Power and how you use it

“David Camerson said that he and not the press should decide who is in his Cabinet. In doing so, he seems to forget that it is the people and not he who decide whether he should even have the right to form a Cabinet. …He failed to realise that it was the public – in opinion polls. letters to newspapers and online comments – who did not back his decision to retain Miller. This was not a press witch-hunt ; it was the people who brought Miller down”

Roy Greenslade, Evening Standard, page 36, 9 April 2104

Clampdown on public speaking? Rule-change goes to a vote at Full Council tomorrow (Weds 09/04)

The Full Council at Knowle tomorrow evening, from 6.30pm, will generate much interest. A proposal has been made, to require public questions to be submitted in advance, and to have restricted numbers of speakers on either side of a debate. Some councillors have been asked to request a recorded vote on this particular agenda item. Full agenda here: http://www.eastdevon.gov.uk/09042014_council_agenda.pdf

Of democratic dialogue, and a fatally flawed Local Plan

Here’s a copy of an EDA  press release sent out today:
East Devon Alliance (EDA), active supporters of the successful Fight for Feniton’s Future, are delighted by the sound of champagne corks popping, as the village celebrates its reprieve from mass development, after a full scale public inquiry held at the beginning of the year, and masses of hard work. Inspector Jessica Graham has ruled that Feniton needs only one development, of 32 new homes, and not the more than 200 houses proposed. So campaigners for only appropriate development, CAN successfully engage in democratic dialogue, which is what the non-party-political network, East Devon Alliance, is all about.
But EDA warns that Super Inquiries like that held at Feniton, are not the norm. It predicts that glasses will be chinking more ominously elsewhere in East Devon, as developers celebrate their biggest boost in years, thanks to East Devon District Council’s incompetence. As Planning Inspector Anthony Thickett has found the East Devon District Council’s Local Plan is fatally flawed (even at the second attempt). And without a Local Plan in place, according to National Planning guidelines, there must be a presumption in favour of development.
Consequently, as EDA Vice Chair, Dr John Withrington says, “We should not be surprised if the Local Plan has to recommend many more houses than it does at present, to recommend substantially more growth in villages in East Devon, and for developers to be even more aggressive in their proposals as a result. And all this could have been avoided had EDDC got its act together.”
Given the seriousness of the situation, the starkly complacent comment by Council Leader Paul Diviani that he is “very relaxed” about starting work again on the Local Plan, is incomprehensible. The question is, on its past record, can EDDC be trusted to produce a Local Plan that meets the Inspector’s required standard? The signs are unlikely, unless the proposal to make restrictions on public speaking is rejected by this week’s Full Council (Weds 9th April, 6.30pm, Knowle) . As the events at Feniton have shown, sound plans come from more democratic dialogue, not less.

 

Informal tendering for “exciting” Exmouth seafront starts

It will all hinge on what people think is “exciting” and if that is what they want from their seafront.  “Exciting” can mean many things to many people!

http://www.exeterexpressandecho.co.uk/Developers-invited-submit-proposals-8220-quality/story-20928143-detail/story.html

Current problems with draft Local Plan accurately predicted in 2009

The potential problems with the 5 year land supply were all highlighted in July 2009 in the report of a Task and Finish Forum on 5 year land supply (here are extracts):

1. Our assessment of our District wide figures shows that we have only just over five years availability. An Inspector at a planning application appeal could take the view that this is close enough to the five year threshold to side with an applicant/dismiss our arguments.
2. The District wide five year figure is based on our assessment and assumptions we have made. A developer might challenge these and come to a different conclusion (i.e. that land supply falls under five years) and persuade an Inspector that his/her evaluation is the more accurate.
3. Circumstances change and assessment/s done at the present time (and initially in 2008) can and will be out of date in the future.

Unfortunately, the document has since been removed from the EDDC website.

 

Two out of three Feniton appeals dismissed! Only the smaller appeal for 32 homes allowed, 200 extra dismissed!

Well done everyone who put up such a strong case to the Planning Inspector at Feniton – you all deserve pats on the back – and more.  A victory for common sense!

http://www.claire-wright.org/index.php/post/fantastic_news_for_feniton_as_all_appeals_dismissed_except_32_at_acland_par

Particular thanks should go to the two councillors for the wards affected:  Councillor Claire Wright and Councillor Susie Bond who kept everyone informed of what was going on and rallied support time and time again.  Special thanks to Susie who, with no previous council experience, took on the mantle of councillor for Feniton late in the day with such verve and vigour!

As Martin Luther King said: The arc of the moral universe is long, but it bends towards justice!

The blame game – time to stop looking for scapegoats and start work

goat

Much time and effort has recently been put in to trying to work out who is to blame for the current problems we have with our Draft Local Plan.  Various groups (including EDA) have been suggested as being responsible for the current situation, even though EDA was not in existence when the figures for the Draft Plan were submitted to EDDC by its Planning Policy officers and gave no evidence either to the Local Development Framework Panel nor to the Inspector.

It is far too late for blame.  Responsibility now lies with councillors and officers to give the Inspector what he wants as quickly as possible.  Only they can do this.

Can they do it?  We have to hope so and we must all give officers and councillors all the support they need to get their facts right and get their evidence in as soon as practicable so that developers will have no opportunity or excuse for building on land that is not meant to be available to them.

The effort to find scapegoats to blame needs to stop and the action needs to start.  Looking for scapegoats is wasting valuable time.

 

Should one be “relaxed” about a crisis?

beach1

The Leader of East Devon District Council says he is “relaxed” about the failure of the draft Local Plan at its first hurdle.  He said:

“In the circumstances I am relaxed about the extra work we have to do. We will now put together an action plan showing what we will be doing and when. We hope to go back to the inspector in the autumn with the extra information he needs”.

Can we trust someone who is so relaxed to motivate others (the same people who gave the Inspector the first draft plan which took 5 years and one false start to produce) to give the Inspector what he needs and to give it to him quickly enough to put a stop to the development frenzy that shows no sign of abating and every sign of increasing during this policy vacuum?

Is an “action plan” enough?  Is” hope” enough?  Is being relaxed the appropriate way to deal with this crisis?

 

Local Plan disaster: a view from “the other side”

http://c2cplanning.wordpress.com/2014/04/05/oops-developers-get-a-hammering-from-eddc-cllrs-for-making-hay-while-the-council-get-slapped-on-the-wrist-for-advancing-a-flawed-local-plan/

... If Council resources cannot be made available and directed towards plugging any perceived “policy vacuum” quickly and accurately, why is the development industry the bad guys? If there was a competition for heads in sand…..

When it comes to Standards EDDC CAN mark its own homework but doesn’t keep notes!

David Cameron has claimed here:

http://www.telegraph.co.uk/news/newstopics/mps-expenses/conservative-mps-expenses/10744347/David-Cameron-claims-MPs-did-not-have-casting-vote-over-Maria-Miller-expenses.html

that independent members of the Commons standards committee rather than MPs had the “casting vote” on whether to censure Maria Miller over her expenses. Commons rules state that only MPs on the committee have the right to vote on its findings, while “lay members” can only take part in debates and evidence sessions. However, Mr Cameron, who has given Mrs Miller his “warm support”, claimed that MPs are not being allowed to “police themselves”.


He told Sky News: “We have now got a committee that has independent members on and effectively they had the casting vote, and what this committee decided, it is not my decision, it’s the committees decision.”


….. A spokesman for Mr Cameron later said his comments were a “slip of the tongue” and that “lay members do not have a vote”.

However, let no-one be mistaken: in East Devon the “Independent Person” on the Standards Committee does NOT have a vote and, as can be seen in this excerpt from a Standards Committee meeting minute from 29 January 2013, the Monitoring Officer does not even ask for the Independennt Person’s views or comments in writing, preferring to “make notes” about what she says as that is “less bureaucratic”.  It is also, of coursr, much less traceable if something goes wrong  or there is a difference of opinion about what was said later on ….
See
http://www.eastdevon.gov.uk/standards_mins_290113.pdf
Rest assured, – in East Devon, it is possible to mark your own homework!

An Interesting view on the failure of the Local Plan submission

http://sidmouthindependentnews.wordpress.com/2014/04/06/the-east-devon-district-council-press-release-on-the-failure-of-the-local-plan-dissected/

Proposed new restrictions on public speaking: act quickly to have your say.

If you are concerned by EDDC’s proposed changes to rules for public speaking, NOW is the time to let your representatives know, in writing.
A decision will be made next Wednesday evening, 9th April, when the Full Council meets (6.30pm at Knowle).
The letter copied below, which has been sent to the three Sidmouth town ward members, may be helpful as an example. EDA also understands that the author has also asked a councillor who did not agree with the new speaking rules plan outlined by Cllr Bloxham at a previous Development Management Committee meeting, to request a recorded vote.

‘Councillors,

Next Wednesday’s EDDC Council meeting is to have put before it a proposal to impose severe limits on the rights of the residents of the district to express their views about crucial planning applications which affect them personally or the community in which they live. These are the residents who elected you to represent them and as ward members you will retain the right to speak on their behalf. But only they can speak with the detailed knowledge and passion about the potential effects of particular planning applications on them as individuals and on their neighbours.

East Devon is experiencing a torrid time at the moment because of the lack of an approved Local Plan – a situation that will only be made worse by the LP Inspector’s rejection of the plan as presented – and this is not the time to be limiting, or making more difficult, public involvement in the planning process. The reason for the proposal is given as “to increase efficiency” at DMC meetings. What the process should be about is “increasing effectiveness” and that will not be achieved by limiting the rights of individuals to this extreme extent.

In the interests of democracy can I ask you to request a recorded vote on this matter of great public concern?

I look forward to seeing you represent this view on Wednesday evening on behalf of all Sidmouth Town ward residents and the town’s many visitors who would want us to defend it from inappropriate development.

Peter Whitfield’

For more information, go to http://www.claire-wright.org/index.php/post/public_speaking_restriction_decision_to_be_made_next_wednesday_evening

In the Thickett of it

If you can hear popping sounds, it’s the sound of champagne corks flying across East Devon as developers celebrate their biggest boost in years. Planning Inspector Anthony Thickett has pronounced on the EDDC draft Local Plan, and if you’re anything other than a developer or someone happy to sell off green fields to cover with concrete, it’s very bad news indeed.

It’s impossible to read Mr Thickett’s letter with anything other than a sense of dismay (was there nothing EDDC got right?) or wonder (how come Mr Diviani and EDDC planning officers are still in a job?). From the outset Mr Thickett is (diplomatically) clear that the draft Local Plan is not just ‘unsound’: it’s appallingly deficient to the extent that substantial work is needed. Mr Thickett’s conclusion recognises that it’s going to be a long haul to get it right. More time for developers to propose hundreds more houses across the East Devon countryside, then.

Mr Thickett’s letter delivers some crushing blows. The opening sentence bluntly rejects EDDC’s argument that (just) 15,000 more houses are needed in East Devon. Critically, Mr Thickett finds that the Council’s Strategic Housing Market Assessment (SHMA) is fatally flawed in that it relies upon questionable data. He finds also that the target of 15,000 includes a need – Mr Thickett is too kind to describe it as guesswork – of 4,000 as overspill, an argument “which has no empirical evidential basis” (i.e. he hasn’t a clue how EDDC came up with this number). He could question the validity of some of the migration data used to inform the Council’s target, “but there seems little point given the shortcomings in the evidence base overall”. Ouch.

The vivisection continues. The 15,000 figure is not justified, the absence of an up to date SHMA is “a serious failing”, and the message is clear: EDDC should make allowances for more housing needed across the District. As developers argued at the Feniton Super Inquiry, EDDC should make up housing shortfalls in the shortest possible time and prove a five-year supply (“I look forward to hearing how you intend to ensure that this will be the case”). As for EDDC’s argument that a blanket 5% increase in housing for East Devon’s villages was appropriate … Mr Thickett states firmly that this is “too crude a tool”. (Feniton and other communities in East Devon should now be seriously worried.) Mr Thickett’s closing remark, that he will do all he can to help the Council go forward, is a generous and tactful way of saying that EDDC will have to start again, get its sums right this time, and get a move on. Or to put it another way, pull its finger out.

How did EDDC react? From a Council that wasted three years allowing Graham Brown to chair the East Devon Business Forum, to seeing an earlier version of the Local Plan thrown back last year with 53 flaws in it, it came as no surprise to see EDDC spinning furiously. Unsurprisingly the Council hailed the Thickett letter as a positive development, allowing it “more time to confirm housing volume” (http://www.eastdevon.gov.uk/communications_and_consultation.htm?newsid=1064. Presumably EDDC’s earlier statement that Mr Thickett’s letter had been embargoed at his own request, a request not present in his letter, was to allow time for the spin doctors to get to work.)

EDDC Leader Paul Diviani, with presumably a straight face, pronounced Mr Thickett’s letter as “pretty much what we expected”. Sadly for Mr Diviani, this is pretty well what a lot of us expected. Mr Thickett’s damning criticism of EDDC’s failure has condemned East Devon to a period of uncertainty, during which developers will seize upon the Planning Inspectorate’s savaging of the draft Local Plan as justification enough to build where they want: make no mistake, this is a black day for East Devon. Mr Diviani may be “relaxed about the extra work we have to do”, but the inevitable conclusion of those who have read Mr Thickett’s letter is that the only relaxing Mr Diviani should do henceforth is in a deckchair in retirement on a beach. Preferably one outside the District he has failed so miserably.

The case of the Planning Inspector and the Invisible Ink

Anyone see the sentence in the Inspector’s letter that said: “Oh, and don’t publish this letter for three days after you receive it”?  No, us neither.

Perhaps it was in invisible ink … or perhaps it needed 3 days work to spin the “How we got it all wrong” into “East Devon is not an island”.

“East Devon is not an island” and so must look after Exeter’s needs

So says EDDC Leader Paul Diviani.

Well, we are already looking after Exeter’s employment needs with the move to Skypark so we might as well look after their housing needs too.  At least Karim Hassan (former regeneration chief at EDDC and now CEO of Exeter Ciry Council) will be happy!

But perhaps it is now time for South Somerset to take care of some of East Devon’s needs … or perhaps a new town in the Blackdown Hills?  Or maybe an overspill estate in Lyme Regis.

How come we get to take care of everyone else yet no-one takes care of us?

http://www.sidmouthherald.co.uk/news/news/local_plan_verdict_more_work_needed_1_3521166

Talaton – unsustainable developments turned down

Update from a local correspondent.

Applications for 10 and 25 houses at Weeks Farm, Talaton went before the DMC on 1st April, supported by the Parish Council and Ward Councillor Martin Gammell in spite of strong local opposition. Residents were very pleased to see that Planning Officers had recommended refusal for both applications as being unsustainable for such a small village as Talaton and commended the Officers for the thoroughness of their report.

Speakers pointed to the pressure on existing services, with oversubscribed primary and secondary schools, poor transport provision and sewage systems near capacity. After some discussion, the Committee voted to refuse both applications. One of the Councillors commented that if they allowed these applications to go through it would set a precedent, giving a ‘green light’ for small villages to be swamped by developments that were not sustainable.

An Inspector writes: and it is really bad news

The inspector’s letter

Click to access letterno8toeastdevon.pdf

finds that the Local Plan draft is fundamentally flawed when ut comes to housing numbers but does not mention employment land which he presumably feels is fine.

Developers and former EDBF members must be delirious with joy.

How long will it take to sort out?  Months and months or years and years judging by past performance.  And all that time the developers will be choking us with little boxes to the north, south, east and west, in tiny villages, in towns, in (particularly) the countryside.

Well done EDDC, well done.

Neighbourhood Plans – not a panacea but useful

Ottery St. Mary is thinking of setting aside obe-eighth of its precept (£20,000) to produce a neighbourhood plan.  “This money is one eighth of the budget,” he said. “Would the neighbourhood plan have had any difference to the 300 houses planned for Ottery St Mary?”

Answer: no.  Whilst there is no Local Plan and no 6 year land supply developers have the upper hand.

Once there is a Local Plan, that trumps everything including Neighbourhood Plans, so, at the moment a Neighbourhood Plan counts for nothing.

However, once there IS a Local Plan AND a 6 year land supply, any neighbourhood can then say what it wants to happen to any land not covered by the Local Plan.

It is certainly best if a council then puts together a Neighbourhood Plan because, if it does not, ANY group which has a connection to the area can take responsibility for preparing one, which could mean developers or Sainsbury’s or any other group with a tenuous connection to the area could put one together and might get it agreed.

However, East Devon District Council has the final say in whether a Neighbourhood Plan is acceptable to them – back to Square One!  Also, no agreed Neighbourhood Plan has yet faced legal challenge so who is to say that it would carry the full force of planning law – there are many instances of challenges being successful in similar circumstances.  Until enough case law is built up we can only hope that a well-researched, well-written Neighbourhood Plan with lots of robust evidence would meet these challenges.

So, an outlay of £20,000 might or might not protect Ottery from some inappropriate or unwanted development so perhaps on balance better to try than not!

 

Who pays?

We learn from a comment from Councillor Roger Giles on the blog of Councillor Claire Wright (claire-wright.org) that the reason given for making it so difficult for ordinary people to speak at Development Management Committee meetings is that the lack of a 5 year land supply means that there are now so many applications that there just is not time.  He also points out that one other reason that there is not time is that members of the DMC speak at length and repetitiously and then generally vote in a very similar way, few needing to be swayed by the intellectual arguments of other members it seems.

How dreadful that we must pay for EDDC’s own past and present mistakes.

So when we have a new Local Plan – hopefully very soon – and the number of planning applications decreases, will we then go back to former arrangements where we did not have to register with a written question days in advance and hope that we won the lottery to speak?

Aaaah …..