EDDC shortcomings raise issue of “integrity in public service”

Today’s Sidmouth Herald has this letter on the subject, from Newton Poppleford resident, Emma Coppell

‘I note that EDDC state that they can “only hope” that the proposed doctors’ surgery at Newton Poppleford will be built following the recent judicial review of the King Alfred Way planning approval. In fact, relying on hope is all they could ever have done, as that is all the law allows.

To be clear, a planning obligation offering such a blatant inducement is not simply against the wishes of a group of troublemakers or NIMBYs, as EDDC would have people believe, but against the law. Developers’ offerings can only offset the direct impact of the development, otherwise the council is powerless to force the developer to provide them. This was always the case, it has not arisen from judicial review. Such a basic premise ought to have been known by planners, yet they told the committee otherwise.

Second time around, following judicial review, councillors were expressly told that the doctors’ surgery could not be enforced. The planning committee chose to trust in nothing more than a verbal promise to build a surgery, and therefore voluntarily submitted themselves to the ‘hope’ about which they now complain, putting themselves at the mercy of the developer’s whims. This is no way to conduct planning decisions; common sense dictates that a community benefit should only influence the decision if the developer is guaranteed to provide it.

Instead of blaming residents for ‘causing’ this outcome, it is about time that EDDC recognised both the spirit and the letter of the law, and acknowledged their own shortcomings in dealing with this application. The most tragic aspect of this whole sorry episode is that it represented an opportunity for the council to hold their hands up, acknowledge their mistake and learn from it. It is now clear that they intend to continue to do whatever suits them, even if this contravenes the law. Their dogged determination to apportion blame elsewhere at all costs would be laughable were it not such an affront to the idea of integrity in public service. ‘

If you want to return to freedom for the public to speak at council meetings …

… it may be that you should consider standing as an Independent or other minority group candidate as it seems highly unlikely that a new council made up of the same people (who were described as MPs as “pale, male and stale”) would ever agree to a return to people being given a full opportunity to speak without having to jump first through several red tape hoops and thereafter to take part in a lottery for the ability to make their views known.

Eric Pickles seeks technical consultation on planning

Some of us may feel we know almost as much, or more, about the technical aspects of planning than do many of our officers and councillors!

It is worth reading just for the comments om town centre parking alone and is also useful about changes that could be made to Environmental Impact Assessments and improving the NPPF:

Click to access Technical_consultation_on_planning.pdf

Another bid for secrecy bites the dust

… “Defra refused to disclose the Risk and Issue Logs (RILs), which demonstrate the project board’s hidden assessment of the risks associated with developing a farmer-led badger cull prior to the minister’s decision on introducing the policy.

In June 2013, the Information Commissioner ordered Defra to disclose the RILs, finding that the public interest test favoured disclosure.

The Government department first appealed to the First-tier Tribunal and the case was exceptionally transferred directly to the Upper Tribunal where it was vigorously defended by the Information Commissioner together with the Badger Trust as second respondent.

Following two days of evidence and submissions at the Royal Courts of Justice in London, the Tribunal indicated that it was unconvinced by any of Defra’s public interest arguments to justify withholding the RILs.

Full judgment is expected to be handed in due course and there will also be a further hearing around late October to address important wider issues to clarify the legal exceptions relied on by Defra to keep the Board’s assessment of the risks under wraps.”

Read more: http://www.westernmorningnews.co.uk/Landmark-legal-decision-paves-way-publication/story-22050510-detail/story.html#ixzz3989mxb2f