Who will take the decision whether to appeal the appeal for disclosurof Knowle relocation documents?

The Chief Executive (Williams) and Deputy Chief Executive (Cohen) along with ? who else must have taken the original decision to suppress the reports discussed in secret meetings when they were requested by Mr Woodward,

This decision to suppress the reports, to our knowledge was never brought to any public council committee.  Who took the decision to suppress?

Eventually, the Information commissioner said that (redacted) reports should be published.

The ” council” then decided to appeal this decision.  Who made that decision and why?  Who reviewed it and agreed with it?  How many councillors knew what was happening?  Who thought up the idea of saying reports could not be published because the consultant was “an embedded employee” of the council?

The Deputy Chief Executive (Cohen) was chosen to present the justification for suppression and appeal at the court case in August 2014.  The council’s solicitor (Lennox Gordon) presumably must have been asked for advice (though at the Court case they had engaged an outside barrister to present the case).  The Chief Executive and ? who else must have then sanctioned this course of action.  It was, to our knowledge, never brought to any public council committee.  Who else knew about this?

At the Court case, Deputy Chief Executive Cohen admitted that at least one report from the outside consultant (Pratten) had been changed by him – Cohen – before being given to the Overview and Scrutiny Committee.  The Overview and Scrutiny Committee were not aware of this at the time and (as far as we know) still do not know what was changed or why.  Who else (if anyone)  was involved in the decision to change the document before it went to them?  Have members of the Overview and Scrutiny Committee since seen the original?  Would it have changed their views if they did not see it and have not since seen it?

Are there more reports (changed, not changed) other than those under review that they and other councillors should have seen prior to making an informed decision about relocation either to Skypark or Honiton/Exmouth and then sale of Knowle that might have affected their decision?

After the Court case in August 2014 it appears that EDDC dragged its heels in providing the judge with documents and insisted that some of them were illegible.  However, subsequently, legible copies were found and submitted as late as March 2015.  Who insisted that only illegible copies were available?  Who knew that there were legible copies available and why were they delayed?  Why the long delay?

Now that the court has heavily criticised all those involved, the decision can again be appealed, at probably even greater cost than the last appeal.  We do not yet know the full cost of the last appeal except that it is more than £11,000 PLUS officer time, as EDDC never apportions cost of officer time to its work.

So, who takes the decision to appeal the appeal?  The same people who suppressed the documents?  The person/people who altered at least one document before it went to a committee?  The people who said that some documents were illegible when they were not?   The people criticised by the court for being “unhelpful and discourteous?

Who is left who has not been involved in this sorry saga who can be trusted to find out the answers and make decisions now?  If we return the “same old” how can we be sure this will not be brushed under a carpet so precariously balanced on all that is now underneath it?

Brave independent councillors kept bringing this subject up time and time again only to be told to stop tilting at windmills.  What is here is definitely not windmills.

Only a vote for Independents tomorrow can ensure that the carpet is lifted so that we can all see what has been swept underneath it all these years.

Including, of course, some searching questions about the seven year delay to a Local Plan which has left us at the mercy of rapacious developers.

The  future is in your hands tomorrow.

 

 

 

 

 

 

 

 

Bucks, so many bucks, so many questions … such a nasty, nasty smell of dirty linen

Now we have had time to digest the findings of the judge in Information Commissioner and Jeremy Woodward (and many, many thanks are due to Jeremy and his occasional stand-in Richard Thurlow for doggedly pursuing this) there are SO many questions to be asked, some of which current commentators have already suggested.  Now, where will the buck stop and who is going to answer questions ?

First and foremost we must be concerned with the damning evidence.  In Tower Hamlets, when the Commissioners arrived to take it over, the first thing they did was sequester ALL documents and correspondence though it is believed that some were already missing.  Is it possible that some of OUR evidence is vulnerable to deletion and shredding?  We hope not but we cannot be sure.  However, traces will abound everywhere and sometimes what is missing throws even more light on what is going on.

At best what has occured is incompetence and, at worst, deceit –  as a correspondent says – which is it?

The questions people are posing:

1.  The different versions of documents and their legibility.  The Judge in the case is STILL not sure he has original documents or all documents.  He says that for months EDDC said that they could not provide legible copies of documents and yet, at the last moment, some turned up.  However, the judge also says that he is not entirely sure they saw ALL the documents they were meant to see – he refers to document 5A when he appears not to have been given document 5, for example.

2.  At the hearing Richard Cohen admitted that he did not give an original version of a document to the Overview and Scrutiny Committee but an “amended” one.  Where is the original copy of THIS document and would it have changed what that committee decided?

3.  Why did EDDC officers and top councillors keep delaying the process.  Were they hopeful that this could be kept under wraps until after the election tomorrow.  They almost managed it if this was the case.

4.  How and why were the decisions to prevaricate made and by whom:  was it CEO/Cohen/Diviani or a larger (or smaller) group?

5.  How will those in (4) above manage to keep this from the NEXT Overview and Scrutiny Committee?

6.  Who decides what goes to an Overview and Scrutiny Committee?  Those in (4) above!  And will it go to the Standards Committee?  (Answer here:  almost certainly not if the same people remain in power).

7.  What is now the position of Knowle sale?

8.  Who takes these decisions – officers and then the councillors are led by the nose, or councillors and then officers are led by the nose or a combination of councillors AND officers and then everyone else is led by the nose?  We know from Councillor Peter Sullivan that, as a Conservative councillor, he was not allowed to see documents.  Who was in the “golden circle”?

9.  Why did NO-ONE blow the whistle when they realised what was happening?  Why was it left to brave Independent councillors, bloggers and – most important – local resident Jeremy Woodward, to uncover this very dirty, dirty linen?

Should Council officers shamed by QC’s comments, be considering their position?

SOS may not be alone in thinking so. This press release has just been issued: http://saveoursidmouth.com/2015/05/05/sos-press-release-on-tribunal-decision/

So, more Knowle information must be published

Links to the judge’s report are on the SOS website:  http://saveoursidmouth.com/2015/05/05/tribunal-qc-makes-special-mention-of-discourteous-and-unhelpful-conduct-of-the-appellant-eddc/

EDDC loses its appeal to keep Knowle relocation reports secret, with scathing commentary on Council’s behaviour!

The Judge’s report ends with this REMARKABLE paragraph:

‘ This Tribunal takes the unusual and unfortunate step of commenting on the conduct of the appeal itself.

We are unanimous in our view that this appeal has taken much longer than it should have done and the reason for this seems to be the failure on the part of the public authority, the appellant, to address itself with sufficient attention to the details of what information and documents it was sup- plying to the Commissioner and ultimately also to the Tribunal.

It was not until March 2015 that a fully legible copy of the disputed information was supplied and seemed to be complete. This is, in our collective experience, wholly exceptional and the time spent dealing with what we believe to be five different sets of disputed information is simply not a good use of the Tribunal’s time nor fair, in terms of delay, to the requester.

Correspondence on behalf of the Council, rather than ensuring the Tribunal was assisted in its function, was at times discourteous and unhelpful including the statement that we had the most legible copies possible. A statement, which was clearly inaccurate as subsequently, we have been provided with perfectly legible documents.

We believe this appeal could and should have been dealt with completely at the hearing in August 2014 and the decision promulgated six months ago had the Council discharged its responsibilities properly’.

A press release is due shortly, from Save our Sidmouth.

Famous Budleigh author Hilary Mantel is voting for Claire Wright

Famous Budleigh Salterton author Hilary Mantel (Wolf Hall, Bring out the Bodies) is voting for Claire Wright!

Hilary Mantel

“I’ve missed most of the campaign because I’ve been abroad, but returned to an atmosphere of dead-eyed horse-trading. The electoral air is fetid, the major parties demeaning themselves; it would be funny if it weren’t so disgusting. I mean to vote for our independent candidate in East Devon, Claire Wright. She is an experienced local councillor who has covered the ground, knows what matters to people here, and talks in concrete terms rather than mouthing slogans.

East Devon is a safe Tory seat so in a sense it doesn’t matter what I do. But I hope that if enough people turn out for her, a decent, young, energetic candidate will be encouraged to keep striving. It’s a vote for the political process rather than a political party. Which is an act of faith, and seems the best one can do.”

http://www.newstatesman.com/staggers/2015/05/weeks-magazine-power-struggle

Former Senior Lib Dem urges local Lib Dems to vote for Claire Wright

From the blog today of Mike Simpson, who stood against Health Secretary Jeremy Hunt in the 2010 Parliamentary elections (our highlighting):

Five years ago I was the Liberal Democrat Parliamentary Candidate against Jeremy Hunt, the Tory Minister who then became Health Secretary, coming second but by a wide margin. I did not expect to overturn his large majority but I DID expect that the Liberal Democrats would keep their word on tuition fees and that in any coalition with the Tories they would secure a change in the electoral voting system. To say I was disappointed with what happened is an understatement. The election this week will demonstrate just how much damage has been done to the Party I believed in. The betrayal of students and of the electorate in general has left a very bitter taste for many of the 6.8 million people who voted for them. Current projections are that the number voting for the Lib Dems will reduce to below 4 million on Thursday.

I grew up in Sidmouth in East Devon and went to school in Ottery St Mary. I still have family living there and I love this beautiful corner of the West Country. I have been watching the election campaign there and have been very impressed with the campaign of one particular candidate who appears to be a strong antidote to the cynical and deceitful manipulations which have so badly corrupted British politics in the last few years. She is the Independent Claire Wright and she has an excellent chance of beating the sitting Tory MP in what has always been a true blue constituency. Even the Daily Telegraph think so!

Claire is a strong advocate for local community hospitals. She will fight for better support for carers including home based care and respite and for improvements to underfunded mental health services. Her support for small businesses includes a demand for fairer business rates for small traders.

Probably the biggest reason for her growing popularity is that she has a strong record of independent campaigning in favour of the local community at a time when the Tory-controlled East Devon District Council (EDDC) has ridden roughshod over the concerns of local people as exemplified by their  foolhardy plans to move their headquarters at vast expense. On her website Claire says she will:

  • Pressure EDDC to scrap its risky, wasteful and expensive relocation plans
  • Insist that EDDC listens to local people and carries out genuine consultation when change is proposed
  • Campaign to amend the National Planning Policy Framework, so it is less about economic growth and more about balanced communities
  • Listen to local people’s views on protection for the countryside and nature
  • Hold Conservative-led EDDC to account for its failure to achieve a Local Plan acceptable to a planning inspector
  • Campaign for new rules for developers to properly recompense communities for development

I admire and applaud Claire Wright’s independent spirit and community based campaigning and I am therefore urging all those who would normally vote Liberal Democrat or Labour to give your support to Claire on Thursday.

https://shakinguppolitics.wordpress.com/2015/05/04/claire-wright-deserves-to-win-in-east-devon-this-thursday/

 

Our CEO/Returning Officer makes yet another mistake

Mr Williams, in his capacity as Electoral Returning Officer, contacted Count Agents with the following information. Under the heading “Count Schedule and Location” it says:

Due to the obligations of the Returning Officer, it will not be possible to hold local counts for the local elections this year. All counting will take place at East Devon District Council Chamber, Sidmouth on Friday 7 May *and estimated timings are enclosed with this letter.”

It seems his staff for which he had a budget of more than £120,000 doesn’t include a proof reader … or anyone who knows that the elections take place on Thursday 7 May and the count commences on the morning of Friday 8 May 2015 (district).

And what EXACTLY are these new obligations that mean votes are not counted where they were cast?

Safe seat, Hugo? The Daily Telegraph isn’t so sure!

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“Ms Wright is the Conservative minister’s best-placed challenger, the bookies say, with Ladbrokes giving her 5-1 odds to win, better than Ukip (14/1), the Liberal Democrats (66/1) and Labour (100/1). Her odds, originally quoted at 66/1 by William Hill, have improved and now stand at 9/2. Hugo Swire’s odds, however, have deteriorated, slipping from 1/12 in late February to 1/6. So who is this independent threatening Hugo Swire’s seat?

Claire Wright, an independent councillor representing the town of Ottery in East Devon, stood for Parliament because she was “angry about the way central government treats its citizens”. A local campaigner, the 39 year old worked in the NHS from 2001, in a public relations role, starting numerous health campaigns. She also worked for Devon County Council before becoming a freelance in 2008, serving on Ottery Town Council from 2009 to 2013 and then East Devon District Council.

In May 2013, Claire was elected to the Devon County Council after securing 2,974 votes which represented 74 per cent of the total vote, making it the biggest share in the South West. She is the leader of the non-aligned group of three Independents on the council and one Green councillor. On the council, she has focussed on two issues: transparency and working to “save the district from the very real threat of over-development”.

http://www.telegraph.co.uk/news/general-election-2015/politics-blog/11570165/Meet-the-Ottery-independent-candidate-who-could-take-one-of-the-Tories-safest-seats.html#disqus_thread

Hugo pic “Excellent response on doorstep”

Yeah, they look pretty pleased to see him and Ray Bloxham – pic and comment from Hugo Swire twitterfeed pics – no photoshop:

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Lympstone: Independents’ Corner

http://www.eastdevonalliance.org.uk/candidates/woodbury-lympstone/rob-longhurst/#gallery

Gather Hugo drove past this site recently – bet that upset his digestion!

Is EDDC’s second Draft Local Plan doomed to fail and leave us with the current developer free-for-all?

A GOVERNMENT inspector is challenging East Devon District Council to explain a series of decisions it’s made regarding future, district-wide development before he gives his long awaited stamp of approval.

In April last year, planning inspector Anthony Thickett rendered the council’s draft Local Plan 2006 – 26, as “unsound with serious evidential failings”.

Since then, the council has been working hard to address the short fallings, including that the plan’s 15,000 housing target was not justified by evidence submitted which the inspector dubbed “inadequate and not up to date”.

Mr Thickett also rendered the absence of an up-to-date Strategic Housing Market Assessment (SHMA) as a “serious failing” which made making a full assessment of need difficult.

So the council went back to the drawing board and now year on, in March, the council approved its latest draft which saw a number of significant changes:

The council is now recommending an alteration and extension to the period it covers, from April 2013 to March 2031.

And, as a result of the long-awaited SHMA, the council has said that, based on job projection growth, 17,100 homes should be built across East Devon over the next 18 years – 950 per year, and 200 more per year than originally projected.

The council has now launched an eight-week public consultation and as part of this information gathering phase, the inspector has submitted a number of questions, the answers of which will help him inform his conclusions.

Despite the council having already sought to address any issues raised by the inspector last year, a council spokesperson said it was “usual practice” for inspectors to raise challenges to Local Plans at this evidence reviewing stage.

But one East Devon resident, David Daniel, from Budleigh Salterton, has raised concerns that the plan could be set to fail again because the questions that the inspector has asked, echo clarification that he sought over a year ago and which formed the basis for the failure of the plan.

For example, a year ago, the inspector instructed the council to make more progress assessing the need for gypsy and traveller sites and to identify locations where sites could be created – but, now a year on, Mr Thickett has said the council has “failed” to allocate land to gypsies and travellers in the Local Plan which therefore, “does not accord with national policy and is unsound”.

He asks how the failing can be rectified. The inspector also asks whether the council has “robust and reliable” evidence to support the revised housing target of a minimum of 17,100 new homes between 2013 and 2031. He goes on to ask: “Assuming 17,100 is the right number; does the plan make adequate provision for its delivery?”

The council spokesperson would not confirm whether the inspector’s questions suggested that the issues he has raised have not been adequately answered.

But one East Devon resident, David Daniel, from Budleigh Salterton, has raised concerns that the plan could be set to fail again because the questions that the inspector has asked, echo clarification that he sought over a year ago and which formed the basis for the failure of the plan.

For example, a year ago, the inspector instructed the council to make more progress assessing the need for gypsy and traveller sites and to identify locations where sites could be created – but, now a year on, Mr Thickett has said the council has “failed” to allocate land to gypsies and travellers in the Local Plan which therefore, “does not accord with national policy and is unsound”.

He asks how the failing can be rectified. The inspector also asks whether the council has “robust and reliable” evidence to support the revised housing target of a minimum of 17,100 new homes between 2013 and 2031. He goes on to ask: “Assuming 17,100 is the right number; does the plan make adequate provision for its delivery?”

The council spokesperson would not confirm whether the inspector’s questions suggested that the issues he has raised have not been adequately answered.

Mr Daniel, said: “The questions make devastating reading and there is a very real possibility that the council’s revised plan will be rejected for the second time.

“His principal reasons for throwing out the last plan were: That the housing targets were not based on empirical evidence; there was no five year land supply; that the plan period was too short; and there was no plan for gypsies and travellers.

“When reading the inspector’s latest comments, as consultation questions, it seems as if the council has failed in the past year to provide satisfactory answers to any of these.

“Without an adopted Local Plan we are at the mercy of uncontrolled development.”

A council spokesman said: “We have sought to address all the issues in the draft local plan and the inspector is now reviewing the evidence and seeking public opinion.

“It is usual practice for inspectors to raise challenges on Local Plans, which is what Mr Thickett is doing. Housing is invariably the highest profile issue. The purpose of the inspector’s questions is to gather more information to help inform his conclusions on the Local Plan.”

http://www.exeterexpressandecho.co.uk/Inspector-challenges-East-Devon-council-questions/story-26435085-detail/story.html

What you can do if you are not happy with your Returning Officer’s performance

Fees can be witheld or reduced:

Click to access Guidance-on-process-for-witholding-or-reducing-RO-fees.pdf

Councillor uses Sidmouth Streetlife to propound his views.

from a correspondent (happy to be named as Sandra Semple):

Didn’t Archant promise a purdah period?

Aren’t councillors supposed to show an imprint when they distribute pre-election material?

Under a heading “My Election News” a councillor identified as Peter S makes various political claims:

https://www.streetlife.com/conversation/3kpv1ltvmcvg1/?utm_term=sidmouthherald.co.uk&utm_medium=widget&utm_source=archant

imageimage

 

I made a complaint about this in the column (Sandra S) which was removed almost immediately by the newspaper which has allowed other comments to continue (no, actually it refuses to accept my password!)

[Subsequent posts to this make an interesting read as readers take the councillor to task for admitting that he took a decision on incomplete information – his Cabinet having denied other councillors the rightt to see many of the documents that led to their decision – Ed EDW]

Electoral Commission document states:

You must:
• Use imprints on all your campaign material, including websites. See paragraph 1.26 below for more information.

Websites and other electronic material

1.33 You should also put an imprint on electronic material, such as websites and emails. The imprint should include the name and address of the promoter and the organisation on whose behalf it has been produced.

Click to access Part-4-The-campaign-P-and-C.pdf

Is this an appropriate use of the Streetlife ethos (chatting about what is going on in your local community)? And why was my comment censored?

 

Straight answer on Twitter from Hugo? Not on your life – but we do have his “Devon” email address!

But at least we all now have his email address … look forward to hearing what he replied to this:

image

swire4devon@googlemail.com

Misprint? Surely it should be:

swire4eastdevon@googlemail.com

Or does he know something we don’t?

Behave at polling stations, candidates: won’t be easy in a pub used as a polling station

1 Offence of campaigning within a prescribed area

(1) It shall be an offence to engage in campaigning activity within a prescribed area around a polling station on the day of a relevant election at any time during the period in which the polling station is open.

(2) In this Act, “campaigning activity” means—

(a) the promotion or distribution of any literature associated with election candidates, political parties or associated organisations;

(b) the use of audio equipment, whether stationary or mobile, for the propagation of messages relating to an election; or

(c) oral communication for the purpose of eliciting voting intentions or influencing the casting of a vote.

(3) The “prescribed area” referred to in subsection (1) shall be an area represented by a circle with a radius of 250 metres from the main entrance of a polling station.

http://www.publications.parliament.uk/pa/cm200607/cmbills/027/07027.i-i.html

#VoteCameronOut trends on Twitter

We’re 6th richest country in world but b/c of Tory induced austerity 1 million people rely on food banks to feed themselves #VoteCameronOut

— Harry Leslie Smith (@Harryslaststand) May 2, 2015

We have to #VoteCameronOut because he thinks austerity is for you and me, not for him and his friends: pic.twitter.com/ofPPxIqpSG

— Tom Pride (@ThomasPride) May 2, 2015

I don’t want to live in a country that penalises the poor for having a spare bedroom. When the rich have spare mansions. #VoteCameronOut

— kathleen stonehouse (@catethetwaate) May 2, 2015

Because I’m sick of being told that what’s in the interests of multinational corporations is in the interests of everyone #VoteCameronOut

— Greg Frame (@greggles97) May 2, 2015

We still don’t understand why Hugo Swire …

… does not have his second home in East Devon:

“address in the Central Devon constituency”

Click to access spn-nop-sps.pdf

What’s wrong with East Devon, Hugo?

Central Devon is highly rural and the only constituency in the country without a conurbation with a population of over 10,000. The largest towns in Central Devon are Bovey Tracy/Heathfield, Okehampton and Credition all with populations under 8,000.”

http://centraldevonconservatives.co.uk/CDCA/CentralDevon.aspx

Ah, so you like it REALLY small-scale and rural then – yes, we can see why concreted East Devon wouldn’t appeal.

Safe seat, Hugo? Hhhmmm …

Today`s Western Morning News magazine (from page 12) includes a feature on two westcountry women who may become MPs on Thursday.

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Julia Goldsworthy who hopes to regain the Falmouth seat for the Lib Dems.

And Claire Wright of East Devon – huge photo all of page 14 and story on page 15.

Enjoy your breakfast, Hugo! Perhaps not the All Bran this morning ..*

*Hugo photographed clutching a carton of All Bran at his “non-political” visit to a local food bank last week – the one reported here where he said people who use food banks “should learn to cook for themselves” … and “manage their own affairs” … and ” understand why they are coming”…
https://eastdevonwatch.org/2015/04/28/what-hugo-swire-thinks-of-people-who-use-food-banks/