Key information
Request reference number: MGLA111024-2748
Date of response:
Summary of request
Your request
We noticed that at the time of the Planning Officer's Report there appeared on the GLA's Dataset website an opinion of Tim Morshead KC obtained by the GLA and addressing an important point in this complex application. At paragraph 2 of the opinion, Mr. Morshead writes "For the reasons and subject to the observations and assumptions which follow, based on the material I have seen, in my opinion..." [emphasis added]
Mr. Morshead's opinion is particularly important, which we believe was acknowledged when the unusual step was taken to publish it, even though no other advice commissioned by the GLA seems to have been published. As you know, legal opinions such as this would normally be expected to be self-contained, capable of being read without referring to other material. Unusually, and unfortunately, that is not the case here. It is not possible for the reader to appreciate the range of materials that Mr. Morshead took into account, nor to conclude that Mr. Morshead had seen the very large number of submissions from all parties about the point referred to him.
There were opinions from 6 barristers, letters from 2 firms of solicitors, extensive submissions from Wimbledon Park Residents Association and the Wimbledon Society, and very many supporting documents, sent to the GLA or to the Boroughs of Merton and Wandsworth during this extensive application. We are naturally concerned that some of those representations may have been buried or lost amongst the thousands of comments and objections on the application. There may also have been other papers from the applicant, supporters and objectors, the GLA or the Boroughs, of which we are not aware, but which were relevant to Mr. Morshead's important advice.
In order to achieve an objective understanding of the fairness and reasonableness of the process and of the decision, and of the advice obtained from Mr. Morshead, and in the interests of transparency, we must ask you please to make available all Instructions sent to him and all supporting documents.
Our response
- Instructions to counsel:
We consider that the instructions to counsel fall under the exception to disclose at Regulation 12 (5)(b) (The course of justice and inquiries exception). This exception is very wide in coverage, in this instance it is used to cover material covered by legal professional privilege (LPP). LPP is a principle in UK common law and exists to protect the exchange of legal advice between a lawyer and their client.
- Supporting documentation:
I can inform you that all of the supporting documentation is available online. I have set these out and provided links below:
i. Property Plan X:\P\19073\WORK\ARCH\BIM\1_wip\linkfiles\LUC\19073_Master_sward.pdf (merton.gov.uk)
ii. Merton Council Committee Report 21P2900_Committee Report for AETLC.pdf (merton.gov.uk)
iii. Wandsworth Council Committee Report https://planning2.wandsworth.gov.uk/iam/IAMCache/5823304/5823304.pdf
iv. Residents’ Association objection 12 April 2023 Wimbledon Park Residents’ Association (merton.gov.uk)
v. Day vs Shropshire UKSC 8 2023 R (on the application of Day) (Appellant) v Shropshire Council (Respondent) (supremecourt.uk)
vi. Applicant’s submission of 13 July 2023 including opinion of Mr Karas KC https://planning2.wandsworth.gov.uk/iam/IAMCache/5780917/5780917.pdf
viii. Opinion of Mr Laurence KC on behalf of Objector 31 July 2023 21P2900_Comments_Wimbledon Park Residents Assocation & Wimbledon Society Part 02_01.08.2023..PDF (merton.gov.uk)
ix. Residents’ Association objection 13 August 2023 21P2900_Comments_Wimbledon Park Residents Association_14.08.2023..pdf (merton.gov.uk)
x. Joint Opinion of Mr Edwards KC and Mr Matthias KC on behalf of Merton Council 11 September 2023 Microsoft Word - WimbledonParkEstateAdviceFinal-V1 (002) (merton.gov.uk)
xi. Opinion of Mr Laurence KC on behalf of Objector 24 October 2023 https://planning.merton.gov.uk/MVM.DMS/Planning%20Application/100011500… 659/21P2900_Comments_Wimbledon%20Park%20Residents%20Assocation%20&%20Wimble don%20Society_24.10.2023.pdf
xii. Bundle of Legislative Provisions https://planning.merton.gov.uk/MVM.DMS/Planning%20Application/100011500… 659/21P2900_Applicant%20response%20re.%20Day%20v%20Shropshire_Supporting%20Bun dle%20of%20Legislative%20Provisions_All%20Parts_07.07.2023.pdf
xiii. Bundle of Factual Evidence https://planning.merton.gov.uk/MVM.DMS/Planning%20Application/100011500… 659/21P2900_Applicant%20response%20re.%20Day%20v%20Shropshire_Supporting%20Bun dle%20of%20Relevant%20Factual%20Documents_All%20Parts_07.07.2023.pdf