Fracking to be allowed in AONBs, National Parks and World Heritage sites as long as it is done “sensitively”!

Drilling wells disguised as trees? Lorries disguised as dragon flies? Has anyone seen a sensitively-located coal mine or a sensitively-located car plant?

Full story HERE

… About half the UK is open for licensing, including parts of National Parks. But applications there will only be accepted in “exceptional circumstances and in the public interest”, said the government. The same rules apply for the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites. …

Unfortunately, we are in a district where our council refused to consider the creation of a new national park alongside Dorset as it meant they would lose control of planning.

Also interesting how organisations like the National Trust have interpreted it as a safeguard and not what it is: a loophole. Councils will use “economic growth” as the reason to allow it – rather like the NPPF uses the word to justify housing on AONBs and Green Belts.

If the Coalition had NOT wanted fracking in these areas, they would have explicitly banned it.

CoVoP members will attend discussion forum as part of Parliamentary enquiry into NPPF

An update from the secretary of Community Voice on Planning (CoVoP), has been received by EDA:

‘Dear All

Four things to update you on at the moment:

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.’

See also http://covop.org/

Letters to the Sidmouth Herald … oh dear for EDDC

This week’s Sidmouth Herald has 6 critical letters about our council:

One letter from Paul Freeman about the missing 6,000 (plus) voters missing from the electoral roll and finding the “explanation” from EDDC very wanting

One about how our council is mired in bureaucracy in spite of the major party’s pledge to “cut red tape”

One about the upcoming court case between EDDC and the Information Commissioner about EDDC’s refusal to release documents in spite of the Information Commissioner’s request that it should be published

Two about the omnishambles of planning and development in Newton Poppleford where a reason to allow one development was turned on its head to refuse another and where EDDC did not find it necessary to have an Environmental Impact Assessment on the Clinton Devon Estates site in spite of it being beside an Area of Outstanding Natural Beauty

One about the inability of the council to improve access the Byes even though they own the land which could allow improvements

Add the item about EDDC “restricting free speech” at its meeting and another item about voting for funding for £15,000 of sports cash has been delayed twice because EDDC felt that not enough old people and not enough young people had voted in the previous two rounds and it just hasn’t been a good week for our council.

Heritage is not just about stately homes says retiring head of Lottery Fund

“… Dame Jenny has a very clear idea of what heritage means.

“My definition is really anything that people value and that they want to hand on to the future. That can be a memory, a culture, a butterfly in Yorkshire or a fantastic landscape in Scotland, as well as a building that has been derelict in the centre of a small community and which, if they could just turn it into something, would transform that community.”

http://www.telegraph.co.uk/culture/art/architecture/10992657/Jenny-Abramsky-Heritage-isnt-just-about-stately-homes.html

NIMBYs have had their day – further reflections

The statement by the new Minister that the Coalition’s policies on development have brought great happiness to many people was based on two surveys: one of 3,000 people in 2010 and another of 1,000 people in 2013.

Minister … straws … clutching.

Perhaps it was a note Boles had left in his office!

A response to “NIMBYs have had their day”

Dear [Daily Telegraph] Editor,

This morning’s headline story (Minister: Nimbys have had their day – 26 July) in the Daily Telegraph beggars belief!

What on earth will it take to get the current government, and Brandon Lewis in particular, to wake up and smell the abject disbelief amongst the rural community in particular that “people now have a greater say in where housing goes”. A survey of only 3000 people in 2010 compared with a similar one of only 1000 in 2013 certainly does NOT compare with the responses registered with Community Voice on Planning (www.covop.org) and is remarkably thin evidence upon which to trumpet the progress of national government policy. If ministers quote from such a small sample it only serves to reinforce what the community has been saying for years – our ministers’ dogmatic presumptions hold sway in spite of the real world situation they are attempting to govern.

Those of us who have raised the uncontrolled inappropriate development rush issue – for in practice that is EXACTLY what it is at present, are NOT against development per se. What we are infuriated over is the repeated examples of poor strategic planning by local authorities. This is exacerbated by blatant exploitation of land-banking by developers – invariably on the easiest of development land, ie green spaces, who then make all sorts of promises of affordable home provision to gain outline planning permission only to renege subsequently by pleading non-viability once permission is gained and requisite infrastructure costs imposed; local authorities then invariably buckle under threat of legal costs of appeal and the developers get their way.

Construction of the open market houses doesn’t begin until the developer feels like it and the 5 year housing supply doesn’t get updated until they do. This leads to more applications while the going is good and infrastructure improvements to support any of this cannot be funded until the houses are built.

The community has NO say in this process yet it gives our blinkered politicians a warm and cuddly feeling that everything is going well! Oh really?

Paul S G Adams MBE
Vice-Chairman
DefeND North Devon

“NIMBYs have had their day” says new planning minister

Brandon Lewis seems to be taking the mantle of his predecessor, Nick Boles, with ease. He says that “communities that once opposed housing developments now support them because of the Coalition’s planning reforms” according to the front page, headline in today’s Daily Telegraph. He went on to give figures from a survey which appears to show that more communities are prepared to accept more housing.

http://www.telegraph.co.uk/news/politics/10991867/New-planning-minister-suggests-Nimbys-have-had-their-day.html

However, see here for a different take on this article from the National Trust:

… “However the comments risk causing anger in the countryside where the Coalition’s reforms have triggered a huge surge in planning applications for new house building – Many communities across the country are fighting plans for new housing estates imposed by councils that have to meet new five year housing targets under the reforms.”

http://www.nationalheadlines.co.uk/new-planning-minister-suggests-nimbys-have-had-their-day/420666/

A little note for the Development Management Committee

Just in case the Development Management Committee tries again to say that planning applications must be decided in 8 weeks (as it did when it rushed through the enormous Pinhoe development a little while ago) here is the definitive statement on this matter:

“Under the revised criteria, where 40% or fewer major planning applications are determined within the statutory time frame during the two-year assessment period, the LPA will be regarded as under-performing. The statutory determination period of 13 weeks must be adhered to, unless the application has involved the need for an Environmental Impact Assessment (where 16 weeks is the alternative) or any extended period was previously agreed with the applicant. There will be a limited exemption for LPAs that have decided only two major applications during the 24-month assessment period. “

Source:
http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=19353:planning-authorities-and-under-performance&catid=63&Itemid=31

When is “the public interest” not the public interest – a confusing conundrum when applied to our missing 6,000 voters

An exchange between the Chairman of the Parliamentary Constitutional Reform Committee, Graham Allen MP and the Chief Executive of the Association of Electoral Administrators on 1 May 2014 regarding Electoral Returning Officers (EROs) failing to complete house-to-house canvassing [recall it has been confirmed by Chris Ruane MP of the same committee that
EDDC’s ERO, Chief Executive Mark Williams failed to carry out house-to-house surveys in 2011, 2012 and 2013]:

Q282 Mr Turner: Are we speaking of a criminal offence or a civil offence?

John Turner: Which?

Mr Turner: The failure to do what Chris Ruane has asked should be done.

John Turner: There is a section in the Representation of the People Act 1983 that makes it a breach of official duty for a registration officer not to do that and follow the law.

Q283 Mr Turner: Does that mean a police officer would be handling that or a civil matter?
John Turner: No, it is a criminal matter, a criminal offence. It carries a penalty. I can’t recollect what it is offhand, but it is definitely a criminal offence. What I should also tell you is that I have been doing this for some long time now and I have never known anybody to be prosecuted for it.

Q284 Mr Turner: I am just wondering whether it would help if it were drawn to the attention of the local police officer.

John Turner: We go down an interesting route here. Things have happened where there have been investigations by the police—the police are only the investigating body in this sense—and it always ends up at the door of the Crown Prosecution Service and we get into matters where we start talking about public interest and decisions to prosecute. That would take us another five hours I fear, Chair, so—

Q285 Chris Ruane: Is it in the public interest to have 6 million people and the poorest people in the country off the electoral register? Is it in the public interest or not?

John Turner: That is a different question from the public interest to prosecute, but what I am saying is, in answer to your question, there is already on the statute book an offence of breach of official duty. It is certainly not within my bailiwick to decide how that should be enforced but it is there. It sits there.

See also
http://www.electoralcommission.org.uk/i-am-a/journalist/electoral-commission-media-centre/news-releases-reviews-and-research/electoral-registration-officers-must-all-conduct-house-to-house-canvassing-during-transition-to-new-electoral-registration-system

Skypark: “Improved accessibility to customers and visitors and cultural transformation!

Page 28, EDDC “Corporate Property Asset Management Plan 2014-2017

Knowle Office Relocation

Following a review of the Council’s main headquarters accommodation at the Knowle, Sidmouth, the Council have committed to the implementation of an office relocation programme. A Member Working Party has been established to oversee the programme and progress of the work of the Officer Working Group led by Richard Cohen, Deputy Chief Executive.

The key outcomes of the project will be:-

• Reduced overheads
• Improved carbon footprint
• Improved accessibility to customers and visitors
• Cultural Transformation”

Source: http://www.eastdevon.gov.uk/assetmanagementplan2014.pdf

Well, the “customers” are developers according to EDDC but as for “cultural transformation” – anyone hazard a guess as to what transformation people will have on what is currently a mostly industrial park adjacent to an airport runway!

Empty Devon County Council buildings cost thousands to maintain – some empty for 13 years

The redoubtable councillor Eileen Wragg – in so much trouble at EDDC because she has the courage of her convictions – has spoken about yet another example of waste in local government:

http://www.exeterexpressandecho.co.uk/Unjustifiable-Devon-County-Council-spends/story-21938011-detail/story.html

EDDC’s Asset Management Group meets in secret (of course) – wonder how many buildings EDDC has sitting empty or not being used appropriately?  We may never know.

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” …!

http://m.youtube.com/watch?v=TBhTSnr2Gh8

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

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.