Judge rejects bias claim against Clr David Sheard of Kirklees Council

Mar 9 2010 Huddersfield Daily Examiner

A KIRKLEES councillor’s remark in the heat of a planning row – that a tractor workshop was a “far better use of the Green Belt than solicitors sat in their posh houses” – has been described as unfortunate by a top judge.

But Clr David Sheard was entitled to his “robust” views and his words were not enough to undermine the planning permission granted for the controversial workshop in the Green Belt off Wool Row Lane at Shelley, Judge Langan QC decided.

The planning application had brought stiff opposition from some residents – including barrister, Naeem Siraj, who took particular exception to Clr Sheard’s remark, made during a planning committee meeting in September 2007.

“The meeting was clearly somewhat heated and, in particular, fuel was added to the fire by a remark made by Clr Sheard”, said Judge Langan.

Although his words had not been recorded precisely, the judge said they were to the effect that: ‘I cannot think of a better use of the Green Belt than mending tractors... far better use of the Green Belt than solicitors sat in their posh houses.”

Criticism of Clr Sheard’s words formed part of Mr Siraj’s High Court challenge to the council’s decision to grant planning permission for the tractor workshop to local father and son agricultural engineering team, Timothy and Steven Bennett.

Judge Langan said: “I say at once that the remark made by Clr Sheard was an unfortunate one.

“It is wholly understandable that Mr Siraj, both as a local resident and as a lawyer, should have felt disquiet, whether in the heat of the meeting or on calmer reflection afterwards.”