📢 Correspondence with Damian Hinds MP: Advocating for Planning Reform #PIAF

In May 2025, I wrote to Damian Hinds MP in response to his kind invitation to meet and discuss planning issues. Rather than proceeding immediately to a meeting, I provided a detailed written submission outlining my key concerns and the comprehensive reforms I am proposing.

This approach reflects my view that structured, well-prepared discussions—supported by clear agenda-setting documents such as my Planning Integrity and Accountability Framework (PIAF)—offer the best opportunity for meaningful engagement.

By sharing my framework in advance, I aim to ensure that any future meeting can be as focused and productive as possible, with both sides fully prepared to address substantive issues and questions.

My letter focuses on exposing the structural dysfunctions within the current planning system, particularly how it disadvantages the public while enabling developers and other privileged actors to exploit systemic weaknesses. I highlighted concerns about opaque decision-making, misplaced assumptions of developer good faith, and the absence of meaningful deterrence when planning obligations are breached.

At the heart of my submission is the principle that:

You cannot regulate for delivery while protecting those who profit from non-delivery. Until speculative resistance is broken—through stronger controls, enforcement, and a realignment of incentives—housing targets will remain little more than numbers on a broken scoreboard.


01 – Planning Market Integrity Portfolio (PMI) 🏗️

To restore fairness, accountability, and functional land use in the UK planning system by ensuring land is developed responsibly, transparently, and in alignment with public need — not held speculatively or manipulated for private timing advantages.

02 – Viability Abuse Prevention Portfolio (VAP) 📉

To close the loopholes in viability assessments that allow developers to reduce or eliminate affordable housing obligations, delay delivery, or inflate costs and profits. VAP reasserts local authority control, mandates transparency, and ensures the public shares in development gains — not just in its risks.

03 – Coordinated Enterprise Abuse Prevention Portfolio (CEAP) 🧩

To expose and dismantle coordinated developer abuse within the planning system — including shell company networks, false independence of applicants, and systematic delivery failure. CEAP provides investigatory tools, misconduct tracking, and enterprise-wide enforcement to stop abuse at its organisational root.

04 – Environmental & Infrastructure Assessment Reform Portfolio (EIA) 🌍

To modernise the UK’s Environmental Impact Assessment (EIA) screening process and infrastructure analysis tools. This portfolio ensures that cumulative development, real-world service capacity, and environmental resilience are fully factored into planning decisions — especially in vulnerable rural or edge-of-settlement locations.

05 – Points-Based Evaluation & Risk Assessment Portfolio (PERA) 📊

To replace subjective and inconsistent “planning balance” judgements with a national, transparent, and measurable evaluation system. PERA empowers both planning officers and the public with predictable tools, grounded in risk sensitivity, to ensure fairer and more accountable decisions.

06 – Democratic Planning Participation Portfolio (DPP) 🗳️

To ensure that public consultation in planning is meaningful, accessible, and democratically legitimate — not procedural or tokenistic. DPP empowers citizens to participate with clarity, confidence, and traceable impact, transforming planning from an expert-controlled process into a shared civic space.

07 – Nationwide Development Distribution Portfolio (NDD) 🌐

To rebalance housing delivery and spatial planning across the UK by accounting for internal migration trends, digital-era working patterns, and over-concentration in overstretched areas. This portfolio ensures that planning becomes a national strategy, not a disconnected set of local burdens — tackling both overdevelopment and under-utilisation.

08 – Public Sector Delivery & Intervention Portfolio (PSD) 🏛️

To restore public sector leadership in development by equipping local and regional authorities with tools to assemble land, directly deliver homes, and intervene where private actors delay, speculate, or fail to act. PSD ensures the state can lead or rescue development in the public interest — not just wait and hope.

09 – Environmental Performance Portfolio (EPP) 🌱

To raise environmental standards in housing delivery by ensuring that carbon intensity, energy infrastructure, and future efficiency are not afterthoughts — but central, enforceable parts of the planning test. This portfolio prevents development that undermines climate targets and embeds long-term environmental failure.

10 – Planning Governance & Oversight Portfolio (PGO) ⚖️

To build an oversight ecosystem that makes planning enforcement possible, public performance visible, and trust in the system durable. PGO introduces independent roles, institutional audit tools, and national transparency protocols that turn planning from a paper system into an accountable one.

11 – Trusted Developer Accreditation Portfolio (TDA) 🏅

To reward integrity and reliability in development by introducing a national accreditation system that distinguishes trustworthy developers from repeat manipulators. TDA ensures that compliance, transparency, and delivery are not just ethical expectations — but pathways to faster approvals and better access.


📰 Speculative Development as Inverse Harm: Why East Hampshire Needs a Planning Position Statement Now

🧭 What Is a Planning Position Statement (PPS)?


A Planning Position Statement (PPS) is a non-statutory document issued by a Local Planning Authority (LPA) to clarify how it interprets planning policy or evidence in the short term — particularly during periods of policy uncertainty or when a Local Plan is under review.

A PPS is not part of the statutory development plan, but it is a material consideration under planning law. That means it can influence decisions on planning applications and appeals.

It is legally supported by:

  • Section 70(2) of the Town and Country Planning Act 1990
  • Section 38(6) of the Planning and Compulsory Purchase Act 2004
  • Paragraph 48 of the National Planning Policy Framework (NPPF), which recognises the relevance of emerging and interim policies

A PPS is especially important when:

  • A five-year housing land supply cannot be demonstrated
  • The “tilted balance” in NPPF Paragraph 11(d) is triggered
  • The harms of development are not being properly accounted for in planning decisions

⚖️ Paragraph 11(d): What Was It Really Meant to Do?


Paragraph 11(d) of the NPPF introduces a presumption in favour of sustainable development when local policies are out of date or a five-year housing land supply is missing.

But crucially, it includes a safety valve:

Planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework as a whole.

This clause was designed to ensure that planning decisions still reflect the public interest, not just housing targets. It was never meant to reward unplanned sprawl, unchecked landbanking, or speculative development that exploits technical shortfalls in supply.

Yet that is exactly what is happening.

🏗️ The Inverse Impact of Speculative Development


Note: The term “inverse harm” is used here to describe how speculative development and landbanking not only cause adverse impacts, but actually reverse the intended outcomes of national planning policy — particularly the sustainable development aims of the NPPF. In policy terms, these are adverse impacts under NPPF Paragraph 11(d)(ii), and must be treated as such in decision-making.

When the tilted balance is triggered without safeguards, it:

  • Encourages speculative applications with little regard for cumulative harm
  • Enables landbanking, where permissions are secured but not delivered, inflating perceived supply gaps
  • Overburdens infrastructure with no mechanism for timely mitigation
  • Erodes public trust in planning

These effects are not neutral. They are demonstrable harms.

If the NPPF requires decision-makers to weigh adverse impacts, then speculative behaviour and its systemic consequences must be part of that assessment.

These effects:

  • Undermine the delivery of actually sustainable development
  • Distort land value and delivery patterns
  • Prevent democratic, plan-led growth
  • Delay meaningful infrastructure upgrades

This is precisely the kind of situation Paragraph 11(d)(ii) was built to prevent.

📌 Why a PPS Is the Fastest, Legally Defensible Response


A Planning Position Statement can:

  • Define speculative development and landbanking as adverse impacts with measurable consequences
  • Provide interim criteria or saturation thresholds for assessing cumulative harm
  • Clarify how EHDC interprets the “significantly and demonstrably outweigh” test under current evidence

Because it is evidence-based and locally relevant, it qualifies as a material consideration in decision-making. It empowers the council and the Planning Committee to reject harmful schemes — even under tilted balance.

And crucially: it can be published quickly, without requiring examination or full Local Plan adoption.

🚨 It Is Against the Public Interest Not to Act


To allow speculative development to go unchecked — when its harmful consequences are known and preventable — is to subvert the very purpose of national policy.

  • Paragraph 11(d) was never designed to bypass planning.
  • It exists to balance the need for housing with the right to protect communities, landscapes, and services from unplanned strain.

Not using available tools like a PPS — when harm is demonstrable and growing — is not neutrality. It is a failure to act in the public interest.

🧭 Who Has Been Formally Asked to Act — and Why

We have submitted a formal request for a Planning Position Statement (PPS) to the following elected representatives, all members of the Conservative Party, who hold key responsibilities within East Hampshire District Council (EHDC) and at national level:


Cllr Anthony Williams
Chairman, Planning Committee

Cllr Charles Louisson
Vice-Chairman, Planning Committee


Rt Hon Damian Hinds MP
Member of Parliament for East Hampshire

While MPs do not decide planning policy at district level, Mr Hinds has been informed of this request in his role as constituency representative. We believe he is in a position to:

  • Champion the proposal as a matter of public interest and planning fairness;
  • Encourage EHDC to consider this approach seriously and transparently;
  • Support wider reform at national level to prevent further misuse of the tilted balance.

His support would help ensure the council acts in the spirit of sustainable, plan-led development — not speculative gain.


The request has also been formally shared with all three ward councillors for Four Marks & Medstead — Cllr Roland Richardson (also a Planning Committee member), Cllr Ilena Allsopp, and Cllr Neal Day.

As our elected representatives, they are expected to respond to the concerns of their constituents and take a public position on the call for a Planning Position Statement. Their support could help push EHDC to act decisively .


Cllr Ilena Allsopp
Ward: Four Marks & Medstead

Cllr Neal Day
Ward: Four Marks & Medstead

Cllr Roland Richardson
Ward: Four Marks & Medstead

📣 The Ask


EHDC must urgently issue a targeted Planning Position Statement recognising:

  • That speculative development and landbanking constitute adverse impacts
  • That the cumulative effects in places like South Medstead significantly and demonstrably outweigh the benefits
  • That clear thresholds or local impact triggers are necessary for fair decision-making under tilted balance

Doing nothing is not passive. It is permission by silence.

This is the lawful, rapid, proportionate intervention our district needs — and it is long overdue.

Rapid Local Intervention to Mitigate the Tilted Balance: Temporary Mechanism to Curb Speculative Development

Context:


Where a local planning authority (LPA) cannot demonstrate a five-year housing land supply (5YHLS) or fails the Housing Delivery Test, the “tilted balance” under NPPF Paragraph 11(d) applies. This shifts the presumption in favour of granting permission unless adverse impacts “significantly and demonstrably outweigh” the benefits.

This document proposes a lawful, fast-acting local mechanism to mitigate speculative harm during this vulnerable period.

1. Purpose of the Mechanism:


To ensure that speculative applications — particularly those outside the Local Plan or settlement boundaries — do not benefit automatically from the tilted balance if:

  • The applicant controls deliverable land but chooses not to bring it forward
  • The application undermines infrastructure sequencing, cumulative capacity, or spatial strategy
  • The delivery benefits are overstated or unsupported by commitment

2. Action: Immediate Planning Position Statement (PPS) An LPA may adopt a Planning Position Statement to:


  • Clarify how speculative applications will be assessed during the tilted balance period
  • Establish that developer conduct and local delivery context are material to the planning balance
  • Provide transparency to planning officers, developers, and the public

3. Key Policy Points for PPS:


a. Developer Delivery Behaviour as Material Consideration

  • Where an applicant controls deliverable land and is not progressing it, this undermines their credibility in claiming housing need benefit.
  • Applications may be refused where the applicant has failed to deliver on previously approved or controlled sites.

b. Landholding Declaration Requirement

  • All applicants for major development outside the settlement boundary must submit a declaration of:
    • Land under ownership or option in the district
    • Planning status and delivery timeline
  • Failure to provide this may be treated as a procedural deficiency or reduce the weight of the application’s benefits.

c. Infrastructure & Spatial Harm Threshold

  • Proposals that exacerbate infrastructure deficits or undermine spatial planning objectives will be assessed with enhanced scrutiny.
  • LPAs may treat speculative intrusion into non-strategic locations as harm to plan coherence.

d. Temporary Weight Adjustment Clause

  • The LPA reserves the right to adjust the weight of housing delivery benefits in the planning balance where the applicant’s wider land conduct weakens the credibility or urgency of the claim.

4. Implementation Timeline:


  • Draft PPS in under 14 days
  • Publish and notify via planning portal and website
  • Apply immediately to all new speculative applications
  • Reference in all relevant officer reports and planning committee briefings

5. Legal Basis:


  • PPS is a lawful tool under the LPA’s discretionary power to define planning practice during evolving national policy contexts
  • Material considerations are determined by LPAs under established case law (Cala Homes v SSCLG, 2011)
  • No conflict with NPPF; rather, provides structure for assessing benefits versus adverse impacts more accurately

🚧 How Developers Avoid Delivering Affordable Housing

Although councils are required to seek affordable housing in new developments, many developers find ways to reduce, defer, or avoid this obligation altogether. Here are some of the most common tactics:

1. Viability Assessments


Developers can submit a report claiming that delivering the full affordable housing requirement would make the scheme “financially unviable”. These reports often:

  • Inflate costs or underestimate revenues
  • Use confidential, unaudited assumptions
  • Are difficult for councils to challenge unless reviewed independently

In practice, this has become a routine loophole, especially on complex or high-value sites.

2. Commuted Sums Instead of Homes


Rather than building affordable homes on-site, developers may offer a financial payment to the council. These are called commuted sums.

  • The council can use this money to fund affordable homes elsewhere — in theory.
  • But in reality, off-site delivery is often delayed, uncertain, or never matched to local need.
  • It also breaks the principle of mixed communities — with affordable homes quietly pushed out of market-led developments.

3. Salami Slicing


Developers may split large sites into multiple smaller applications, each falling just below the threshold (e.g. 10 homes or 0.5 ha) required to trigger affordable housing contributions.

  • On paper: “Just a small scheme.”
  • In practice: A large, coordinated development evading obligations through fragmentation.

4. Delaying Detail Until Later Stages


Even when affordable housing is included in outline permission, developers often leave key details — like tenure mix or dwelling type — to be finalised later.

This allows them to:

  • Shift units away from social rent
  • Prioritise leasehold/shared ownership products
  • Reduce quality or mix based on future market shifts

🏡 What Is Affordable Housing?

“Affordable housing” is one of the most commonly used — and misunderstood — terms in planning and housing policy. It’s often used as a shorthand for “cheap homes,” but the reality is more complex and increasingly controversial.

💬 The Official Definition (UK context)


According to the National Planning Policy Framework (NPPF), affordable housing refers to housing for sale or rent for those whose needs are not met by the market. It must be available at a cost below market rate, and its affordability must be retained in perpetuity or subject to subsidy recycling.

🔍 Key Types of Affordable Housing


  1. Social Rent
    • The most affordable form
    • Typically managed by councils or housing associations
    • Rent is set using a national formula, usually around 50–60% of market rent
  2. Affordable Rent
    • Introduced by government in 2011
    • Rents can be up to 80% of market levels, making it less affordable in high-cost areas
    • Still classed as “affordable housing” under government definitions
  3. Shared Ownership
    • Buyer purchases a share (usually 25%–75%) and pays rent on the rest
    • Intended as a “step on the ladder” but has been criticised for high combined costs and complex leasehold issues
  4. First Homes (New)
    • Discounted market sale homes (minimum 30% discount for first-time buyers)
    • Must be prioritised for local people, key workers, or younger residents
    • A newer scheme with limited delivery so far

🧮 Is It Really Affordable?


Not always. In places like East Hampshire, where house prices are more than 13 times the average salary, even “affordable rent” and shared ownership are often unattainable for local families.

That’s why many campaigners argue the term “affordable housing” has become detached from real-world affordability — and should be more closely tied to income, not market discounts.

🎯 Why It Matters in Planning


Local councils (like EHDC) are required to secure a proportion of affordable housing in new developments — typically 35–40%, depending on the site. These homes are meant to:

  • Meet local housing needs
  • Support mixed and balanced communities
  • Ensure that key workers, younger people, and those on lower incomes can remain in the area

But whether this promise is kept — and how developers comply — is a major issue in planning today.

👥 Who Needs Affordable Housing — and Why It Matters


The idea that affordable housing is only for “low income” households is outdated and misleading. In districts like East Hampshire, a growing share of the population is priced out of market housing, including:

  • NHS workers, carers, teaching assistants, and emergency services staff
  • Young people unable to rent or buy near where they grew up
  • Families in overcrowded or temporary housing
  • Disabled residents requiring accessible or specialist homes
  • Elderly people downsizing but unable to afford appropriate options locally

Local Reality:

As of 2024, East Hampshire’s affordability ratio is 12.88 — meaning the average home costs over 12 times the average income. That makes even entry-level housing unaffordable to most residents unless they already own property or have external wealth.

Affordable housing isn’t a “bonus” — it’s essential infrastructure.


Without it, communities hollow out, public services suffer staffing shortages, and families are pushed into instability or long commutes. Yet, too often, affordable housing targets are treated as negotiable — or quietly eroded behind technical documents and planning jargon.

🔍 Why Planning Manipulation Should Be a Criminal Offence

📌 What’s the Problem?


Right now, developers and landowners can:

  • Mislead councils with carefully crafted but false or incomplete data
  • Suppress land to manipulate housing supply figures
  • Fragment sites to avoid environmental checks
  • Deliver consultations that say little — and hide even more

And they do this knowing one thing:
There is no real legal risk.

Unless there’s proven criminal intent — and even then — the police and CPS typically won’t act. Councils don’t have the power or budget. Meanwhile, the public loses trust, infrastructure falls behind, and housing policy is warped.

⚖️ But What If This Was Finance?


If a company inflated its stock price by releasing false information, or coordinated with others to suppress market supply, that would be market manipulation — a crime. The UK criminalised this years ago because unchecked distortion causes systemic harm.

In finance:

  • Making false or misleading statements = crime
  • Withholding key information = crime
  • Creating false impressions = crime

In planning:

  • The same conduct = “business as usual”

🧠 Why This Analogy Matters


🔁 Let’s connect the dots:

In FinanceIn Planning
Stock priceHouse price & land value
InvestorCouncil & public
Market distortionPlanning distortion
Insider coordinationDeveloper coordination
FCA enforcementNo equivalent

The system is being knowingly gamed — and just like in finance, it needs a legal firewall.

📜 How Stock Manipulation Became a Crime


🔹 Step 1: Patterns of Abuse

  • Market crashes
  • Widespread investor harm
  • Collusion and price distortion

Governments didn’t wait for one scandal — they recognised a pattern of abuse, hidden behind technical processes and legal grey areas.

🔹 Step 2: Legal Reform

  • FSMA 2000 created civil offences for market abuse
  • Market Abuse Regulation (MAR) (now UK law) criminalised:
    • False/misleading info
    • Fake trading activity
    • Concealed positions used to distort market outcomes

These changes weren’t radical. They were the baseline for system integrity.

🧱 The Same Needs to Happen in Planning


Planning allocates:

  • Land
  • Infrastructure
  • Community trust

But it has no equivalent protections. That’s why we propose:


🧾 The Solution: A Simple Legislative Mechanism

We are calling on Parliament to adopt:

  1. A statutory duty of candour in planning submissions
  2. A new criminal offence:
    “Planning Fraud by Misrepresentation or Omission”
  3. A mandatory referral mechanism for Local Planning Authorities to report suspicious or coordinated submissions
  4. Whistleblower protections for professionals who see what’s happening and speak up

✅ Bottom Line


If you lie to distort financial markets, you risk prosecution.
If you lie to distort planning decisions, you still get planning permission.

That needs to change.

This proposal isn’t about punishing developers — it’s about rebuilding public confidence, enforcing truth in policy-making, and ensuring planning decisions are based on reality, not manipulation.

Supplementary Note: Legal Reform to Prevent Developer Deception in Planning | Follow-up correspondence to Rt Hon Damian Hinds MP and Ministerial Referral Request

Dear Rt Hon Damian Hinds,

Thank you once again for your engagement on the issue of developer manipulation and fraud within the planning system. I am grateful that your office has offered to pass my original proposal to the relevant Minister, and I write now to formally support that referral — but also to expand upon it.



I respectfully request that this letter be forwarded not only to Matthew Pennycook MP, Minister of State for Housing and Planning, but also to Angela Rayner MP, as Secretary of State. Given the systemic nature of the issue, I believe ministerial awareness must extend beyond technical planning processes to questions of legal integrity and public accountability at the national level.

📌 The Legal Gap Exists — and Its Effects Are Ongoing


As set out in my original letter and one-page proposal, enclosed with my previous correspondence, there is a growing body of evidence that developers are exploiting a regulatory void — one that allows them to:

  • Fragment large sites to bypass EIA thresholds
  • Suppress deliverable sites to influence housing land supply
  • Submit misleading viability appraisals
  • Misrepresent or neutralise public consultation input

Currently:

  • The Fraud Act 2006 requires narrow, provable intent
  • Planning law is civil and lacks prosecutorial enforcement
  • Police and CPS avoid intervention, even in cases of clear coordination

The result: behaviour that would be considered market abuse in finance is, in planning, routine and consequence-free.

⚖️ The Precedent: Financial Regulation as a Model


The evolution of UK financial legislation provides a proven structure. The FSMA 2000, the EU Market Abuse Regulation (MAR) (retained in UK law), and related enforcement tools were introduced to address widespread systemic distortion.

These reforms were not born of one scandal — they arose from repeated, visible patterns of behaviour that eroded market integrity.

Planning is no less significant than capital markets: it allocates land, infrastructure, and public trust. Yet deception in this space is treated only as policy manipulation — not fraud.

🛠️ A Framework for Reform


To build on the originally proposed offence of “Planning Fraud by Misrepresentation or Omission”, I now outline the following expanded structure:

  1. Statutory Duty of Candour in planning submissions — applying to developers, landowners, agents, and consultants.
  2. Criminal Offence for submitting material information that is false, misleading, or incomplete — where the party ought reasonably to have known its significance.
  3. Mandatory Reporting protocols for Local Planning Authorities to refer suspected coordination or misrepresentation to a national enforcement body — akin to FCA Suspicious Transaction Reports.
  4. Whistleblower Protections for planning professionals, consultants, and officers who identify systemic misconduct.

These proposals are rooted in existing legislative tools — particularly from financial law — and could be adopted without fundamentally altering the structure of the planning system.

🗳️ Request for Ministerial Consideration and Parliamentary Support


I would be grateful if:

  • You would forward this letter and the enclosed materials to both Matthew Pennycook MP and Angela Rayner MP for their formal consideration;
  • You would continue to support the issue in Parliament — through questions, statements, or sponsorship of a potential Private Member’s Bill;
  • You would confirm whether a formal review of this legal gap may be pursued within DLUHC or through the Select Committee in the future.

I remain committed to working constructively on this issue and would welcome the opportunity to provide further detail or consultation as needed.

Yours sincerely,
Sophia Davenport

🧾 Update: Parliamentary Request for Action on Planning Fraud and Developer Deception


🏠 The Hidden Economics: Landbanking, House Prices, and the “Need” Myth


Local authorities should function like dialysis — not to cure the disease, but to filter out harm, maintain system function, and prevent collapse while the root pathology is addressed.

But the core disease here is not poor planning. It’s an organised, developer-aligned oligarchy — not yet criminal by classification, but operating in sync, exploiting loopholes, applying pressure to an already compromised system, and then presenting themselves as the solution. It’s not just corruption of process; it’s a system under stress, being deliberately stressed further for gain.

Housing targets themselves – as they are calculated now – are not fixed metrics; they are reactive. They rise in areas where house prices rise faster than wages. If the key driver is the Affordability Ratio — the ratio of median house prices to median local earnings — then the higher the ratio, the greater the assumed “need” for housing, and the higher the target — regardless of whether local supply is being withheld or manipulated upstream.

🧠 Context:


If you think of an Environmental Impact Assessment (EIA) as the diagnostic filter used to protect a critically ill patient on dialysis — identifying external stressors that could trigger collapse — then the EIA screening opinion is like triage: does the proposed intervention (the development) show symptoms or risk factors that justify closer investigation to protect the patient — the land, the community, the environment?

Legally, councils are required to give reasons for why an EIA is or isn’t needed. But in practice — by their own choice, since nothing in the NPPF prevents them from designing a more robust process — many Local Planning Authorities treat this screening as a tick-box exercise.
They reuse vague phrases like “not likely to have significant effects,” lean on the selective blindness of individual officers — sometimes framed as “expert opinion” — ignore cumulative developments, and rely on outdated or incomplete assessments.

It’s like checking the vitals but skipping the bloodwork — ignoring infection markers to keep the charts looking stable.
Each individual site passes, but no one asks why systemic stress is escalating. It’s a system that refuses to detect organ rejection or environmental shock — because each stressor, viewed in isolation, still meets the baseline.

Worse still: they get away with it — because the only way to challenge it is through Judicial Review. And very few residents or parish councils have the resources to go to court.

Meanwhile, councillors are under political pressure to deliver housing numbers — but it is the planning officers who prepare the reasoning reports, interpret public responses, summarise consultee feedback, and determine what information is shared (or withheld) during the process. Officers who consistently deliver “results” may be mistakenly seen as high performers, even when the delivery is built on procedural shortcuts, minimised evidence, or filtered consultation.

In this self-reinforcing cycle, councillors hear what reassures them, officers see what confirms their intent, and together, they say only what’s needed to justify hearing nothing else.

Public consultation becomes another compromised tool.


Instead of informed consent, it’s like giving the patient a form with the critical risk section left blank — or worse, pre-filled with misleading data — then asking them to sign off with a space that says, “Tell us something about yourself.”
A question designed not to inform treatment, but to create the appearance of participation, while ensuring that any response can later be dismissed as non-material to the outcome.
Omissions are routine; relevant questions go unasked; dissent is procedurally acknowledged and practically ignored.

📍 Where We Are Now


On 16 April 2025, I formally submitted a request for Parliamentary action to Rt Hon Damian Hinds MP, raising concerns over the growing exploitation of loopholes in the planning system by major developers.

My submission included:

  • A letter requesting that Mr Hinds support the creation of a new criminal offence:
    “Planning Fraud by Misrepresentation or Omission”
  • A one-page proposal outlining the rationale and legal basis for this reform, including specific recommendations for Parliamentary and Select Committee action.

Damian Hinds’ office responded supportively and offered to forward the submission to the relevant Minister for a response on whether a legal gap exists.

I’ve confirmed that I welcome this step — but have also asked Mr Hinds to share his personal stance on the matter and consider using the other Parliamentary avenues at his disposal to support action. This issue goes beyond ministerial delegation: it is about public integrity, enforceability, and preventing systemic abuse in planning across the country.

This is the first step in what I hope will become a wider campaign to close the legal gap around developer deception and protect communities from coordinated planning manipulation.

More updates will follow as the response progresses.

The Proposal


I have asked Damian Hinds MP to:

  • Table a Private Member’s Bill, or support legal reform through other routes;
  • Refer the issue to the Housing and Local Government Select Committee;
  • Raise the matter in Parliament;
  • Use his position to support legislative engagement with DLUHC (Department for Levelling Up, Housing and Communities).

📉 What is Stock Market Manipulation?


Stock market manipulation refers to deliberately misleading the market to distort prices or trading volumes for personal gain. Common forms include:

  • Pump and dump schemes (artificially inflating share price then selling)
  • Spreading false or misleading information
  • Coordinated trading to create a false sense of demand
  • Wash trading (buying and selling to yourself to simulate activity)

⚖️ Is It Illegal in the UK?


Yes — under the Financial Services and Markets Act 2000 and Market Abuse Regulation (EU MAR), such conduct is strictly prohibited. The Financial Conduct Authority (FCA) can:

  • Impose fines
  • Ban individuals from working in financial services
  • Pursue criminal charges, which can carry up to 7 years’ imprisonment

🧩 So Why Is This Relevant?


Because in the planning system:

Developers can as of yet legally engage in landbanking, planning pressure tactics, and even site suppression for leverage — all of which are comparable in structure to stock manipulation — but face no criminal penalties.

In essence:

If you manipulate shares, you risk prison.
If you manipulate planning policy, you might get a bonus.

Criminalising deception is a starting point — an absolute must — even if only as a preventative measure to make potential beneficiaries of such disinformation think twice before doing it again.



✊ A Word About the Campaign


I’m just one person. A one-person orchestra trying to show the path forward — but I don’t expect things to change unless others stay vigilant too. One of the quiet goals of oligarchic systems — whether in authoritarian states or hidden within corporate lobbying — is to wear down public vigilance. To make the average person believe it’s too complicated, too fixed, or too late to challenge what’s wrong.

But it isn’t.

It ain’t over till the fat lady singsIt Ain’t Over Till the Fat Lady Sings: Parish Council Update on Beechlands Road Planning Application

📍 Current Status of the Planning Application:

StageStatusDeadlineImplication
Committee Decision✅ ApprovedCompletedCommittee voted to approve, but not yet legally binding.
Decision Notice❌ Not Yet IssuedAwaiting S106No formal planning permission currently exists.
Section 106 Agreement⚠️ Still Outstanding30 April 2025 (official extension)Must be completed before the decision notice can be issued.
S106 Final Deadline⏳ Soft LimitOctober 2025Final fallback deadline unless explicitly extended by senior officers or councillors.
Judicial Review Window⏳ Not Yet OpenedStarts at Decision Notice publicationJR challenge can only formally start once the decision notice is published.

What’s Happening Now?


Despite approval by East Hampshire District Council’s (EHDC) Planning Committee, the Beechlands Road planning application is not yet legally binding. This means the final decision notice hasn’t been published, and planning permission isn’t officially granted.

Why the Delay?


Before EHDC issues the formal Decision Notice, they must complete a Section 106 (S106) Agreement—a legal contract ensuring that developers deliver necessary infrastructure, affordable housing, or public open space. This crucial document is still outstanding, and EHDC has set a formal extension to complete it by 30 April 2025, with an ultimate fallback deadline of October 2025.

Parish Council’s Response


Understanding the importance of the situation, Medstead Parish Council has taken decisive steps:

  • Legal Advice: They’ve decided to seek legal opinions from two independent sources:
    • A Specialist Planning Barrister, who generously offered a free review of the Judicial Review grounds.
    • The Hampshire Association of Local Councils (HALC) Planning Consultation service.

The Parish Council has promptly provided essential documents to the barrister.

Next Steps


The Parish Council will carefully review both legal opinions once received. This proactive approach ensures they’re fully informed and ready to respond swiftly and effectively.

What Does This Mean For Residents?


  • Judicial Review: Residents still have an opportunity to challenge the decision. It’s important to note that a Judicial Review is not an appeal; rather, it examines whether the decision-making process was lawful and fair, rather than reconsidering the planning merits themselves. The Judicial Review clock only begins when EHDC publishes the formal Decision Notice.
  • Application Vulnerability: If EHDC fails to finalise the S106 Agreement by 30 April 2025, the application risks lapsing unless officially extended.
  • Stay Engaged: Community vigilance is crucial. Monitor updates closely, as the finalised S106 terms and conditions could still influence the local impact significantly.

As always, your active involvement and support remain essential. Stay informed, stay engaged, and remember—it’s not over until the final decision notice is signed and published.

Stay tuned to this page for further updates.


Special thanks go to Parish Councillor Patricia Hughes and Clerk Mrs Julie Russell, whose dedication and swift actions have been instrumental in coordinating these critical efforts.