorities interpretation of GDPR].

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[Misc] Employment Law and Planning Permission?

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