Decision expected on report into Lyme Green fiasco

Cheshire East Council will make a final decision this week as to whether to disclose the report into the Lyme Green fiasco.

One of our readers requested a copy of the report of the Designated Independent Person in relation to Lyme Green under the Freedom of Information Act.

The Council has extended the 20 working day limit to to consider the public interest in disclosure - however, they have said they are unlikely to release the report because it contains personal data relating to a number of individuals which would lead to a breach of data protection if released into the public domain.

They also said that disclosure of the information to the public would constitute a breach of confidence, actionable by the person from whom it was obtained, and be likely to prejudice ongoing investigation proceedings.

The FOI response states "The Council notes that there is a general principle of openness and transparency in public affairs and that the matter is one of significance for local people. I can confirm that these factors will be taken into account and weighed in the balance when examining the public interests engaged in this matter and in reaching a final decision.

"This case is complex and sensitive and it is therefore crucial that full and proper consideration of the balance of the public interest takes place."

The Council's aborted plans to build a recycling station at Lyme Green Depot in Macclesfield have cost Cheshire East taxpayers in excess of £800,000, they broke planning rules, as the main contractor commenced work on the site before planning permission had been granted, and officers did not comply with EU Procurement Regulations.

The report by a Designated Independent Person (DIP) into the causes of the failure of the Lyme Green development project, was completed and passed to the Council's staffing sub committee for consideration in December.

Later that week two senior officers (John Nicholson, Strategic Director Places and Organisational Capacity, and Caroline Elwood, Borough Solicitor), whose actions were examined by the DIP, resigned. This was followed by the resignation of Cabinet member Councillor Rod Menlove, who was responsible for this area as Environment Portfolio Holder, and the suspension of Lisa Quinn, the Director of Finance and Business Services.

The concerned resident also requested information, under the Freedom of Information Act, about the costs that have been incurred since the appointment of the Designated Independent Person.

Cheshire East responded "I would inform you these costs have not been determined whilst the Council is still in negotiation with the company that provided this service."

Cheshire East Council will make a final decision about releasing the DIP report by Friday, 15th February.

 

Tags:
Cheshire East Council, Lyme Green
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Comments

Here's what readers have had to say so far. Why not add your thoughts below.

Chris Wigley
Tuesday 12th February 2013 at 2:44 pm
I am not sure that the Information Commissioner will allow Cheshire East to refuse to publish the report and so if they do I hope Jonathan appeals.
Pete Taylor
Tuesday 12th February 2013 at 3:42 pm
As I understand it Rod Menlove has not resigned as a councillor, he has merely stepped down from his "cabinet" post. He was clearly asleep at the wheel at the time when he should have been heavily involved with Lyme Green; yet he managed to claim £27k in expenses, from what I have read.
Jonathan Alexander
Tuesday 12th February 2013 at 10:19 pm
Dear Chris

I shall indeed appeal if the council refuses to publish. The grounds they have already tentatively set out in asking for an extension of time are tenuous at best. I will keep interested parties updated. I understand that a request has been made by a media outlet too. They may not have the time (or possibly inclination) to pursue with the ICO - but I certainly have.
Peter Davenport
Tuesday 12th February 2013 at 10:22 pm
Peter Davenport
It has been stated that this fiasco cost over £600,000,00.
Has anyone not realised the losses are much higher than this.
First of all, the council could have sold the land to a developer, say for £200,000.00. If this is reasonably accurate, I am certain that a non council contractor would have denmolished it for a lot less.
So from these reanable assumptions, if the council had proceeded better, they would not have lost the £600,000.00 but gained the £200,000.00 , which in my mind is more than a million pounds.
Stuart Kinsey
Wednesday 13th February 2013 at 9:19 pm
I am delighted to hear that Jonathan Alexander will appeal if his Freedom of Information request re the Lyme Green report is not met. Effective democracy requires Freedom of Information and we should all be suspicious if information is not forthcoming. I also hope the media interest in the Lyme Green report is maintained; again democracy owes a great debt to free and independent media. I look forward to hearing the outcome on this.
Chris Wigley
Thursday 14th February 2013 at 11:40 am
@Stuart, I agree with your delight about Jonathan Alexander who is doing a great deal to ensure that democracy is being seen to be done.
Ian Hughes
Thursday 14th February 2013 at 12:52 pm
Thank you for this report on the "Lyme Green issue" which I found both clear and and concise . Having read this I am able to understand what this is all about, unlike the gobbledegook style of reporting in the local paper. I have just signed-up to you today as a new member so thank you again.