Letter to Cllr Martin Tett, Leader of Buckinghamshire Council

This letter has been sent in objection to Buckinghamshire Council’s decision not tp publish public comments on planning applications,

19th March 2025

Cllr Martin Tett
Leader Buckinghamshire Council
c/o Buckinghamshire Council
The Gateway Offices
Gatehouse Road
Aylesbury
HP19 8FF

Dear Cllr Tett

 The Erosion of Democratic Transparency: Buckinghamshire Cabinet’s Decision to Remove Public Access to Planning Comments

I am writing to you as Chair of Penn & Tylers Green Residents Society, which has a long record in participating in the planning process in our local area on both individual and strategic applications.

In a move that has sparked widespread concern across Buckinghamshire, the Cabinet’s recent decision to cease publishing public comments on planning applications represents a serious setback for democratic transparency. This controversial policy has garnered criticism from residents, parish councils, and local organizations, all alarmed by the implications of sidelining public voices during a critical time when national government pressures are mounting for mass housing development.

Public Voices Silenced

Public participation has long been a cornerstone of the planning process, enabling residents, councillors, and statutory consultees like town and parish councils to contribute their insights and perspectives. These contributions, whether in support of or opposition to a planning application, inform and enrich the decision-making process. However, the removal of publicly accessible comments undermines this foundational principle, creating a barrier to transparency and accountability.

Our councillor for Penn Parish, Jonathan Waters, a former member of both the Area and Strategic Sites planning committees, was at the meeting and opposed the move. He tells us that he and fellow councillors have also taken a stand, by supporting a ‘Call In’ request, a technical device which will make the Conservative led Unitary Council reconsider the policy change highlighted the importance of public comments as an integral part of the process. He noted that such comments allow councillors and the public to identify key planning issues, ensuring decisions reflect a wide range of perspectives. At a time when government housing targets loom large, reducing public oversight is not just ill-advised—it is undemocratic. We find it ironic that in your newsletter yesterday you decry the potential lack of democracy in the planning process and then propose a detrimental change like this.

A Flawed Justification

The Cabinet’s rationale for this decision, which suggests that public representations can still be accessed via Environmental Information Requests (EIRs), has faced severe criticism. EIRs, by their nature, impose a 20-day compliance window—effectively rendering them unusable within the constrained timeframes needed for councillors or parish councils to call in planning applications. This limitation significantly hampers their constitutional right to represent their communities and challenge contentious planning proposals.

We also understand that you are suggesting that this change is because of GDPR – comments have been redacted for over a decade – why the change now? Is it possibly another cost cutting exercise disguised as something else?

Contradicting the Council’s Own Commitments

The decision also appears to conflict with Buckinghamshire Council’s own policies and constitutional principles. Paragraph 1.1 of the Council’s Constitution emphasizes the importance of public participation, stating that the Council “encourages and actively supports people getting involved in our work.” Similarly, the Statement of Community Involvement pledges to make planning consultation transparent, accessible, and inclusive—a promise that now rings hollow in light of this retrograde decision.

Call to Action

The request outlines several concerns, including the decision’s failure to align with the Constitution, Council policies, or procedures. It is a call to reaffirm the Council’s commitment to democratic values and resist the erosion of public involvement in planning.

The removal of public access to planning comments is not merely a procedural change—it is a fundamental shift away from transparency and accountability. At a time when communities are being asked to accommodate significant housing developments, this is precisely the moment to amplify, not silence, public voices. The Council must reverse this undemocratic decision and reaffirm its commitment to meaningful public engagement. Democracy, after all, thrives on participation, not exclusion.

We do hope that you will find a way to reverse this decision before the council goes into purdah ahead of the forthcoming elections, as every day which passes is detrimental to our local residents and our ability to participate in the planning process.

Yours sincerely

Madalyn Roker
Chair
Penn & Tylers Green Residents Society
info@pennandtylersgreen.org.uk

We have received this response from Cllr Tett
Dear Miles
I wasn’t at the Cabinet meeting that discussed this but I have received and have seen a lot of negative comments. Most allege a Machiavellian plot and an attempt to ‘stifle democracy’. Having now sat down last Thursday morning with our Head of Legal and Head of Planning, along with both my Deputy Leaders I can see that this is a complex and tricky situation.
Yes, Buckinghamshire Council and its predecessor councils have published residents comments on Planning Applications for all to see. Until recently this went without comment. However, we have recently received a complaint from a third party about the inclusion of information relating to another person in a response to a Planning Application. I cannot for legal reasons go into specifics but it related to the impact of a proposed development on the health of another family member and described that person’s health condition. The third party claimed this was a breach of GDPR.
Our Head of Legal has reviewed the matter and has agreed that it is a clear breech. I have pushed her hard on this and asked about ‘risk’ etc. She is clear that the council would have not a robust defence to a similar accusation by a third party should similar information again appear. This could be even be as simple as relating to other family members, such as a partner or children. The cost to the council would be potentially many hundreds of thousands of pounds in fines from the Information Commissioner.  I am assured that GDPR and the Information Commissioner do not provide any exemption for situations such as this. Apparently an Essex Council has had a  £140,000 fine for a similar issue.
I have asked whether we could use a proforma to obtain consent. Again, she is clear that this could not represent consent by the others mentioned in a published comment.
I have also asked whether there is an AI tool we could use. Apparently some exist but are relatively untried or at an early stage of development.
The only option appears to be manual reading of each and every public comment and the deletion of any observations made about other individuals. Given that Planning Applications can illicit dozens, possibly hundreds and even thousands of responses the council just does not have the resources to do this.
It has been pointed out that the national Planning Advisory Committee is clear that publication of public comments is not legally recommended or required. All comments will be available to committee members and Planning officers  before any decision is made. I also asked for and have now received an extensive list of other councils who do not publish public comments (Slough and Milton Keynes appear to be local exceptions).
I have asked for a second legal opinion. I have also asked that we look again at potential AI tools. However, I can’t at the moment see an easy or affordable way around this issue. Frankly, in my opinion the law is stupid that a third party can complain about someone else’s comments about say a member of their family but that is the law.
I have no doubt this will lead to renewed accusations of ‘cover ups’ and conspiracies by the council but I can assure you that this is not the case.
Best Regards
Martin
Leader
Buckinghamshire Council
Penn and Tylers Green
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. You can view our Privacy Statement here: Penn & Tylers Green Residents Society Privacy Policy