by Stephen Byfield
How many times have you been faced with a refusal on a planning application which you thought had a reasonable chance of success?
These days developers are exploring all the avenues which may bring about a successful planning decision. Increasingly, they are appointing political lobbyists to the project team to advise on how best to present the scheme to councillors and other politicians.
Political lobbyists have something of a twilight reputation. In the last 10 years a number of consultancies have sprung up advising companies on their relations with Government and politicians in Westminster, Whitehall and the European Community. In earlier days lobbying centred on making the best of the “old boy” network of British politics. Nowadays, though, most lobbying companies are far more professional. They know their way around the mechanics of the Government machine at both political and civil service level and will advise on how best to present your case, which arguments to stress and who will be most receptive to hearing it.
Of course, political consultants are particularly useful on developments which are unusual in having attracted a great deal of attention in the political world. County Hall Developments, redeveloping the old GLC headquarters, employ lobbyists to assist in persuading hostile Lambeth councillors and influential MPs that there are sound reasons why the scheme should go ahead. It will come as little surprise to hear that Imry employed lobbyists — my company in fact — to assist them in discussions with the Department of the Environment and councillors in Southwark during the extended debate over the Rose Theatre.
But can lobbyists be of more general use to developers? What can lobbying companies do to assist on the average development?
Some lobbyists have departments specialising in the provision of political relations advice on controversial planning applications. Their role on a development team is two-fold. First, they provide detailed information on the key political figures in a local authority, the current balance of power and the attitudes of the councillors to the development. Second, they give continuing advice on lobbying in support of the application.
In their capacity as gatherers of information, lobbyists are a little like the balloonists employed by a general in the American Civil War who wanted to see what was happening “on the other side of the hill”. Planning applications are not, despite one or two spectacular examples, a continuation of war by other means, but the need for relevant and carefully analysed intelligence remains.
Perhaps one of the more useful services a lobbying company can provide is a political audit. Best conducted at around the time that an application is submitted, an audit is a detailed analysis of the political make-up of a council. It identifies the key players, their influence and their likely attitude towards the development. It will consider the planning process in some detail and analyse all the various council and local community groups who will take an interest in the scheme. Such a study should contain detailed recommendations on who and how to lobby in support of the application.
There are instances in which a political audit has revealed information which shows that whatever the planning arguments it would be extremely unlikely that an application would proceed. Perhaps the councillors are facing a local election and are unwilling to take any decisions which may prejudice potential voters. In such cases the cost of a political audit more than pays for itself as money may be saved by holding off on the development until after the elections have taken place.
In terms of lobbying, each planning application is different, and there are no hard and fast rules that can be employed across all councils and developments. Generally speaking, though your lobbyist will advise on how best to secure the support of the various groups which have been identified as being potentially friendly. Often this will include advice on the arguments which are most likely to win the support of the politicians. Your political consultants will organise meetings for you to explain the merits of your case to the key politicians in the local party groups and among organisations such as the Chamber of Commerce, local trade union branches and residents’ organisations.
Of course, there are some councils where the scope for these activities is limited. But, with the vast majority, the time spent highlighting the merits of your case to local politicians is time well spent.
There is also some leeway for political activity at appeal. However, a good political consultancy will be aware of the restrictions on exerting political influence during what is essentially a quasi-judicial process. Do not be too dissuaded by these restrictions, as a lobbyist can do some useful background work in helping to ensure that the political climate in which the appeal decision is made favours your development. However, do make sure that all the activities your consultants recommend are first cleared by your legal advisers.
At the end of the day the decision on whether or not to use a political lobbyist depends upon whether they are effective.
In the vast majority of applications it will not be worth retaining political help. If the planning case is watertight and the scheme uncontroversial your planning consultants will not need, and will probably not welcome, assistance at the political level.
So, in what instances is it worth considering taking on a lobbyist?
Large and controversial developments that attract a great deal of local or national interest are obvious contenders. Any number of political reasons can hijack the chances of success and a sophisticated developer must be aware of what the opposition is, from where it stems and what can be done to counter it.
Even with smaller developments there may be instances when political help can be useful. If the planning case for your scheme is at all shaky, political advice can increase your chances of a successful outcome. For instance, in some authorities the planning officers are firmly led by their political masters. In such cases it is, obviously, vital to know what is motivating the councillors. Lobbyists should be able to ascertain the types of planning gain that the councillors will be keen to see and they can certainly help to speed up negotiations on the content of a development through the application of judicious political pressure.
In the current political climate, any development which has an impact, favourable or adverse, on the environment or involves archaeological finds will stand a better chance of success if lobbyists are brought in.
When developers are competing with each other for permission to develop a site, lobbying can be effective in promoting the benefits of your scheme and highlighting the inadequacies of those proposed by rivals.
Developers have become used to employing a veritable flock of consultants.
Political advisers can be the missing link needed to produce a three-dimensional picture of what steps may be required for a successful outcome. You are probably already using an environmental consultant, certainly you will have PR consultants to handle the press.
Does it not make sense to use a “political” animal to deal with the politics of your development?
