Otterpool Park Update: A consultation & a lack of transparency regarding the LLP
On Friday 26th March 2021, Otterpool Park LLP will hold two virtual public information and consultation events on phase one of Otterpool Park, which includes the town centre.
You can register to be part of the virtual consultation here
https://phaseone.otterpoolpark.org/register/
The first session runs from 1pm until 2.30pm and the evening session from 5.30pm until 7pm, all open to the public.
The engagements will be recorded and published on the Otterpool Park website, so that those that are unable to attend can watch it at a later date and provide their feedback.


Before moving onto what constitutes a consultation we need to make a few things clear.
Folkestone & Hythe District Council decided to set up Otterpool Park LLP to act as the master developer for the project and as the planning applicant; amongst other roles. It will facilitate the development of up to 10,000 homes on the Otterpool site rather than the Council. The LLP is controlled by FHDC as it owns the the shares of the company, as it does Otterpool Park Development Company Ltd. As such, they are subject to a code whose purpose is to secure that the company’s activities are treated financially as part of the council’s activities. The relevant legislation, Part V of the Local Government and Housing Act 1989, breaks down the legal screen between the council as one corporation and the company as another making it clear the LLP is subject to the council’s control.
As the Council owns the shares of the LLP, it must, according to Arnold-Baker on Local Council Administration, print on all its operative documents and stationery, including its Otterpool Park website, the fact that it is owned and controlled by the council. Alas the website makes no mention of the fact it is a controlled company and Folkestone & Hythe District Council are pulling the strings. Of course, such detail is a mere oversight by those involved and has nothing to do with any unwillingness to be open and transparent.
Otterpool Park LLP resolved to seek up to £75m from the Council. We should be able to know how any money will be spent, on what, when, where with who and why.
As Otterpool Park LLP is controlled by the Council it means it becomes a company which must accept and respond to Freedom of Information Requests (FoIs) and Environmental Information Requests (EiRs). And for the first time since its set up, and due to our intervention, Otterpool Park LLP and Otterpool Park Development Company Ltd can now be sent FoIs and EiR’s, via what do they know dot com.
So coming onto the consultation: What are the ingredients of a consultation?
Four basic requirements are essential if a consultation process is to have a sensible content.
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First, that consultation must be at a time when proposals are still at a formative stage.
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Second, that the proposer must give sufficient reasons for any proposal to permit of intelligent consideration and response.
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Third,… that adequate time must be given for consideration and response and;
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Fourth, that the product of consultation must be conscientiously taken into account in finalising any statutory proposals
I wonder if our corrupt council will be turning off the comments section on the YouTube channel. ………Is the pope a catholic? Transparency…….You must be joking.
The telling comment from Andy Jarrett was that by being the sole owner, the LLP (councillors and cronies) did not have to share the profits. These will never be accurately revealed, so we will have no idea whether they are all being reinvested.