Key information
Request reference number: MGLA140223-0104
Date of response:
Summary of request
Your request
What is the GLA’s procedure for investigating evidence of non-compliance with The London Plan?
For example, for a GLA-funded project, where a Local Authority claims to have met a certain GLA policy requirement (for example on Fire Safety D12) and there is evidence which challenges such an assertion;
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How would a member of the public alert the GLA?
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which department/officer deals with the enquiry?
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in what form should evidence be presented?
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Who examines and adjudicates on the questions and the evidence?
- If it is found that there is a failure to comply with a policy requirement, what action does the GLA take?
If the GLA has no procedure for ensuring compliance when alerted by a member of the public,
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How does the London Plan protect Londoners (for example when there is evidence that fire safety policy requirements have not been met)
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How does the GLA otherwise discover non-compliance?
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How does the GLA justify continued funding if it takes no action when evidence of non-compliance brought to its attention? (please note that this is not an allegation that this has happened, but a question.)
Our response
To confirm, the Mayor's planning powers are strictly defined by the Mayor of London Order (2008), and the Mayor is unable to intervene in matters that do meet this criteria, which are the sole responsibility of the local council. Further information on the Mayor’s planning powers can be found at the following link: https://www.london.gov.uk/what-we-do/planning/planning-applications-and-decisions/what-powers-does-mayor-have-planning
All planning enforcement matters are the responsibility for the local authorities enforcement team, and as such any complaints should be raised with them, as the Mayor has no legal powers to comment, intervene or overturn previous planning decisions.
Should you be unhappy with the council’s decision making process, you may wish to raise the matter with your local councillor or Member of parliament who will be able to raise the matter on your behalf.
If you are still unhappy with the council’s decision making process you can contact the Local Government Ombudsman:
https://www.lgo.org.uk/
London Plan policy D12 states that major development applications should be submitted with a Fire Statement produced by a third-party independent, suitably-qualified assessor. This should be a qualified engineer with relevant experience in fire safety, such as a chartered engineer registered with the Engineering Council by the Institution of Fire Engineers, or suitably qualified and competent professional with the demonstrable experience to address the complexity of the design being proposed.
This reflects that planning officers are not experts in fire safety. Therefore, as set out in draft Fire Safety London Plan Guidance (LPG), the onus is on the applicant to ensure that they use the necessary fire safety expertise to demonstrate compliance with these policies. Draft Fire Safety LPG provides templates for the applicant to demonstrate compliance with London Plan policy D12 as well as policy D5(B5), where required.
The Mayor sets building safety criteria as you rightly point out through the London Plan 2021. The Mayor also requires partners to meet similar building safety standards when delivering homes funded through the Mayor’s Affordable Homes Programme (AHP) 2021–2026.
The GLA has a compliance audit function in place which means that developments can be audited by the GLA to ensure key contract requirements have been met. If it is found that a partner has breached a key contract condition (including building safety standards), the GLA can claw back funding as per provisions set out in our Capital Funding Guide. This is separate to London Plan compliance, although the AHP building safety standards broadly mirror equivalent London Plan standards