Swindon Council to fight decision by inspector to grant permission for 100-home


Swindon Borough Council is to bring a High Court challenge over a planning inspector’s decision to grant an appeal by a developer seeking to build up to 100 homes on a site.

Ainscough Strategic Land brought the appeal over the site at Berkeley Farm in Wroughton after Swindon’s planning committee refused its application. The appeal was heard over four days in November 2015.

The council has taken legal advice “from a leading planning QC” and will challenge the inspector’s decision under section 288 of the Town and Country Planning Act 1990.

Swindon said its legal advice suggested that the inspector had erred in law in two respects:

He failed to properly apply the legal test under section 38(6) of the Planning and Compulsory Purchase Act 2004, “which requires that planning decisions are made by having regard to a local authority’s Local Plan, unless material considerations indicate otherwise”.

He misdirected himself in law “by suggesting in his report that the level of the shortfall in the council’s required five-year housing land supply is immaterial to his decision”.

Cllr Toby Elliott, Swindon Borough Council cabinet member for Communities and Strategic Planning, said: “The planning inspector’s decision is a disastrous one and we must stand up for local people and the integrity of the Local Plan process by challenging it. I am pleased that the legal advice we have been given supports this position.

“I hope this announcement gives the residents of Wroughton, who came together and produced a neighbourhood plan for their area, confidence that the council is doing everything it can to challenge the planning inspector’s decision.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26016:council-to-fight-decision-by-inspector-to-grant-permission-for-100-home-scheme&catid=63&Itemid=31

Anti-social behaviour and vandalism in Cranbrook when youth bus in town

“Concerns have been raised by Cranbrook Councillors following a spell of anti-social behaviour from youths in the town.

It was revealed at the town meeting on Monday 15, that anti-social behaviour and vandalism is becoming an issue for the residents of Cranbrook.

Councillor Kevin Blakey said that youth provision in the town currently isn’t working and action needs to be taken. He said: “We have had endless complaints from residents on for vandalism and anti-social behaviour.

“Bad behaviour seems to be escalating and we can’t sit on our hands a decision has to be made. It is becoming a focal point for some young people to misbehave and vandalising property as well.

It is not a massive rise but what has given us more concerns of anti-social behaviour was an incident where the railings by the primary school were damaged and a number of residents are rightly upset about it.

“What residents seem to be saying is that the behaviour seems to be worse on the youth bus days, which falls on Monday’s and Thursday’s.

“In the overall scheme of things it’s not a vast issue, it is not acceptable to anyone, especially the residents.”

The council made a proposal at the meeting to work with Devon Youth Services to further discuss how they can address the anti-social behaviour in Cranbrook.

“We did discuss as a council whether to suspend the youth bus, however we agreed that we are going to work with Devon Youth Services to try and find a solution of how we can make this work.

“What is going on at the moment is just not working and it is causing a lot of disruption to the town, and a lot of kids aren’t going because of fear of being bullied.

“We can’t be seen to close services for children when there is not enough as there is.

“We want to try to work more positively and look for more activities for younger people in Cranbrook.

“We need to recognise that there is an issue and we need look at how youth changes can be made in the town.

“As a council we want to be engaging in a lot of the youth, not just a handful of them.”

A spokesman from the Town Council said: “The County Council provides a mobile youth service (youth bus) to younger people in the area.

“It engages with about 70 young people with an average 15 to 20 people attending each of the two sessions each week.

“It’s an opportunity for young people to talk to trained youth workers for advice or assistance about things concerning them. It also gives the young people opportunity to get together to take part in activities. Each session runs for about 2.5 hours.

“The County Council is currently reviewing provision of the service in Cranbrook, with the Town Council and East Devon District Council, to look at what the service currently offers young people, what the community’s need for the service are, and where the best location for it might be.

“There is no evidence to support the notion that the act of vandalism which occurred on Thursday was connected to the provision of the youth bus on the same day.”

http://www.exeterexpressandecho.co.uk/Plans-tackle-anti-social-behaviour-Cranbrook/story-28745234-detail/story.html

MEPs and an EU deal …

Owl isn’t hooting about its EU views but has to say that Dave saying MEPs agree with it (whatever it is) is hardly surprising:

they get hundreds of thousands of pounds in pay;

they get hundreds of thousands of pounds in allowances including €275,000 for assistants;

they get massive pensions and pay-offs.

Do you agree with Christmas, Santa Claus?

Hinkley Point update

“Dr Doug Parr, Greenpeace policy director, said: “EDF’s accounts show growing debts and falling earnings. EDF management and employees warn taking on further risk could easily spell disaster for the company. Hinkley is a bad investment and most people with an ounce of financial acumen have now come to realise this.”

Greenpeace is now putting pressure on Chancellor George Osborne to drop his support for the project.

“Hinkley will be one of the most expensive objects on earth,” Dr Parr said. “George Osborne is happy to force this year’s school-leavers to pay over the odds for it until they are about to draw their pensions.

“But wind and solar power could be subsidy free well before Hinkley could ever come on stream.”

http://www.plymouthherald.co.uk/Doubts-18bn-Hinkley-Point-nuke-plant-EDF-profit/story-28744016-detail/story.html

Still awaiting the Heart of the South West Local Enterprise Partnership pres
take on this and its plans for if we do exit the European union …

Colyton Parish Council in trouble again

Honestly, with an ex parish councillor who is a district councillor and ex-chair of the EDDC Planning Committee (not to mention wife of the current Chair of Colyton Parish Council) you really would think they would have some expertise with a Neighbourhood Plan. On second thoughts … scrub that!

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Text:

THE development of Colyton Parish Neighbourhood Plan has got off to a rocky start with resignations and claims that the parish council, which is leading the project, has acted in a “threatening, aggressive and hostile” manner towards volunteers.

After a slow start on the plan, issues came to a head at last Monday’s council meeting, where volunteers complained that they had been accused of “having a shindig at the parish council’s expense” after suggesting that wine and nibbles would be available at a neighbourhood plan meeting.

Last year, Colyton Parish Council agreed to develop a neighbourhood plan, which will shape how the parish is developed in future years, and asked for volunteers to come forward to work on the project. Separate committees were set up in Colyton and Colyford, consisting of both councillors and volunteers, to deal with the individual issues which faced the two communities, as well as an overarching steering group to bring representatives from the two committees together.

The steering group met for the first time earlier this month, where it was agreed that an informal meeting would be held on February 24th for the two committees to get to know one another and potentially form working parties, and it was suggested that wine and nibbles would be available.

Parish clerk Liz Berry disagreed with the format of the meeting, saying that the council could not pay for wine and nibbles and that any neighbourhood plan meeting should follow official guidelines, which resulted in a number of emails being circulated between the clerk and volunteers.

Former Mayor of Colyford and chairman of the neighbourhood plan’s Colyford committee, Howard West, spoke in the public forum of last week’s parish council meeting, saying he was “offended” by comments made in the emails, which he described as “the last straw”.

The next day he announced his resignation from the neighbourhood plan committee, claiming that he and his wife had been threatened by a member of the parish council. But parish council chairman Andrew Parr claimed that Mr West had been fighting a “turf war” between Colyton and Colyford and said he now hoped to be able to move forward with the plan.

Frustrating

Speaking at the parish council meeting before his resignation, Mr West said: “Today, as far as I’m concerned, was the last straw. I have had 13 emails today and I’m quite offended that we’re being accused of having a ‘shindig’ at the parish council’s expense.

“It is so frustrating; everything we’re trying to do for the neighbourhood plan is for the good of the parish and we never had any intention of asking the parish council to fund what the parish clerk calls a ‘shindig’, which is isn’t, it’s a meeting of all the people involved in the two committees of the neighbourhood plan to get to know one another.

“Does the parish council really want us to do a neighbourhood plan, because every time we try to move forward we get pushed back a step? I’ve spent nearly all day today trying to deal with this problem and it’s not just me, a lot of other people are quite upset about the way we have been treated… we can’t just let it carry on like this.”

Fellow Colyford resident Diane Nason commented: “I second that. I went to a steering group meeting last week and I was quite apprehensive about it because what has been coming from the council has, it seems to me, been quite aggressive, hostile.”

Mrs Berry said: “Having got the message that there would be an informal meeting of the two committees potentially to form working groups, obviously decisions would be made at the meeting.

“Anything to do with the neighbourhood plan has to be a community engagement exercise, open to public, have an agenda, be minuted, and as a council we can’t fund a get together where there’s wine and nibbles, and I’ve been told by the chairman that the public would not be allowed to go to it. It’s not a meeting to form working groups, you can’t make decisions.

“As the responsible financial officer for the council’s money, which is indeed public money, we can’t fund a shindig, a party, a get together – call it what you like. We can fund a meeting that makes decisions. You don’t need wine and peanuts.”

Councillor Huntley Evans, who sits on the neighbourhood plan steering group, said: “Let’s not undo the good work that we did last week. In all innocence it was suggested that the two committees get together, mostly with the idea that, for the vast majority of things which affect this community, the two committees would be able to work as one.

“I propose that we carry on with our meeting of the two committees; we don’t need wine or nibbles, perhaps we’ll have a cup of tea or cake, and we’ll carry on as planned.”

Mrs Berry asked if the meeting would be open to the public. Councillor Evans said it would be, and that an agenda could be published in advance.

“That’s the way I suggest we go forward and diffuse this rather unnecessary spat,” he added.

Mr West added: “That’s exactly what it was all about but all these emails that were flying around today were totally uncalled for.”

Mrs Nason commented: “It’s not just today, it’s been the same for some time. There are other people involved in neighbourhood plans in other areas and they’re very happy groups but I have to say, if this is a neighbourhood plan there’s not been very much neighbourly about it. I’m getting quite upset about it.”

Later in the meeting Councillor Evans gave a full report on the steering group meeting held earlier this month. Members made no further comments on the matter, prompting Councillor Paul Dean to ask if the council was going to address concerns raised during the public forum.

“What’s the council’s views on what has been said? People are upset and we either need to allay their fears or not. We can’t just say, ‘OK, they’ve said their piece and we’re not even going to listen, discuss it or anything’,” he said.

Mrs Berry then explained the situation again, adding that there was “no way” that public money could be spent on drinks and nibbles. She said that after questioning the meeting she received a “flurry of emails” saying it was just a “get to know you” event.

“Working in working groups you’ll get to know each other,” she continued.
“If you’re having a meeting it has to be properly advertised, it has to have an agenda and minutes. If you’re going to make decisions then it all has to be open and transparent, open to the public.”

Councillor Evans said he would ensure that the meeting on February 24th was publicised.

Speaking to Pulman’s View later that week, Mr West announced that he was resigning from the neighbourhood plan committee and standing down from “involvement in all Colyford village affairs”. He reported that he and his wife Anne had been “accused of splitting the village in two”, had received verbal threats from a parish councillor, and another member of the Colyford committee had received similar threats and had also since resigned.

In his letter of resignation, Mr West said: “After attending the Colyton Parish Council meeting last night, and making an impassioned plea in public question time for the parish council to let us all get on with the neighbourhood plan, I came away totally demoralised and feeling intimidated by the parish council once more.

Mr West went on to explain the situation regarding the planned “social get together” and expressed disappointment that Councillor Evans was “forced to concede that it would not be a social evening”.

He added: “Councillor Evans cannot and should not be allowed or encouraged to arbitrarily alter what was agreed at the steering group meeting. This can only be democratically done at the next steering group meeting. “I therefore feel that there is no further point in me continuing as your elected chairman, and I resign with immediate effect. The treatment yesterday was in addition to the verbal threats given to my wife Anne and I a few weeks ago by a councillor. This has been followed by a resignation of a member of our Colyford neighbourhood plan ommittee, who has received similar threats also from a councillor.

“The continuous intimation from the parish council, its parish clerk and some councillors is totally unnecessary and should stop immediately. I do feel that I have let you all down, but enough is enough, let someone else have a go.

“I will now stand down from involvement in all Colyford village affairs and leave it to others, especially as Anne and I are accused of splitting the village of Colyford in two! Those who are against what we are trying to achieve have won. Let them get on with it! We have worked hard over the last 10 years or so with the sole aim of improving things in Colyford and the surrounding area.”

“Staggering rise in beach hut charges” says Councillor Rixon

Which weird and wonderful councillor had the idea to compare Seaton and Brighton!

At least Independent EDA Councillor Marianne Rixon saw through that one (it wax she who recently described the Local Plan as a “hokey-cokey – in, ou, in again, out again, in again).

Not that her common sense cut any ice with her Tory rivals – who probably have spent more time in Brighton anyway!

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All View from digital editions can be acessec from their website.

Another attempt to ignore local plans and neighbourhood plans!

Why does Owl think that the report on this public consultation that ends in April has already been written? And that it will make it even easier for developers to ruin the countryside and ride roughshod over local plans?

Because the whole point is “to reduce regulatory burdens” on said developers.

You can imagine the responses they will already have their spinners working on.

“The Government has issued a call for evidence as part of a ‘Rural Planning Review’ which it says will “look to reduce regulatory burdens in support of new homes, jobs and innovation”.

The review will examine – amongst other things – the rules for converting agricultural buildings to residential use.

The call for evidence has been published jointly by the Department for Communities and Local Government and the Department for the Environment, Food and Rural Affairs.

It was promised at the launch of the Government’s Rural Productivity Plan last summer.

Environment Secretary Elizabeth Truss said rural areas had “huge potential”, adding that the Government’s plan would help “create thriving towns and villages, where families can turn disused agricultural buildings into new homes for the next generation and entrepreneurs can launch the latest cutting-edge start-up from an office with a stunning countryside view”.
Communities Secretary Greg Clark, added: “The need for new homes doesn’t stop where our cities end, it’s just as real in rural towns and villages that need new housebuilding to keep thriving.

“That’s why we are looking carefully at how our planning reforms can deliver this whilst at the same time ensuring local people have more control over planning and the Green Belt continues to be protected.”

The deadline for submitting evidence is 21 April 2016.

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=25994:government-issues-call-for-evidence-as-part-of-rural-planning-review&catid=63&Itemid=31

Sometimes you simply cannot do cheaper and better at the same time

NHS to carry out investigation of 111 service in the southwest
http://www.bbc.co.uk/news/uk-england-35586997

Devon 999 response worsens again for sixth year:
http://www.bbc.co.uk/news/uk-england-devon-35585147

Why is anyone surprised? That’s austerity. There are some things you cannot do cheaper AND better.

Older renters: a growing problem

” … How do older and impoverished prospective renters in similar situations find a guarantor (often a deal-breaking requirement)? Do they ask their parents? You might imagine that’s ridiculous, but according to my correspondent, one especially witless letting agent he encountered blithely requested exactly that.

You may be “youthful”, engaged with the world, erudite, and educated; you may possess a sharp sense of humour, like to socialise and enjoy contemporary culture and music. But it is sadly the case that healthy, prospective flat-sharers visibly in their 60s have little chance of passing rigorous vetting procedures such as speed flatmate finding sessions, or those combative group interview panels – especially when all the other applicants are in their 20s and 30s.

Many healthy older renters nurse a fear of sheltered housing, which is designed for people frailer and less independent than they are. What older healthy tenants require is never a tiny room with space for a single bed, hand-rails and a commode but no storage. What they really want is a home, a comfortable, secure, affordable home where they can stay a while (having perhaps a further 40 years left ahead of them). They might move into a care home eventually, but what they need right now is the same as everyone else – a secure place to stay. …”

http://gu.com/p/4gn85

Rural broadband – another omnishambles – our public (non EDDC) champion addresses Parliament

A cracking good appearance before Parliament by our own rural broadband champion on broadband – or lack of it. No, definitely not Councillor Phil Twiss who has seemed woefully out of his depth on the current and future situation – but real expert Graham Long.

If the audio or transcript are too long for you, simply open the transcript and look at Mr Long’s replies to MPs – highly enlightening:

The Video record of the hearing is online at:

http://parliamentlive.tv/event/index/677e94ae-4479-451e-b139-ee2af3dc2a2e

And a transcript of the hearing is at:

http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/culture-media-and-sport-committee/establishing-worldclass-connectivity-throughout-the-uk/oral/28948.html

EDDC would rather we did not bother them with Freedom of Information requests

“The Herald reported in July how authority bosses were considering hiring an extra member of staff – at a cost of up to £33,000-a-year – to help process the hundreds of applications the council receives.

This has since gone ahead, but EDDC says it still ‘expends a large amount of resource’ on handling FoI requests – including time spent by senior officers, their staff and the council’s legal team.

The FoI Act allows anyone to request information which is not already publicly available.

At present, people can lodge a request with a local authority or public body, so long as finding the information does not cost more than £450. Last year, Sidmouth resident Jeremy Woodward successfully used FoI requests to force EDDC to release confidential documents about its relocation from Knowle.

EDDC dealt with 486 requests in 2014/15 – down from 563 the year before.

But at a meeting in December, EDDC leader Councillor Paul Diviani told members that the council still spends ‘an awful lot of taxpayers’ money dealing with FoI requests’.

The Herald asked EDDC exactly how much is spent, but a spokeswoman said it does not usually quantify officer time spent dealing with FoIs as part of their day-to-day work.

The spokeswoman added: “We employ one permanent (part time) member of staff to deal with FoIs and complaints and have more recently taken on another post (fixed-term for one year) to assist in dealing with the volume of work in this particular department.

“Approximately, over half of their time is spent on FoI requests as opposed to complaint handling. Of course, it is not just the time of the officers directly responsible for handling requests that should be noted.

“The monitoring officer also has to spend time dealing with internal reviews and, perhaps more significantly (in terms of overall time), the time spent by other senior officers (and their staff members) in dealing with a request that involves their service, also has to be taken into account.

“Finally, there is the time spent by the legal department in helping the information and complaints officers carry out their role.

“Suffice to say, given the number of requests, the council expends a large amount of resource in dealing with FoIs.”

http://www.sidmouthherald.co.uk/news/eddc_spends_a_large_amount_on_foi_requests_1_4416248

Good heavens, the amount of money spent is miniscule when you compare it to the amount EDDC spends trying to keep things secret ( they also refuse to say how much last year’s court case on FoI ( which they lost) cost where they also refused to cost the time of their lawyers and consultants in fighting it.

Sour grapes Owl thinks!

The more transparent things are, the less work the FoI officer will have to do.

And why engage another person when the number of requests have fallen?

Are you anticipating a high number of new requests for some reason? The HQ move, shrouded in secrecy; the devolution deal being done behind closed doors; the meetings with developers that have things cut and dried BEFORE public consultation? Hhmm.