Style over substance or the real thing? You decide:
https://new.devon.gov.uk/democracy/how-the-council-works/devolution/
So, about that EDDC new HQ ……
Daily Archives: 4 Sep 2015
Does this decision about a public green in Exeter affect Knowle Parkland
Judge upholds challenge over town green and local authority land
Friday, 04 September 2015 09:43
A High Court judge has recently upheld a judicial review challenge by a campaigner over an inspector’s refusal of an application to register land in Exeter as a town green, it has been reported.
The case of R (Goodman) v Secretary of State for the Environment, Food and Rural Affairs related to Exhibition Fields in Pinhoe. The application to register the land as a town green had been referred by Devon County Council to the Planning Inspectorate for determination (as Devon is a ‘pilot’ registration authority.
The planning inspector rejected the application for the following reasons:
He concluded that Exeter City Council, as landowner, had impliedly appropriated Exhibition Fields from employment use such that the land thereafter became held as recreational open space and any recreational use was “by right”; and (and in the alternative)
as the city council had held fairs and a circus on part of the Fields, any recreational use of the land for sports and pastimes had been impliedly permitted, following the decision in R (Mann) v Somerset County Council [2012] EWHC B14.
The claimant took the case to the High Court, with Mr Justice Dove ruled in their favour on 30 July.
According to Francis Taylor Building, the judge held – in relation to the inspector’s first conclusion – that, for an implied appropriation to have occurred, there must be evidence that the local authority directed its mind to, and answered, the statutory test for appropriation set out in s.123 of the Local Government Act 1972. Simply managing land as recreational open space was not of itself sufficient to give rise to an implication that an appropriation had occurred.
In relation to the second of the inspector’s reasons, the High Court judge held that for an implied permission to arise there must be evidence that the landowner intended to grant permission and also that, in the case of local authorities, the nature of the landowner’s action was relevant including, in the Goodman case, that the intervening acts of the landowner were of themselves for the purposes of public recreation.
FTB’s Douglas Edwards QC acted for the claimant, leading Simon Lane of Magdalen Chambers in Exeter. They were instructed by Susan Ring and Harry Campbell of Richard Buxton, solicitors.
Commenting on the case, FTB said: “The case helpfully clarifies some elements of the law relating to town and village greens as it applies to local authority land and reduces the scope for local authorities to rely on ‘implied’ appropriation and implied permission for recreational use so as to defeat a town green application.”
Further evidence for the Local Plan and EDDC tries to pass the buck to the National Trust and Woodland Trust for required open spaces
Mr Thickett said he would allow the participants at the housing session an opportunity to see and comment on the Council’s further submissions.
The further submissions can be accessed here:
http://eastdevon.gov.uk/planning/planning-policy/emerging-plans-and-policies/the-new-local-plan/examination-and-hearing-sessions-and-further-consultation-at-april-2015/august-2015-evidence/#article-content
If you wish to make any comments on the new evidence and submissions only; on other matters will not be accepted, please submit these comments to me the Programme Officer by 30 September 2015.”
Our comment:
The EDDC “evidence” does not inspire us with enough confidence that sufficient robust evidence has been supplied by EDDC, particularly in respect of Habitat Mitigation obligations.
Many aspects have been left for the Inspector to decide because Natural England and EDDC cannot agree that enough has been done to safeguard special sites.
It also says that the Exmouth Splash Masterplan as it stood at the last hearing, may well not be the one that Exmouth ends up with but they don’t see why this should hold up the Local Plan.
Exmouth Splash: EDDC implies: don’t take any notice of what we say!
Yesterday, 3rd September, EDDC updated its page about Exmouth Queen’s Drive Development. (http://eastdevon.gov.uk/regeneration-projects/regeneration-projects-in-exmouth/queens-drive-leisure-area/)
There were a number of striking, and confusing statements within the update. In relation to the current tenants, it listed the dates when there had been communication between the parties. It listed the latest as January 2015. This comes as rather confusing given EDDC’s public claims of keeping the existing tenants fully informed.
This confusion may be explained by a later paragraph which is worth quoting verbatim here.
“Existing tenants
Businesses currently operating at Queen’s Drive will continue to trade beyond 30 September 2015 until the necessary legal procedures have been followed and concluded regarding their future. We would like to apologise to our tenants and their customers for any confusion or misleading statements that have been in the press. Residents and visitors to Exmouth will be able to continue to use the facilities for the foreseeable future.”
end quote
Explained by EDDC’s confusion and misleading statements that have been in the press perhaps, and news to the tenants?
As recently as the 2nd September, at least one of the existing tenants considered themselves potentially forced out of business according to EDDC and their 30th September deadline.
Not only that, in the Express and Echo story of the 3rd September, EDDC are quoted “EDDC said that the existing tenants on the Queen’s Drive site have been informed of the news and can trade until September 30, when work will begin shortly afterwards.
Another notable omission from EDDC’s page is the absence of any mention of the developers who had put forward the most recent plans – though their June debut still features on EDDC’s website ( http://eastdevon.gov.uk/news/2015/06/18-m-waterfront-transformation-beckons-for-exmouth/)
It was this company’s proposals that added significant residential elements to the plans, at, it would appear, the expense of children’s play areas and water play elements. There have been concerns about the favoured developer and some of their past projects.
Elsewhere EDDC have been challenged to provide the evidence for their claims that they have consulted widely, and the inference that their projects are supported by residents and visitors. Their response is eagerly awaited.
Civilian staff have ” blue light” company cars in Devon and Cornwall police
“COMPANY cars with blue lights and sirens have been given to seven police forces in England for civilian staff who are not trained to use them – including Devon and Cornwall, the BBC has reported.
Among those were nine senior staff including finance, HR and IT directors. The main recipients were finance directors.
The BBC reported that one tax expert said the recipients could save thousands of pounds each year as emergency vehicles are treated differently by HM Revenue and Customs.”
However, the forces said the vehicles were part of their wider fleet, and denied they were provided for tax reasons.
Surely, the point should not be WHICH company car they get but WHY they get them at all.
Maybe, in a Corbyn world, it may be the poorer workers who get the cars and the richer ones who don’t – but no blue lights for civilians!
East Devon Watch 