Important case law on village development and exception sites

Parish council wins High Court planning battle over village needs

East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.

The parish argued in a judicial review at the High Court that Babergh’s decision to allow 10 homes to be built was flawed as it did not take account of the village’s needs as set out in the local plan.

David Bowman, a senior associate at law firm Royds Withy King, which acted for East Bergholt, said: “The judge decided that Babergh had made a number of material legal errors, including misrepresenting to councillors what ‘local housing needs’ means in the context of the local plan.”

Bowman said the court also agreed with East Bergholt’s interpretation that the needs of the local area differed from those of the wider district, and that Babergh had incorrectly conducted an exercise to decide whether development on land within the Dedham Vale Area of Outstanding Natural Beauty had an exceptional reason to overrule the ordinary prohibition on development.

The area is associated with the work of the artist John Constable.

A separate decision by Babergh to allow 144 homes on another site in East Bergholt is being reconsidered and a further development of 75 homes on a third site is also affected by the ruling, Bowman said.

He said the ruling was “a major setback” for what the parish believes is Babergh’s financial dependence on the New Homes Bonus.

A Babergh statement said the council would “consider the judgment of the High Court carefully before making any further comment about the consequences of the court’s decision, or the future consideration of this planning application”.

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=29419%3Aparish-council-wins-high-court-planning-battle-over-village-needs&catid=63&Itemid=31

Midweek Herald defends right to free press in full page ad

Complaining about new rules on [curtailing] press freedom, the Midweek Herald takes out a whole page ad to defend it.

A quote from the ad:

“For generations the Midweek Herald and other newspapers have fulfilled a crucial role by challenging injustice, safe in the knowledge that if we are right then no amount of money, influence or power can stop us telling the truth

Can anyone recall the last time that the Midweek Herald stood up for injustice? When was the last time a local Archant newspaper used the Freedom of Information Act to reveal an injustice or bending of facts?

The Archant Group, of which the Midweek Herald is part, gets 90% of EDDC’s advertising budget. Advertising is how newspapers make their money and everyone is naturally wary of biting hands that feed them.

However, usually it is the two other local newspapers, that get very little EDDC revenue (“View from” titles and “Express and Echo”) that break controversial news or make a stand on injustices – or name the names of powerful people getting up to no good.

ALL local newspapers these days are somewhat guilty of passing off press releases from regular contributors as news. It is usually quite clear to see when this happens, as only the slightest bit of tweaking is done to them and you can put the local newspapers side by side and see that the same hand wrote 90% of the words. Or sometimes they are not even tweaked at all and the same identical prose is used.

That isn’t all bad – news about local clubs, societies, churches etc is welcome.

But if an organisation employs people whose job title includes the word “journalist” then we expect the news BEHIND the headlines, which is often very, very different to the “news” in a press release.

Any organisation that employs a “Communications Manager” or a “Press Officer” does so to micro-manage the information leaving that organisation and avoid negative press – that’s their job.

A good journalist might need to sup with the devil but does not have to give free publicity to the devil’s favourite drink.

Knowle relocation: our construction expert writes … another £2 million down the drain?

The tender price index for British construction has risen 15% since EDDC announced the cost of the Honiton new build in March 2015.

Yet EDDC claim that the £669,000 increase in the cost of Exmouth can be absorbed within the overall budget of £9.2 million. We know that Exmouth was budgeted to cost £1 million, so the budget for Honiton was £8.2 million. We know that Exmouth has been subject to a 67% increase.

What can we expect for Honiton? Assuming that the costs will rise in line with the tender price index, the new cost will be £8.2 million, plus 15%. Which means another £1.23 million, totalling £9.43 million. It will, of course, probably go a lot higher.

Costs have therefore risen by £2 million since March 2015, but anticipated receipts from the sale of Knowle are unchanged. We appear to have lost £2 million – and we haven’t even started!

Will any of this figure in the debate? Probably not – our Tory councillors don’t enjoy discussing numbers that they don’t like!

Knowle relocation: more public statements come back to bite councillors on their …

This passage didn’t get much noticed at the time, in a report to Cabinet March 2015:

‘The market value of the Honiton new build is estimated to be £3.25m in 2017 and Exmouth Town Hall had a site value estimated in 2013 as £0.9m. The sites are determined primarily on the basis that they make better financial sense than the Knowle and are located for operational rather than investment purposes.’

This appears to confirm that the value of the new build is much less than the cost of its construction. Way less. Only £3.25 million, forward dated to 2017. So about £8 million less than the cost of build. Plus, don’t forget that the Honiton site, with or without the Business Centre, is worth at least £0.75 million, so the added value arising from construction, costing £11 million, is £3.25 – 0.75 million. Just £2.5 million. What a terrible investment.

Moreover, the sentence, presumably composed by Richard Cohen, seems to suggest that the Town Hall will not receive any benefit from the refurbishment, as it is deemed to have only ‘site value’ at £0.9 million.

Councillors … wool … eyes … pulled over?

How many complaints about North Devon home care project? CCG doesn’t know!

The Freedom of Information request below asked how many complaints CCG had received relating to the home care project in North Devon.

They said they didn’t know.

In which case, how can they say whether the proposal to roll this out to rest of Devon is safe or not?

https://www.whatdotheyknow.com/request/375519/response/908878/attach/html/2/FOI1155%20Internal%20review%20final.pdf.html

https://www.whatdotheyknow.com/request/n_devon_area_complaints_about_th

EDDC: what’s more important: protecting essential services or losing money on relocation?

That’s the stark choice facing EDDC councillors tomorrow.

There is NO WAY out of the situation that, relocating to Honiton and Exmouth, will cost an enormous amount of money compared to refurbishing Knowle.

No matter how creative you get with the numbers and how much they are massaged – THAT is the reality.

This is a problem entirely of the majority party’s making:

It willfully neglected Knowle for at least a decade to justify its case for a move:

It deliberately withheld figures on running costs for Knowle to improve its case for a move;

It negligently refused to do a full structural survey on Exmouth Town Hall that massively understated the real cost of refurbishment;

It promised a ” cost neutral” move when that was patently impossible to achieve and where costs have spiralled out of control at dizzying speed;

It wants us to pay a 40 year loan for its new HQ that was never anticipated.

None of this would matter if EDDC was a rich council with vast reserves and a gigantic income.

It is not.

It is a council that is draining its reserves rapidly, selling off its assets at break-neck speed to fund day-to-day costs and whose income, thanks to government cuts, is precarious to say the least.

Yet, almost certainly it will close its eyes, hold its nose, cross its fingers and vote to continue down this path of profligate, ever-increasing expenditure because it is not big enough to admit it made a terrible mistake.

And who will suffer? Not the officers and councillors in their more-expensive-than-ivory tower.

We, the council tax payers, with a debt millstone round our necks for the next 40 years with our diminished or non-existent services.

Your call, councillors, your call.

Council finance officers say social care is under more budget pressure than housing

In CIPFA’s annual CFO confidence survey, 86% of chiefs polled identified adult social care as one of the three service areas under most pressure. Virtually the same percentage also named children’s social care (85%) as under the same pressure, while housing was the third biggest area (named by 41%).

The figures are published as reports indicate the government is set to allow local authorities in England to raise more though the social care precept, which is currently set at 2%.

Sean Nolan, CIPFA’s director of local government, said adult and children’s social care services were still facing the greatest budgetary pressures despite the introduction of the precept for 2016-17.

Powers to set a higher social care precept might come as a welcome relief to many councils, but there is concern that the benefits of the precept fall inconsistently, he added.

“[The] areas least able to raise revenue through council tax are often the areas that have the highest levels of need, and vice versa,” he highlighted. “The sticking plaster of the precept is, in any case, probably too little and too late to stop a major crisis in social care services.”

The survey also found that council finance chiefs are significantly less confident in the ability of their council to keep delivering services in the next financial year in comparison to this year. Over one third (38%) are ‘less confident’ in their organisation’s ability to deliver services in 2017-18, compared to 15% for 2016-17.

Nolan said the evidence CIPFA is receiving indicates that the continuing rise in spending on social care is putting a squeeze on other services.

“Councils can’t defy gravity, keep taking so much money out of the system, and expect all their services to stand up,” he warned.

“CIPFA believes that the government must take a strategic and long-term approach to funding levels for health and social care together, rather than continuing to rely on short-term financial fixes.”

CIPFA sent questionnaires to 443 local authorities in England. This includes councils, police and fire authorities, transport authorities, waste authorities and national parks. Overall, 227 questionnaires were returned giving a survey response rate of 51.2%.

http://www.publicfinance.co.uk/news/2016/12/cipfa-survey-council-cfos-highlight-social-care-pressures

The ExTorPly* LEP talks continue

ExTorPly = Exeter, Torquay, Plymouth. It gets complicated if it takes in more councils!

Owl suggests it might be called “Rip the Heart out of the South West LEP”, though the acronym RTHOOTSW LEP is a little clunky, even if it includes the word “hoot” in it. Still not happy about the “Golden Triangle LEP” for obvious reasons! But good to see (part of) Devon standing on its own feet, avoiding being sucked into an LEP where Hinkley C in Somerset takes most of the very little money on offer.

Council leaders in Exeter and Plymouth say they are convinced that a bid for devolution for Devon and Somerset is doomed to fail.

Fifteen councils across the region have been working on a joint bid to take over powers and funding now controlled by Whitehall.

But the Heart of the South West has reached a sticking point over the Government’s insistence that significant devolution will require an elected mayor for the region.

As we reported last week, Plymouth and Exeter refused to go along with a vote for all 15 councils to work exclusively with the Heart of the South West local enterprise partnership.

David Thomas, the leader of Torbay’s Conservatives, said later that they too would support a rival bid with Plymouth and Exeter.

The two councils said they had written to colleagues across the region “to assure them of their ongoing commitment to joint working to improve skills, productivity and infrastructure in the Heart of the South West”.

They said they were fully committed to working with the other 13 councils on a joint productivity plan – but would continue to explore other opportunities.

“We believe that there will be no significant devolution deal for tuhe Heart of the South West given the lack of a consensus on the issue of an elected mayor/leader with responsibility for receiving devolved powers and financial resources from Whitehall,” they said.

“The Government’s position on this has been very clearly outlined by the Secretary of State, Sajid Javid.

“We feel it would be remiss of us not to explore the sub-regional opportunities for further and faster delivery of economic growth with a deal that doesn’t rule out an elected mayor/leader as described above.”

A meeting of the Heart of the South West leaders’ and chief executives’ group on Friday heard that Plymouth and Exeter councils had met with Torbay to discuss the potential to work together on a sub-regional level to drive economic growth further and faster.

Today’s letter defends the “exploratory discussions”, which were not attended by Torbay’s Mayor, Gordon Oliver.

http://www.westernmorningnews.co.uk/plymouth-defends-secret-talks-over-super-mayor/story-29977395-detail/story.html

Exeter Green Party wants transparency on proposed LEP and other secret partnerships including with East Devon

“Proposals by Exeter City Council to restructure decision-making in Devon are being challenged.

In a letter to Council Leader, Pete Edwards, Exeter Green Party has raised concerns about the ways Exeter City Council is developing initiatives to restructure the authority – all of which will give binding powers to new layers of local government.

[The letter states]

Exeter Green Party is deeply concerned about the ways in which the various initiatives to restructure local government decision-making in Devon are being pursued. We are referring to:

The “devolution” proposals for a combined authority covering the Heart of the South West, from which we understand the City Council withdrew at a meeting on 9 December.

The proposal for a Greater Exeter Growth and Development Board (GEGDB], agreed in principle by the City Council’s Executive on 8 November.

The proposals which emerged at the end of last week for a South Devon Unitary Council, involving Exeter, Plymouth, East Devon, Teignbridge, Torbay and possibly South Hams councils.

We do not at present wish to take a position on the merits of the various alternatives, though there are many concerns and questions to be addressed.

At this stage, we ask the following questions:

1. What mandate does the City Council have from the residents it serves to:

(a) attempt to reorganise local government decision-making structures?
(b) propose arrangements which would suck key decisions upwards from the elected representatives of the people of Exeter to a new superior authority – the GEGDB – which would not be directly elected?
(c) propose a strategic authority – the GEGDB – which on the evidence of the 8 November paper would focus solely on economic growth to the exclusion of social and environmental considerations?

2. When does the City Council plan to publicise its thinking and actively consult residents and businesses on whether they actually want new local government arrangements and, if so, on the form they should take and how any new body might be fully accountable to local people?

Because we believe there should be public debate now on these issues, we are issuing this letter to the media. I am also sending a copy to Karime Hassan.
I look forward to your reply.

In a surprise move proposals emerged at the end of last week for a new super South Devon Unitary Council. It could see a ‘super mayor’ governing Exeter, Plymouth, East Devon, Teignbridge, Torbay and possibly South Hams councils.

The Greens concerned that decisions are being made without any public consultation or mandate to give power to unelected bodies.

Exeter City Council had previously committed itself to the Heart of the South West “devolution” proposals for a combined authority. It is now understood Exeter City Council withdrew from this plan at a meeting on Friday. The Council’s Executive has also agreed in principle to set up a ‘Greater Exeter Growth and Development Board’ with East, Mid and Teignbridge Councils, and give this new body powers to make binding decisions on each Council.

Green Party spokesperson, Diana Moore, said:”These decisions about major changes to the structure and functions of local government are taking place behind closed doors.

“We want to know what mandate the City Council has for these proposals and when they intend to consult residents and businesses on whether they actually want new local government arrangements.

“They need to be transparent about their intentions and the power they intend to give away.

“The proposed arrangements would take away key decisions from the elected representatives of the people of Exeter and hand them to distant unelected bodies.

“The economic growth priorities of any of these bodies doesn’t address social and environmental considerations or the rising inequality in the city.

“Councils must focus on their duty to co-operate – and do that to the benefit of local people and not obsess about new structures which will only serve vested interests.

“Any new proposals for local government must be fully consulted on and that whatever structure emerges must be transparent and accountable to local people.”

http://www.exeterexpressandecho.co.uk/strong-concerns-raised-over-exeter-s-role-in-super-mayor-plans/story-29977062-detail/story.html

UK Green MEP supports case against EU Hinkley C subsidy

As a long-time campaigner against Hinkley C, Molly [Scott-Cato] has welcomed news that Greenpeace Energy, a green energy supplier in Germany, is taking renewed legal action through the European Court of Justice (ECJ) over subsidies for the new nuclear power station.

The new action follows a complaint by the supplier lodged with the General Court of the EU in Luxembourg last year against the EU Commission for approving billions of euros of State aid for the controversial nuclear project. The General Court dismissed this action so Greenpeace Energy has now lodged an appeal with the ECJ.

Molly has also made her own challenge. In March this year she wrote to the Commission asking it to investigate whether a proposed rescue plan for Hinkley C was in breach of European state aid rules. She said:

“Any efforts to try and block this economically illiterate and technically flawed project deserves support. The subsidies being offered to the Hinkley project will distort competition on the electricity market in Europe and have a chilling effect on investment in renewables.”

“Yet this is just the time when we need an innovative renewable energy revolution, not to resort to the failed technologies of the past. With the climate crisis wiping out a large chunk of the Great Barrier reef; unprecedented sea ice melt occurring this year, and the Paris Agreement committing nations to keep the rise in global temperature to less than 2 degrees, we need an emergency Plan B for energy. A plan based on a wide range of renewable energy technologies, energy efficiency and innovative smart grid and energy storage solutions.

“With strong political will – rather than the ideological opposition to renewables we have seen from the Conservatives – these are solutions that can be implemented in the speedy time frame required for tackling climate change and meeting our commitments under the Paris Agreement. Hinkley won’t deliver a single watt of electricity until at least 2025.

“If legal action is the only way to make our government and the Commission see sense on the disaster that is Hinkley, then we must support it. And it is no good the government trying to hide behind the veil of Brexit; as long as the UK is a member of the EU, it is bound by European law.”

http://mollymep.org.uk/2016/12/12/new-hinkley-legal-action/

“Builders make billions as housing crisis escalates”

… Multi-million pound executive pay
The rewards enjoyed by bosses are significant.

As well as their £141m wages, Tony Pidgley and Rob Perrins of Berkeley are also sitting on shares in the company worth £440m.

They are not alone. Two executives at Persimmon, another of Britain’s biggest house builders, have shares worth at least £105m as part of their company incentive plan.

Our investigation – published days after the Chancellor Philip Hammond announced more than £5bn of government money would be spent increasing affordable homes and speeding up house building – also shows that Taylor Wimpey CEO Peter Redfern has been paid more than £24m in the past five years. …

… Planning documents kept secret
Previous in-depth reporting by the Bureau highlighted how the UK’s planning system allows developers to reduce their affordable homes targets while keeping their justifications secret.

Developers carry out financial viability assessments for their proposed developments, which often conclude that meeting the affordable housing targets set by local authorities would reduce their profits to a point that the scheme would be worth their while. However those assessments are kept confidential, with even councillors unable to see them.

In order to make sure schemes goes ahead, the local authorities typically reduce their targets or accept payment from the developer in lieu of the affordable homes. That money is supposed to be invested into social and community projects, or the council’s own affordable housing schemes. …

https://www.thebureauinvestigates.com/2016/11/27/uk-housing-crisis-house-prices

Save Our Hospital Services Devon Press Release

DEVON COUNTY COUNCIL UNANIMOUS VOTE TO ‘HALT’ STP

At its meeting on 8 December Devon County Council (DCC) voted unanimously in favour of two motions put by Councillor Brian Greenslade and Councillor Frank Biederman which, together, expressed the deep concern of the council about the impact of proposed cuts to Devon’s Health Services as indicated in the Sustainability and Transformation Plan (STP) for Devon; a claim for fairer funding of these services and the need for local MPs to lobby government to this end.

Cllr. Greenslade points out that Devon County Council is the largest local authority in the South West and, alongside Cllr. Biederman insisted that they will “speak up for the people of Devon who are terrified by the implications of this flawed process…”

The Save Our Hospital Services Devon (SOHS Devon) campaign has been instrumental in bringing this issue to the Council Chamber via lobbying at town and district level, the Health and Well-Being Scrutiny Committee, public meetings and the Red Line and Devon Sees Red demonstrations in Barnstaple and Exeter.

In his address to the DCC on behalf of SOHS Devon Phillip Wearne said that the ‘Success Regime’ and the STP process headed by the same person in Angela Pedder, and operating with the same staff should be considered as one and the same. The ‘Success Regime’/NEW Devon Health Trust is “riddled with conflicts of interest and inherently unfair, especially for North Devon. In sum what is going on is an inside job.” He then explained where these conflicts of interest exist and added “The SOHS Devon campaign is committed to preventing any cuts in our hospital services.”

Liz Wood from the SOHS Devon campaign also addressed the council and identified the threat to acute services at North Devon District Hospital (NDDH), saying “In June Ruth Carnall came to Barnstaple armed with her contradictory and contestable Case for Change document – the product of her own independent healthcare consultancy. . . she and her ‘Success Regime/STP colleagues have stressed one thing: there are no red lines around any hospital services in Barnstaple. . . nothing is ruled out, they warn in concert. That ‘nothing’ includes all our acute services – consultant led maternity, paediatrics, neonatology and stroke.”

The full texts of both the above speeches are available on request.

On 5 December Oxford City Council also rejected this process, noting that the former Head of NHS England’s Commissioning Policy Unit, Julia Simon, has denounced the STP process as ‘shameful’, ‘mad’, ‘ridiculous’ and the plans as ‘full of lies’.

Knowle relocation – the estate agent’s view?

The views below are those of an expert correspondent. Owl, needing only the branch of the nearest tree to call it home, is no expert and is happy to hear from others with different views

The build cost of the new building at Honiton must have increased: there is no way they will build it for less than £7 million.

But the big ‘economy with the truth’ is that relocation will be achieved for less than £10 million, because the costs of moving will be very high, not least for compensation to staff for having to travel further to work. Steve Pratten (the relocation consultant) alone is going to cost £1 million by the time the project ends and then there is all the officer time (never, ever costed by EDDC), and legal fees.

The real numbers, in my personal opinion (writes the correspondent) are likely to be:

Exmouth refurbishment:
£2 million

New Build at Honiton:
£11 million
(West Dorset’s new HQ was smaller three years ago and cost £10 million +)

Steve Pratten:
£1 million

Staff Compensation:
£1 million

Officer Time:
£2 million

Legal and other consultants:
£1 million

The move itself (physically relocating, plus things like new notepaper, equipment, etc):
£2 million

And, significantly, the immediate loss in asset value (the new building will only have a value of £2-3 million).

So subtract that figure from the asset value of Knowle (£7.5 million ):
loss of £5 million

Total: £25 million.

The improvements at Exmouth might give a modest boost to the value of the building, say £0.5 million, so a total cost of £24.5 million.

These figures are conservative. In truth, the ultimate cost is probably going to be higher. The ‘officer time’ figure of £2 million looks very low for example. It would not be at all surprising if the ultimate cost is of the order of £30 million.

The refurbishment of the modern buildings at Knowle was estimated at less than £2 million, which looks incredibly good value by comparison.

The refusal of the Pegasus application, together with the current upheaval over local government reorganisation in Devon, offer a clear opportunity to think again.

Cabinet on Wednesday might see the first signs of cracks appearing.

“Shock figures show Tory plans are ‘making social care worse’ “

The full extent of the crisis facing social care is revealed by an Observer investigation which demonstrates the government’s flagship policy to keep elderly people out of hospital is failing in most parts of the country.

The findings – amid claims from senior NHS figures that “we are going backwards in many places” – come as ministers face calls to provide an urgent injection of extra cash to local councils to avoid services buckling under increasing financial pressure.

The Tory chair of the Commons select committee on health, Sarah Wollaston, said ministers should act immediately to prevent more suffering for elderly people, their families and other patients.

She also demanded all-party talks on the future of the NHS and social care. “We are at a tipping point,” she said. “We are seeing indications of the great stresses in the system and these need addressing now.”

Underfunded and overstretched – the crisis in care for the elderly
The Observer’s investigation reveals that the landmark government scheme designed to relieve the strain on overcrowded hospitals – the Better Care Fund – is failing to deliver its aims of keeping older people healthy at home and so cutting “bedblocking”, despite £4bn a year being poured into it.

Theresa May and the health secretary, Jeremy Hunt, have repeatedly claimed that the fund, and a separate policy of allowing councils to raise more money for social care by increasing council tax, are jointly addressing the spiralling problems in social care.

Responses to freedom of information requests submitted to 151 local councils reveal that in England 58% of targets for improving care in people’s homes and local communities were missed.

In another blow to ministers, new figures from the King’s Fund think-tank show English councils will raise just a fraction of the sums required to plug gaps in their budgets by increasing council tax bills. …

https://www.theguardian.com/society/2016/dec/10/tory-plans-making-social-care-worse

Politics South West: pigs ears, economy with the truth and foxes

Click here

http://www.bbc.co.uk/iplayer/episode/b08401p5/sunday-politics-south-west-11122016

for more on the Bermuda … whoops … Golden Triangle LEP described by one MP as a “pig’s ear” … (with Sajid David denying saying something that it is shown he said)

Angela Peddar of the [Lack of] Success Regime saying that it has no plans to cut anything … and then talks about cutting services …

Bringing back fox-hunting (so important in this crisis-ridden world …

and more promises on rail lines and avoiding flooding.

Best get a stiff drink first … it isn’t pretty.

Those relocation numbers STILL don’t add up (bigly) EDDC!

25 March 2015 extraordinary Meeting regarding Relocation:

Councillor Moulding emphasised the cost savings that would be achieved and highlighted key figures:

• The Knowle Site offer price agreed is £7-8m • Exmouth Town Hall modernisation will cost in the region of £1m • New Offices at Honiton will cost in the region of £7m • The Council will secure relocation in total for under £10m’

So it’s a £669,000 increase, not £408,000.

A 69% increase in costs in less than two years, without a brick being laid!

EDDC progress: move from an old building – to an old building!

EDDC moves from Knowle because it is an old building (although most of it is modern and big enough to meet all their accommodation needs) and moves to Exmouth Town Hall – an old building – all of it old.

And the reason given why the costs are rising?

Exmouth Town Hall is … an old building.

Which begs questions:

A. Did EDDC expect costs to be higher than they estimated when making their calculations to move?

or

B. Did EDDC expect costs not to rise when they made their calculations to move?

and

which of these two scenarios is the worst one!

What goes around comes around …. in EDDC la-la land

One of the reasons given for increased costs at Exmouth Town Hall – finding asbestos in the building.

One reason given for moving from Knowle – you guessed it – asbestos in the building.

Yes, Minister!