14 Months ago as the new Chair of our Tenants and Residence
Association (TRA) I had no experience and
had to learn as I went along with little or no support and much misinformation.
The TRA undertook to deal with a very loud extractor fan beneath one of the
buildngs which was tantamount to a motorbike engine left running for most of
the day and every evening. It was sited
less than 3 meters from dwellings and the noise and smells were making people
ill. Many of the tenants in this block
are classified as those in ‘Hard to reach groups’. Those most affected tend to be those who are
disempowered and disenfranchised with various social problems. The TRA
contacted Islington Council to report This problem.
I spent a day telephoning different departments but to no avail
as staff would not help me find the appropriate person to talk to. This culminated in the writing an email of complaint
which was immediately responded to and Planning’s response was that it was
unfair. This was the beginning of 14
months of delays whereby the tenants in the most affected block collected a
petition which was handed in to Homes for Islington (HFI) and they acknowledged
its receipt.
The planning officers gave retrospective planning permission
to this extractor fan. However, the officers
stated that they had, in fact, done a consultation whereby they had emailed,
contacted every flat in the block, posted signs and placed an ad in the local
newspaper. These instruments of
engagement which were supposed to allow participation in this planning process were
not effective although Islington Planning Department did assure me and others
that they had actually done this. Furthermore,
following this a member of the TRA did door to door consultation and not one
tenant recalls either being consulted by mail, seeing a poster or advertisement
in the local newspaper which was claimed.
Due to this consultation inadequate
retrospective planning permission was granted.
However, it was learned later that the restaurant rented
their space from London Borough of Islington (LBI) and I contacted this
departed. They were unaware of any
consultation or the existence of this extractor fan or that they had planning
permission. This was in breach of their
tenancy agreement and the restaurant was ordered to remove it. However, a meeting was called where the TRA
was uninvited at the 11th hour which is contrary to their
requirement to consult with all stakeholders.
HFI was unaware that this meeting
was taking place and once informed by the TRA gate crashed the meeting. It was agreed at this meeting that the
restaurant would be allowed to have a suitable extractor fan which adhere to
the DEFRA guidelines. However, the
restaurant did not act within the time frame which meant more delays. They were in fact given notice to quite by
LBI. This fan has now been made less noisy
and the tenants have enjoyed a peaceful Christmas but not because of the LBI
planning department.
Upon reflection what may have been done differently?
·
The TRA could have been trained to deal with
this more effectively as our shortcomings were apparent due to our inexperience
and lack of knowledge.
·
It was left to the TRA to discover the DEFRA guidelines
and that the fan failed to meet many of its requirements resulting in not only
nuisance (Noise and Odours) but importantly safety issues which are very
disturbing.
·
The Planning Department could have used more
appropriate instruments of engagement rather than ‘tick box exercises’ in line
with their own policy document and to contact all the stakeholders and be
prepare to form partnerships with HFI who employ a full-time community engagement
officer and LBI Commercial Lettings.
·
It would have been advantageous for Planning to
be aware of the social position of all tenants and been prepared to engage creatively using
partnerships and saving on the cost.
·
Changed their vernacular using less legalese to
enable planning to engage with local communities in line with their own policy
documents.
Thus, this fan which was spilling out grease and likely to
be a fire hazard, the noise and odours affecting the safety, lives and
wellbeing and of tenants would not have occurred if the DEFRA guidelines had
been adhered to from the beginning.
Indeed their consultation was ineffective as many tenants were in the ‘hard
to reach groups’ suggesting that a review of how planning engages with the
public and encourages participation of all stakeholder groups must be reviewed
in line with their own policies.
References:
Guidance on the Control of Odour and Noise from Commercial
Kitchen Exhaust Systems (2005) DEFRA. Available at: http://www.defra.gov.uk/publications/files/pb10527-kitchen-exhaust-0105.pdf
(Accessed 26/12/2011)
Planning -Statement
of Community Involvement (2006) London Borough of Islington. On-line. Available at: http://www.islington.gov.uk/DownloadableDocuments/Environment/Pdf/ldf_pack/STATEMENTofCOMMUNITYINVOLVEMENT_adopted_20JULY_06.pdf
(Accessed 26/12/2011)