Would Sir John Betjeman have joined EDA?

From the poem, The Executive, by Sir John Betjeman

… I do some mild developing. The sort of place I need
Is a quiet country market town that’s rather run to seed
A luncheon and a drink or two, a little savoir faire,
I fix the Planning Officer, the Town Clerk and the Mayor.

And if some Preservationist attempts to interfere
A ‘dangerous structure’ notice from the Borough Engineer
Will settle any buildings that are standing in our way –
The modern style, sir, with respect, has really come to stay.

Sir John Betjeman

Click to access sir_john_betjeman_2004_9.pdf

Though, when he read it out aloud in 1975, as seen on this You Tube clip, the last line of the first quoted verse is “I nobble half the council, the banks, town clerk and Mayor” …!

Further comment from Paul Arnott on post below re EDDC, Devon and Cornwall Constabulary and disgraced ex-Councillor Brown

Paul Arnott here. I requested this FoI disclosure, and thank the police for their response, made on the twentieth day of the 20 allowed them in law.

I would also like to make clear that this matter ought to be cleared up quickly and if anyone is hanging under an unjust cloud their good name ought to be restored.

That said, what was most noteworthy in the police reply was the confirmation that although the Monitoring Officer made a minuted pledge to provide a joint statement on the status of any investigation absolutely none was ever made, or, it seems, attempted. (I put in an identical FoI to EDDC on this “joint statement” issue. They have two and a half hours to meet their own legal obligation to respond within 20 days)

Did anyone think this could all drift for eighteen months in silence? Did the Monitoring Officer’s boss, or the Leader, or the Cabinet, not wonder about this?

Last night, Cllr Susie Bond asked a number of clear questions about the status of this investigation. The line from the top desk was, the police haven’t told us anything … and, er ….

The other interesting detail in the police reply is about the inital, risible call to the Action Fraud hotline, which it is now confirmed by police was followed up by an EDDC call to local police, and the eventual passing of the file to a former policeman, now the Devon and Cornwall Constabulary’s Senior Fraud Investigator.

What we don’t know is if any actual complaint was ever made, or by whom, or whether there is a vital “crime number”, or whether this investigation has even been entered as an investigation in the Devon and Cornwall Police Public Sector Corruption Register – as should be the course.

Ultimately, a year and a half on, this guarded Freedom of Information response is all we have from our regional police force, of a piece with last night’s three wise monkeys routine from East Devon Council.

What we do know is that this is NOT sub judice., but to deduce that you have to read between the lines. A simple “No it isn’t” would have covererd it.

Don’t know really. Is that the cheese in my fridge going off in the hot weather, or is this growing whiff coming from somewhere else?

EDDC Monitoring Officer has never asked for police interview re disgraced ex-Councillor Brown

And the enquiry is ongoing – here is correspondence between Paul Arnott and Devon and Cornwall Constabulary on the subject, whiich was elicited by a Freedom of Information request via the whatdotheyknow website, this correspondence therefore being in the public domain:

Freedom of Information Act Request No: 3614/14

At a meeting of the East Devon District Standards Committee 14 months ago on 29th April 2013 the Monitoring Officer gave a statement in relation to Councillor Graham Brown and his comments published the previous month in the Daily Telegraph.

According to EDDC’s minutes she “advised that the matter had been referred to the Police soon after the article had been published. The issue was then, on advice from Police, directed to Action Fraud under the Bribery Act 2010 and the Council’s own Fraud, Theft and Corruption policy. Devon and Cornwall Police were continuing to look into the matter and the Monitoring Officer was currently in discussions with them about releasing a joint statement.”

According to the Devon and Cornwall Police published policy D22 Corruption in the Public Sector at point 3.1.4 “A person alleging public sector corruption will, if he/she so requests, be interviewed by an officer not below the rank of Detective Superintendent”

Please confirm the date on which the Monitoring Officer was interviewed by an officer of Detective Superintendent rank or above in relation to her report to the police.

Please provide me with any and all “joint statements” made by EDDC and D&C Police as referred to on 29th April 2013.

Please confirm that the investigation is not sub-judice.

The Crime Department and Press Office have provided the following information:

Please confirm the date on which the Monitoring Officer was interviewed by an officer of Detective Superintendent rank or above in relation to her report to the police.

N/A – No request was made by the Monitoring Officer to be interviewed by a Detective Superintendent

Please provide me with any and all “joint statements” made by EDDC and D&C Police as referred to on 29th April 2013.

No joint press statements were made by East Devon District Council and Devon & Cornwall Police

Please confirm that the investigation is not sub-judice.

A report was initially made to Action Fraud in March 2013 who declared it was not a matter with which they dealt. The allegations were subsequently reported to the local Police by the East Devon District Council who appointed a Senior Fraud Investigator to manage enquiries with regards to third party allegations. These enquiries are ongoing.

Source:
https://www.whatdotheyknow.com/request/police_protocol_d22_and_east_dev#incoming-542682

So, what DO EDDC know these days? Not much …

Here is a list of the latest Freedom of Information request subjects put to East Devon District Council – and excellent reading they make too, though most of them have yet to be answered as no doubt the poor FOI Officer is snowed under:

Hot desking
Job Descriptions for Senior Officers
Key Decisions
Monitoring Officer Report on [Ottery St Mary] meeting with Persimmon
Exmouth Masterplan
Council Tax arrears
EDDC activities in support of
Budleigh Salterton car park
Redrow Homes
East Devon Business Development Office at Heathpark

Source: https://www.whatdotheyknow.com/body/east_devon_district_council

Out with the old, in with the new …. well, sort of

Last night apparently marked the last full Council meeting to be attended by Deputy Director and Monitoring Officer, Ms Denise Lyon (who was seen to smile, chat and yawn a lot according to members of the public).

CEO Mark Williams seemed to suggest that the role of Monitoring Officer might pass to her opposite number in South Somerset, Ian Clarke, apparently as part of the sharing agreement the two councils have (where currently the only sharing is of the Chief Executive, 50/50).

Surely this is an important role that should be advertised?

Nieghbourhood Plan? Not if your local developer doesn’t like it!

A housebuilder has launched a judicial review challenge to a neighbourhood plan with the Planning Court.

In a statement Larkfleet Homes claimed that the Uppingham Neighbourhood Plan was “flawed in several areas and therefore not legally valid”.

The company added: “In particular, we feel that it is not appropriate that the process of deciding where housing should be located – known as ‘site allocation’ – should be delegated to the Uppingham Neighbourhood Plan instead of being part of the Site Allocation Policies prepared by the county council [Rutland]. Site allocations in Uppingham currently form part of the Uppingham Neighbourhood Plan prepared by Uppingham Town Council.

“We do not believe that this is an appropriate way of delivering the county council’s Core Strategy – which sets out how Rutland will meet future housing need – as the Core Strategy expressly states that the location and details of future housing development should be determined through the Site Allocation Policies.”

Larkfleet said that when it became aware that Rutland planned to hold a referendum on the neighbourhood plan, it asked the council to give an assurance that, following the referendum, it would not take any further steps to formally adopt the plan before the company’s legal challenge had been considered by the Court.

“As a result of that assurance, the council will take no further action towards adopting the neighbourhood plan pending the final determination of the legal proceedings,” the company revealed.

Source: http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=19325%3Ahousebuilder-launches-planning-court-challenge-to-neighbourhood-plan&catid=63&Itemid=31

More on EDDC v the Information Commissioner (Exeter Magistrates Court, 10 am 28 August 2014)

http://www.westernmorningnews.co.uk/Tribunal-rule-Devon-council-blocking-Sidmouth/story-21746589-detail/story.html

News from COVOP (Community Voice on Planning)

COVOP is a national grouping of local initiatives where people are unhappy about how the National Planning Policy framework is working (or rather not working). Their latest news update is below:

1. Many people have been invited to participate in a discussion forum on 1st September as part of the Parliamentary enquiry into the NPPF. There must be at least 50 people going and most are members of groups associated with CoVoP. We all have local issues to discuss but the following list of topics from our discussion with Greg Mulholland and his colleagues does suggest a common thread which we could all use.

2. As a result of our discussions with MP’s and other interested groups, we

believe that the following are the main areas where change to the planning system would be helpful now or early in the life of the new government:

1. The calculation methods used for determination of housing needs are

based on long term economic forecasts of dubious accuracy but Local Plans must be based on them; they should be based on historic trends and include a range of figures (minimum based on pure historic trends and maximum based on projected economic growth).

2. The calculation of the five-year housing land supply should be based

on the minimum figure of housing need and should include all permissions not just those which developers chose not to land-bank. The five year land supply target does encourage house building but the current calculation methodology has the appearance of allowing inappropriate land-grabbing by developers. The inclusion of permissions in the calculation would ensure that sufficient land was allocated but would then encourage building on

those sites. Allocation of land for housing is essentially a one-way

process; once included in a development plan, there is no going back – only under-provision can be corrected later, by making further allocations if the projection turned out to be too low. If there was over-provision, either because the projection was too high, or because land came forward more quickly than expected, no corrective action is possible.

3. An increased emphasis to be put on affordable housing. Evidence shows that many developers prefer to build executive homes and that they actively attempt to reduce the number of affordable homes included in developments. The main need is for affordable homes for individuals and young families and for older people to downsize to. The policy should encourage councils to prioritise affordable homes and bungalows for elderly people who want to downsize but still want a garden for themselves and their grandchildren.

4. The role of planning inspectors should be reviewed to ensure

independence and to reduce their quasi-judicial status.

5. The constitution of planning committees and role of LPA planning

officers should be clarified (should be supporting the planning authority and the electorate not promoting developers).

6. The elimination of “costs” in planning appeals – if developers chose

to field numerous barristers, they should pay for them win or lose.

7. Prioritisation of brownfield developments over green spaces.

8. Importance of infrastructure planning and funding early in the life of developments.

9. The need to allow time for local plans to be agreed (perhaps a

moratorium on new applications for anything other than brownfield sites until plans are in place).

3. Please take the opportunity to look at our website and see the

advertisement on the front page from Cheshire East (click on the title for a pdf). Also see our link to the oral evidence session to the NPPF

Review committee on July 9th. David Gladman (planning-broker and Partner,

Gladman Developments) was giving evidence. By his own evidence, he has interests in 200 planning applications in 70 LPAs. He thinks that all decisions should be taken by planning officers as planning committees are old people who are set in their ways and who refuse to accept his assessments of housing needs.   His evidence has its funny side. At the start of the session, the MPs had declared connections to local councillors (wives, fathers, party workers, etc). Mr Gladman did not appear to be aware that he was attacking people they value or indeed the values of democracy. He is very cross that Cheshire East refused his offers to let his team of planners work on the Local Plan and draw it up for them!

It has to be said that, judging from the reaction of the MPs to Mr G.’s sparkling personality, he has probably done more for our cause then anybody else who gave evidence to the Committee. At least they might now understand why there are at least 70 LAs where a lot of people are not very happy with the NPPF!

4. Finally we congratulate Mr Boles on his new appointment and welcome the

new Housing and Planning Minister Brandon Lewis. I’m sure that you know that he was already under-secretary of state within the Department for Communities and Local Government (DCLG) and held a wide range of responsibilities including local government, fire services, high streets, town centres, markets, travellers and pubs. We hope that he will take the opportunity of his new appointment to make the changes to the planning system outlined above.