A new EDDC Leader and Deputy Leader … a marriage made in …?

Who best illustrates trust and respect in East Devon?  Claire Wright?  Martin Shaw?  Cathy Gardner?  No, according to our Tory Council it’s (drumroll) – Ian Thomas and Philip Skinner!!!  Thomas ousting Paul Diviani as Tory Leader and Skinner as his deputy side-kick!

Oh,oh …. Mr Thomas a somewhat unknown quantity having kept himself firmly under the radar. Skinner, however, has enjoyed some limelight.

Skinner was a member of the maligned East Devon Business Forum, chaired by disgraced ex-councillor Graham Brown.  Though his affiliation at the Forum wandered between companies and council…

AND let’s not forget his controversial chairmanship of the Exmouth Regeneration Board which has made him few friends outside the charmed EDDC Tory circle ….

But most of all, who can forget “Christmas Card-Gate”  – when then Leader of EDDC, Sarah Randall-Johnson, stripped him of his role of Rural Champion after this debacle:

“CONSERVATIVE councillor has been stripped of his role as rural champion after off-the-cuff remarks in a Christmas card offended the leader of a Devon authority.

Philip Skinner, who represents Talaton, near Ottery St Mary, sent the card to Sara Randall Johnson, leader of East Devon District Council and headed it “My greatest adversary”. Mr Skinner heaped praise on her at the expense of other members, boasting: “The rest I can demolish in my sleep, but you are in a class of your own.”

Mr Skinner signed off with two footnotes, the last of which stated: “If only things had turned out different, we’d have made one hell of a team.”

http://www.westernmorningnews.co.uk/tory-councillor-loses-role-greetings-card/story-11721863-detail/story.html

Unfortunately, we are not told what the first footnote was.”

Here is the announcement of the new Tory duo – oddly from a Dorset online website rather than from East Devon Tory sources:

“UPLYME’S district councillor Ian Thomas has been elected leader of the Conservative group at East Devon District Council.

Councillor Thomas, who lives in Ware, has served as a district councillor for the Trinity ward, which includes Uplyme and Rousdon, since 2009.

He is portfolio holder for finance at East Devon and is a director of the Exeter Science Park Company.

Councillor Thomas was elected new leader of the Conservative group at its annual general meeting this week, taking over from Paul Diviani, who has held the post since 2011.

Councillor Diviani will remain leader of East Devon District Council until its annual meeting on May 16th, when Councillor Thomas will take the reins.

Philip Skinner, portfolio holder for economy, who has represented the Tale Vale since 1999, secured the post of deputy of the Conservative group.

Councillor Skinner is a former chairman of the Tiverton and Honiton Conservative Association.

Commenting on their election, Councillor Thomas said: “It’s a great privilege to take over the leadership of our group from Paul, after his distinguished time at the helm.

“Our focus will continue on ensuring high quality affordable homes, an economy which works for all and delivering the services our residents and businesses value.

“We are uniquely fortunate to work within the framework of a natural environment second to none, supported by a range of leisure facilities and arts and culture events essential to the health, safety, prosperity and happiness of all we represent”.

“Whilst our new team has taken on leadership of the East Devon Conservative Group immediately, Paul will remain in post, as leader of East Devon District Council, until the annual council meeting on May 16.”

“Paul, Philip and I will take advantage of this time to ensure a smooth transfer of responsibilities to our new team, so the complex task of running a busy and ambitious district council continues, without missing a beat.”

Councillor Skinner added: “East Devon needs the energy, ideas and focus of our Conservative group to grow and prosper in challenging times.

“Our job is to continue our excellent performance, to extend the trust of our electorate, and return a larger Conservative majority in the 2019 district council elections so that East Devon continues to prosper for all.”

Councillor Diviani commented: “I’m very pleased to be able to pass the leaders baton of this fantastic council to such a talented and experienced team. the

“Ian and Philip have already demonstrated a strong ability to work together and, through their Conservative principles of trust and respect, to engage their colleagues in setting policy and fighting to get the very best for our wonderful district, to the benefit of our residents, businesses and visitors.”

http://lyme-online.co.uk/news/uplyme/uplyme-district-councillor-elected-conservative-leader/

NHS and Social Care Privatisation on all our doorsteps – Devon 111 service outsourced to company with BIG ideas

“The Company is engaged in delivering its ‘buy and build’ expansion strategy, adding to the range of services provided by the Group through working with organisations that share its vision.

Focused on out of hospital healthcare worth in excess of £20bn per year – the NHS is moving non-acute care components out of hospitals and closer to home

Buy and build consolidation strategy fitting with NHS trend towards outsourcing and outcome based commissioning

Targeting attractive companies in the UK health sector that share Totally’s vision for integrated and cohesive out of hospital healthcare
Build and develop a high-quality diversified group through organic and acquisition based growth

Become one of the leading out of hospital healthcare providers in the UK
This strategy is supported by ambitious management who have identified public-market outsourced health services as an attractive prospect and have developed a plan to fully develop this opportunity.”

http://www.totallyplc.com/about-us/our-strategy/

Oh, what a surprise! Another poor, poor developer at Hayne Lane, Honiton

One presumes that Councillors Diviani and Twiss are aware of this, having declared hospitality from Baker Estates in September and December last year:

https://eastdevonwatch.org/2018/02/22/eddc-councillor-freebies/

PRESS RELEASE

“Developer requests reduced affordable housing provision on residential development at Hayne Lane, Honiton

Local planning authority will consider offer from Baker Estates to provide improved mix of houses at Hayne Lane development plus £0.5m contribution towards off-site affordable housing

East Devon’s Local Planning Authority (LPA) has received a request from Baker Estates to amend the amount of affordable housing that they provide on their development of 300 houses on land to the west of Hayne Lane in Honiton.

The request will be considered after 12 noon at the next meeting of East Devon District Council’s Development Management Committee on 6 March 2018, which is being held at Exmouth Town Hall

East Devon planning officers are recommending that the request be agreed.

As present Baker Estates is required to provide 40% of the dwellings (120 units) as affordable housing in accordance with the original planning permission granted on the site in 2015.

However, the developer is now asking the LPA to agree to reduce the affordable housing provision to 30% or 90 dwellings, whichever is the greater. This change would also affect the amount of financial contribution being secured for off-site open space, which would be reduced from £488,000 to £210,000.

In exchange Baker Estates is offering an improved mix of houses on the site and £500,000 financial contribution towards off-site provision of affordable housing.

The applicants have submitted this request as they believe that current planning policy would support a reduction in the provision of affordable housing down to 25%, if a new planning application were to be submitted. While they are offering less than the 40% affordable housing provision currently secured, they are offering more than the 25% they believe they would be required to provide if a new planning application were submitted.

The planning officers’ report advises that while there is a chance that Baker Estates may not be able to successfully argue 25% affordable housing provision as part of a new planning application, there is an equal chance that such a proposal would be acceptable should an application be submitted and determined on appeal by the Planning Inspectorate.

In addition, the planning officers believe that the viability of the site is such that it is unlikely that the council would be able to secure the current 40% provision into the future, and that agreeing to the request will negate the need for a lengthy and costly planning appeal, enabling the development to proceed as quickly as possible while providing 90, much needed, affordable housing units.

The report can be viewed on the council’s website:

http://eastdevon.gov.uk/council-and-democracy/committees-and-meetings/development-management-committee/development-management-committee-agendas/

Cllr Mike Howe, Chairman of East Devon’s Development Management Committee, said:

“It is important that this sort of decision is made in the public view, so that everyone can understand the issues at stake. It is about striking a fair balance, while ensuring that the right amount of affordable housing provision is made.”

“Persimmon slashes boss’s bonus … to just £75m”

Owl says: well the cut is just chicken-feed to these people – and what bets on Persimmon improving other packages such as expenses, stock options and pension payments in future?

“Persimmon is reducing bonus payouts to three top executives by £51m, including a £25m cut for its chief executive, after the UK’s second largest housebuilder was strongly criticised over its huge payout plans.

The FTSE 100 firm said a bonus of £100m for its chief executive, Jeff Fairburn, would be cut to £75m under the company’s long-term incentive bonus plan.

Finance director Mike Killoran will receive £24m less than the £78m he was originally due, and managing director Dave Jenkinson will see his bonus cut by £2m to £38m. …”

https://www.theguardian.com/business/2018/feb/23/persimmon-slashes-bosss-bonus-to-just-75m

Carillion auditors paid £40m to provide apparently “false reassurance to investors” says Parliamentary Committee

The auditors rely on calling Carillion’s dicey contracts “optimistic”!!!

“The £40 million that KPMG and Deloitte were paid as the external and internal auditors of Carillion respectively has been described as a “colossal waste of money” by MPs.

At a testy hearing of the work and pensions and business joint select committee, the reputations of audit partners at the two international accountancy firms were shredded as incredulous MPs wondered why they had not dug deeper when alarm bells seemed to be ringing around the construction contractor.

MPs heard evidence from Michelle Hinchliffe, head of audit at KPMG, Peter Meehan, the KPMG partner who audited Carillion, and Michael Jones, who led Deloitte’s internal audit service at the contractor. KPMG was paid £29 million over 19 years by Carillion, and Deloitte £11 million over an unknown period. Rachel Reeves, co-chairwoman of the committee, said: “These audits appear to be a colossal waste of time and money, fit only to provide false assurance to investors, workers and the public.”

Ms Reeves criticised Mr Meehan and Mr Jones after their respective admissions that Mr Meehan had failed to visit at-risk Carillion projects and Deloitte had missed quarterly meetings with the Carillion board’s audit committee.

“Carillion staff and investors could see the problems at the company but those responsible — auditors, regulators, and, ultimately, the directors — did nothing to stop Carillion being driven off a cliff,” she said.

Mr Meehan told MPs that for the 2014 and 2015 audits he had visited the construction project in Qatar that the former chief executive Richard Howson blamed for Carillion’s collapse. Mr Meehan did not make any subsequent visits despite knowing of the importance of the contract. Carillion claimed that it was left with £200 million of unpaid bills in Qatar. Mr Meehan repeatedly stated that despite Mr Howson’s assertions, the Qatar contract had only become a serious issue in the months after the 2016 accounts were signed off in March last year and leading up to the major profit warning of last July, which laid bare the crisis at Carillion. The auditor conceded that Qatar had been flagged as an “amber warning” at a meeting in the February before the sign-off of those accounts.

On another contract, the £350 million construction of the Royal Liverpool Hospital, Mr Meehan admitted that although he had been on previous fact-finding site visits, he had not returned despite internal revelations of major on-site issues in November 2016. He finally made a visit to the hospital last month, four days before Carillion went bust. He contested claims that Carillion’s accounting had become aggressive but said that he had told Carillion board directors that their accounting on some of the “riskier contracts” had become “optimistic”. His concerns were overruled. Despite this, he said he remained happy to sign off the accounts.

Mr Meehan said he had become aware of the enormity of the issues in Qatar in May last year, at which point “we knew a writedown was coming”.

That writedown and those on Royal Liverpool, the Midland Metropolitan in Birmingham and the £700 million Aberdeen bypass were taken on July 10, at which point Mr Howson was removed from his post. Mr Meehan said a review of contracts at that point found that in previous internal reviews, managers had been more pessimistic about the likely outcome for the contracts than the position that was reported.

The auditor said confusion was such in the Carillion boardroom that on the night before the July profit warning, directors were debating whether the writedown should be £695 million or £845 million.”

Source: The Times (pay wall)

“Wine and dine democracy is now on trial – and about time”

There wasn’t a paragraph in this article that could be edited out – truly we are in The Swamp:

“Each time a US gunman goes berserk, the British media erupts in fury at the money the gun lobby can devote to its lethal interest. To be sure, big time lobbying is the occupational disease of American politics. In the US, it can have murderous consequences. Still, on matters of principle, Britons would do well to watch their hypocrisy.

The sums spent by property companies on lobbying Westminster city council’s planning committee – revealed in Tuesday’s Guardian – may be dwarfed by those spent across the Atlantic. But the hospitality showered on the committee’s chairman for 16 years, the amiable Robert Davis, was breathtaking. Five-hundred freebies, including 10 foreign trips, in just three years. At least 150 of these were from a who’s who list of property industry figures. Even Harvey Weinstein is on the list. Entertaining Davis was clearly a Westminster cottage industry. He can hardly have had time to down one glass of champagne before raising another.

Everywhere money is at stake, those regulating it will be open to temptation
Meanwhile in the planning committee, the London Evening Standard’s Jim Armitage – there as a local resident objecting to a planning application – watched planning approvals get ticked off mechanically. He noted that not a single objection was upheld. Members “looked at the ceiling, buffed their nails and scratched their noses” as each was nodded through.

Westminster council asserted this week that all hospitality was received during “meetings”, and the idea that any of its councillors “could be bought by the property lobby was demonstrably untrue”. The meetings apparently took place at Wimbledon, at a performance of the musical Hamilton, and in the south of France. There is nothing wrong in this, provided gifts and hospitality are declared. But this assumes that what is declared cannot be considered, under the 2010 Bribery Act, a “financial or other advantage” offered or accepted to secure “improper performance”. Transparency is not enough.

Davis’s most extraordinary case was that of the late Irvine Sellar’s 72-storey “Paddington Pole”. This required the demolition of an Edwardian baroque sorting office and the erection of a gigantic tower, within the boundary of a conservation area and towering over Brunel’s Paddington station. Proposed in 2016, it breached every conceivable principle of good planning, but Sellar entertained Davis and apparently secured his approval for the pole Davis later described as a potential masterpiece. Sellar added seven more storeys to his plans. A public outcry led eventually to plans for the pole being withdrawn, but only to be replaced by a proposal for a bigger in volume but lower glass box. This was waved through the planning committee against all local opposition after Davis had publicly hailed it as a “game-changer”.

What is highly questionable is what happened next. Protesters pleaded for a meeting with the council but were ignored. Despite the obvious unsuitability of a vast box in a conservation area, Sadiq Khan, the mayor of London, declined to intervene. That decision was followed by a similar refusal by the planning minister, Sajid Javid, who declined to give his reasons for doing so. This is most unusual for such a controversial project. The Shard, also developed by Sellar, was, in contrast, subject to a lengthy public inquiry. Protesters are trying to take Javid’s refusal to explain why he declined to intervene to the court of appeal.

British planning is a mess. It is awash with political donations and lavish lobbying as the construction industry wrestles to capitalise on the Conservatives’ “let-rip approach” to urban and rural development. Before the 2010 election, the Conservative Property Forum is recorded as donating £500,000 to the party.

The Cameron government duly dropped proposals for local appeals against development from its planning framework document. Lobbyists from the British Property Federation and others were effectively invited to rewrite the framework for themselves. The industry then donated a further million pounds to stave off higher council tax banding in response to Labour’s mansion tax.

This is hardly unique to planning. The NHS is awash in inducements to doctors to prescribe branded medicines. Arms company boards are stuffed with generals. The banks that fund private finance initiatives keep the Whitehall doors revolving. Declarations of interest by members of the House of Lords read like a lobbyists’ congregation. It clearly pays companies to lobby. The irony is that it was David Cameron who made great play of curbing this in his Lobbying Act. It was, he said, “the next big scandal waiting to happen”. Yet the only scandal was how the act was watered down, and how Cameron’s transparency register for lobbyists was lobbied to oblivion.

British lobbying is not as blatant as Washington’s infamous “Gucci Gulch”, where interest groups stuff the pockets of congressional lawmakers. Corruption in Britain is rarely through payments to individuals, and public officials seldom indulge in the log-rolling – legislators trading support for each other’s pet projects – seen in American politics. But the risk of bias and partiality exist in parts of the public sector. Of these, property planning, where huge sums of money can be involved, is the most obvious.

Everywhere money is at stake, those regulating it will be open to temptation. That is why oversight is crucial. But oversight of British local government is currently on a par with a banana republic. The Standards Board for England was abolished in the course of Cameron’s “quango cull” in 2012. It supposedly monitored the ethical performance of officers and councillors in local government. It was criticised as cumbersome, meddlesome and bureaucratically intrusive. Few mourned the board’s passing. Each local council was then expected to make its own arrangements.

The minister at the time said there was a need “for a light touch”. Westminster council took him at his word. It might have been a good idea to see the Standards Board go, but it should have been replaced with something. Even the most ardent localist cannot expect councils to float free of any oversight. Millions of pounds can turn on a planning decision. Anyone who knows these local controversies will attest that many stink to high heaven.

Davis has denied any wrongdoing and nobly referred himself to Westminster’s own “monitoring officer”. It is hard to see how this meets any plausible test of independence. Much now rests on the shoulders of this officer, as it does on the judges reviewing the Sellar glass box decision. The Paddington horizon will be their memorial. Everyone is now on trial, not least local democracy.”

https://www.theguardian.com/commentisfree/2018/feb/23/wine-dine-democracy-trial-westminster-city-council-planning-committee

EDDC councillor freebies

Can be found here:

http://eastdevon.gov.uk/council-and-democracy/councillor-conduct/gifts-and-hospitality/

Councillors Diviani and Twiss appear to have only ever met only one developer (Baker Estates) but have done so twice in September 2017 and December 2017 to discuss “future projects in East Devon”, Councillor Skinner has been a beneficiary of rugby tickets paid for by the Carter family (Greendale) several times, Councillor Moulding has met developers St Modwyn and Heritage Developments and Clinton Devon Estates treated several councillors to a concert at Exeter Cathedral.

Free Sandy Park rugby match tickets seem to be quite popular with Councillors Diviani, Godbeer, Skinner, Wright and Moulding.

“Labour says land value tax would boost local government budgets”

“Labour is considering a tax on land values as a way of boosting local government budgets, shadow chancellor John McDonnell has said.

In a sign of the party’s confidence about growing public interest in a fresh approach to managing the economy, McDonnell said cuts to council spending were so severe that it might now be possible “to have a rational debate”.

At the last election the Tories called the proposal, which was included in Labour’s manifesto as part of a review of council funding, a “garden tax” that could force home owners to sell up. The Greens and the Liberal Democrats are also interested in the idea.

A land tax, where a percentage of the value of the land is levied annually is popular with some economists, who say it is a logical approach to taxing individual wealth. But many politicians across the political spectrum are alarmed at the thought of introducing a new tax. A new tax on wealth that creates losers as well as winners would inevitably be a hard sell.

But McDonnell told the audience at the event organised by the Resolution Foundation, where he set out Labour’s plans to boost household incomes, that the crisis in the funding of local services may have opened a window of opportunity.

“I think we are at a stage where the decline in terms of funding to local government and the consequential effect on local services – many of them are in crisis – means, I think, that people are now willing to consider more radical solutions than they have in the past.”

Councils are hamstrung by government rules and cannot raise council tax significantly without a local referendum, which would be costly to run and would have an uncertain result. But the tax – introduced nearly 30 years ago to replace the unpopular poll tax – has not been uprated since then. It leaves many councils struggling, with too small a tax base to meet all their obligations.

Other councils are on the brink of catastrophe. Northamptonshire county council announced earlier this month that it could only afford to meet its statutory obligations. On Thursday the accountants KPMG, who audit the council’s budget, said it did not balance and was therefore illegal.

The local government association has said that by 2020 many councils would struggle to provide some public services, partly because of botched central government reforms. By 2020, central government funding will have been cut by more than 50% since 2010.

Council tax is regressive because it is levied on a notional value that has no relation to household income or to the market value of the property. However, unless it is regularly updated, a land value tax would share some of those weaknesses. But it would be directly related to the wealth of the homeowner and it would capture the rapid growth in house values that have been a financial boost to those who own property.

One council, Westminster, one of the richest in the country, is now proposing that wealthy residents pay a voluntary additional contribution, ringfenced to help offer improved services to rough sleepers and young people.

There is increasing support in policymaking circles for a land-value tax. Tony Blair’s thinktank, the Tony Blair Institute for Global Change, backed the idea in a policy paper published at the end of last year. ”

https://www.theguardian.com/politics/2018/feb/22/labour-says-land-value-tax-would-boost-local-government-budgets

“Demand for new homes sees house builder Barratt rake in profits and pledge another £175m payout to shareholders”

And all done on the back of building fewer houses:

“Profits rise at Barratt despite the UK’s biggest housebuilder building fewer homes”

and a bribery scandal:
https://eastdevonwatch.org/2017/01/26/four-arrests-for-bribery-at-developer-barratts/

“House builder Barratt Developments is cashing in on the demand for homes across the UK with bumper half-year profits in the last six months of 2017.

The new home builder reported a record half-year profit of £342.7 million in the second half of last year, a 6.8 per cent increase on the year before.

While it said a slowdown in high-end central London homes could hit margins, Barratts planned to offset it by buying more land and ‘operational efficiencies’. …

The group revealed plans to pay out a special dividend to shareholders worth £175 million in both November 2018 and November 2019, something it said reflected its ‘confidence’ in performance. …”

http://www.thisismoney.co.uk/money/markets/article-5417233/Barratt-Developments-rakes-340m-profit.html

“The greatest evil …”

“I like bats much better than bureaucrats. I live in the Managerial Age, in a world of ‘Admin.’ The greatest evil is not now done in those sordid ‘dens of crime’ that Dickens loved to paint.

It is not done even in concentration camps and labour camps. In those we see its final result.

But it is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice.

Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business con­cern.”

–C.S. Lewis, “Preface to the 1961 Edition,” in The Screwtape Letters: Annotated Edition (New York: HarperCollins, 1942/1996), xxxvii.

Privatised Carillion’s hospital construction was halted for serious health and safety reasons

“A specialist project manager brought in to oversee the construction of Carillion’s delayed and overbudget £350 million PFI hospital in Liverpool has confirmed that work was halted for safety and legal reasons nine months before the problems became known publicly.

The Royal Liverpool Hospital is one of four key construction projects that felled Carillion. The hospital was part of the £845 billion writedown in its accounts last July, which set in train the events that led to Carillion’s compulsory liquidation last month owing more than £1 billion.

The financial blowouts at the Royal Liverpool, the Midland Metropolitian Hospital, on a £700 million road project in Aberdeen and on work in Qatar for the 2022 football World Cup are at the centre of investigations by the House of Commons, the Financial Conduct Authority and the Financial Reporting Council over whether Carillion’s board deliberately concealed its financial crisis.

In a submission to the Commons’ joint select committee inquiry, Charles McLeod, a director of the company charged with delivering the Royal Liverpool, said that cracks in crucial supporting beams were found in November 2016 and “exclusion zones” preventing work being done were in place until March 2017.

These issues and escalating costs were not disclosed by the company until the July 2017 profit warning, despite trading updates and annual accounts before then. Mr McLeod is principal of McLeod Partnerships, a specialist “interim management” business that deals in projects in danger of “distress or default”. He was brought into Royal Liverpool in 2015.

At a previous hearing of the committee, Richard Howson, Carillion’s former chief executive, blamed the failures at Royal Liverpool on subcontractors. Mr McLeod, however, said that TPS Consult, a wholly owned Carillion company, had “overall responsibility” for the beams.

The committee’s hearings continue today. The witnesses include Michelle Hinchliffe, head of audit at KPMG, Carillion’s auditor, and Peter Meehan, the partner in charge of the audit; and Lesley Titcomb, of the Pensions Regulator.”

The Times (pay wall)

“UK minister rebuffs call to make tax havens reveal company owners”

“…The shadow foreign minister Helen Goodman said the investigations had exposed the inadequacy of a system whereby beneficial ownership data was only accessible to regulators.

The foreign minister Alan Duncan, however, said the government would only pressure the territories to adopt new transparency measures when they became a global standard, and insisted that an EU commitment to introduce public registers did not meet that threshold.

Criticism was directed at Appleby, the offshore law firm at the heart of the Paradise Papers, for bringing legal action against the Guardian and the BBC over their reporting.

The shadow Treasury minister Anneliese Dodds criticised the government for failing to “defend publicly the journalists who were singled out by Appleby” and asked it to affirm that the reports were in the public interest.

Appleby has said a hacker had stolen its files and argued that none of the journalistic disclosures were in the public interest. It has demanded damages and asked the court to permanently ban both media organisations from using its leaked files to investigate its conduct or that of its clients.

Earlier this month the European parliament announced an inquiry into financial crime, tax evasion and tax avoidance, including measures to circumvent VAT on private jets facilitated by Appleby.”

https://www.theguardian.com/world/2018/feb/21/uk-minister-rebuffs-calls-to-make-tax-havens-reveal-company-owners

Swire goes back to the Maldives

It is SO heartening to see Swire standing up for democracy … in the Maldives … again … and again … and again

“Oral Answers to Questions – Foreign and Commonwealth Office: Topical Questions (20 Feb 2018)

https://www.theyworkforyou.com/debates/?id=2018-02-20a.16.7&s=speaker%3A11265#g20.0

Hugo Swire: The recent extension of the state of emergency and the arrest of former President Gayoom and two Supreme Court judges has shown President Yameen tightening the grip in the Maldives and the further extinguishing of the democratic institutions there. Given the fact that at any one time there are literally thousands of British holidaymakers on those islands, and that until recently the Maldives…”

A cautionary tale for EDDC and Greendale

“Bath & North East Somerset Council has taken direct action under s.178 of the Town and Country Planning Act to demolish a large building that was built nearly ten years ago without planning permission in the Green Belt.
Cllr Bob Goodman, cabinet member for Development and Neighbourhoods at the council, said the local authority, so far as he was aware, had never taken enforcement action this far.

The two-storey building at Folly Lane, Stowey, was built in 2008 without planning permission sparking numerous complaints, the council said.

Following an investigation by Bathnes, in 2008 the land owner and the company responsible (AJP Growers) were served an enforcement notice requiring the demolition of the building and the restoration of the land.
The notice was appealed but the appeal was dismissed in 2009 giving the landowner until 2010 to comply with the enforcement notice.

However the owner repeatedly failed to comply with the notice despite what the council said was numerous attempts to regularise the development. The local authority launched prosecution proceedings over non-compliance with the notice.

A successful prosecution in July 2016 saw the owner of the land and AJP Growers convicted of an offence under S.179 of the Town and Country Planning Act, 1990.

Councillors then agreed direct action to have the building demolished in order to ensure compliance with the notice. Works were due to commence in 2017 however bats were found in the building, so the council had to have an ecologist survey the site and obtain a licence from Natural England to allow its lawful demolition.

Demolition works pursuant to S.178 and in line with council’s resolution were due to start on site on Monday (19 February). All costs associated with the demolition will be recoverable against the land, the council said.

Cllr Goodman said: “I am disappointed that the owners have let it get to this point. However we have pursued this case and at long last this illegal building, which is a real eyesore, will be demolished and the land put back as it should have been done almost ten years ago.

“Nationally there are only a handful of these interventions each year mainly because people comply with Enforcement Notices before it gets to this stage, however the public must have confidence in Bath & North East Somerset Council as a planning authority that we have the teeth to follow through with the most extreme form of enforcement available to us when necessary.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=34265%3Acouncil-takes-direct-action-under-tcpa-to-demolish-large-building-in-green-built&catid=63&Itemid=31

Consultation by Parliament should be more than asking people for their views then ignoring them

Concluding paragraph of article

“The analysis of the UK Parliament’s attempt to integrate the public’s voice into the legislative process shows, therefore, that while the public’s view may enhance the understanding of the consequences of a bill and therefore enhance its scrutiny, this in itself does not constitute effectiveness. In order to have a greater impact on legislation, its integration needs to be thought through as something more integral to the legislative process rather than simply sitting in parallel with it. Integrating the public’s view directly into representative institutions requires a very careful consideration of their role and of the processes in place to facilitate it and to maximise its effect on scrutiny.”

http://www.democraticaudit.com/2018/02/21/engaging-the-public-with-the-scrutiny-of-legislation-requires-more-than-just-asking-for-their-views/

EDDC to help unauthorised Greendale businesses to relocate

Owl says: Here is EDDC’s version of the Greendale High Court decision.

With hindsight, EDDC might have been better served by not allowing the unauthorised businesses on to the site in the first place. And if the owners allowed businesses on an unauthorised site, maybe the owners and the businesses should be paying for specialists when those businesses have to move this time, not availing themselves of a free service from EDDC – especially as the rest of us are paying more and more for OUR EDDC services.

EDDC PRESS RELEASE

21 February 2018
Enforcement action taken to remove unauthorised development at Greendale Business Park
Council will work with park owners to find alternative locations for businesses

East Devon District Council has successfully fought a planning appeal by Greendale Business Park against an enforcement notice requiring the park owners to remove an unauthorised extension.

The business park has been extended into the countryside after four fenced compounds were created, concreted over and were used variously for the storage of mobile homes, shipping containers, portakabins and, in the case of one of the compounds, had two permanent buildings on it.

Following the latest High Court hearing, it now means that the owners of Greendale Business Park, FWS Carter and Sons, must comply with the enforcement notice, remove the extension and return the land to countryside within six months of the court’s decision.

Councillor Mike Howe, chairman of the district council’s development management committee, said that the council will work with the park owners to find alternative locations for businesses on the unauthorised site affected by the enforcement notice.

“This case demonstrates that we take unauthorised development very seriously and as a local authority are charged with using our enforcement powers to ensure that development carried out without planning permission is removed.

“We will work hard with the site owners to find alternative locations for the businesses currently operating from this unauthorised area.

“We’re pleased that the courts have now stopped this appeal from proceeding any further and the enforcement notice to get these works removed has now taken effect.”

The works were all carried out without planning permission and a subsequent planning application was refused due to the harm that the extension caused to the countryside and the visual amenity of the area.

Following the refusal of planning permission, the council served an enforcement notice on the owners requiring the uses to cease and the land returned to its former condition including the removal of temporary and permanent buildings, fencing and hard surfacing.

Although the owners appealed against the enforcement notice, a planning inspector ruled in favour of the council and directed the owners to stop using the land in the way it was and return it to its former condition within six months.

The owners subsequently appealed against the decision in the High Court arguing that the planning inspector had made an error in law by concluding that the East Devon Local Plan specifically covered the issue of development at Greendale Business Park.

In responding, the Secretary of State for Communities and Local Government argued that FWS Carter and Sons had misinterpreted the Local Plan and that their interpretation was “patently wrong”. Ultimately, the court did not grant the owners a further opportunity to proceed with an appeal and they will have to pay all costs arising from the case.”

“Find out if your local councillor is being wined and dined”

Of course, the complication we have in East Devon is that several of our district councillors are, or have been, in the “hospitality trade” as Owl has pointed out in the past:

https://eastdevonwatch.org/2016/05/19/when-does-private-become-public-and-public-become-private-a-very-fine-line/

“The timeless practice of “gastronomic pimping”, as Nye Bevan put it, is a tool long used by commercial lobbyists to curry favour. These “meetings” are deliberately social occasions designed to create bonds, establish shared values and ultimately influence council decisions.

Robert Davis, the most wined and dined politician in Britain while he was chairman of Westminster council’s planning committee, was entertained 150 times by property industry figures in three years. But hospitality is not the only tool in the property lobbyist’s box. One of the surest ways to access and influence the officials you seek to influence is to employ people who know local government inside out. Councillors up and down the country are employed in the property lobbying business. They are elected to represent the public interest and at the same time employed by developers seeking to influence the public sphere.

Full list of Westminster councillor Robert Davis’s 514 freebies
Take one of the scores of firms in this business, which claims to have “won successful planning consents for over 20 years”. It employs numerous local councillors, including one who sits on a council planning committee, as well as prospective and former councillors, plus a former council leader. These people not only understand how decisions are made, but in many cases are the decision-makers themselves. This is valuable for any developer needing council backing.

Besides trying to ensure that elected officials are onside with their clients’ development plans, these planning lobbyists also deal with any resistance from local communities. Developers have a statutory duty on large projects to consult with communities. Consultation, however, in the hands of lobbyists, is a tool that serves to draw out community opposition and provide it with a managed channel through which to voice concerns, but with no hope of tangibly changing the outcome. As the ex-Tesco lobbyist Bernard Hughes explained: “Businesses have to be able to predict risk and gain intelligence on potential problems. The army used to call it reconnaissance; we call it consultation.”

What do developers want from their relationships? It may be straightforward planning permission; or relief from paying a tax used to fund local amenities; or an agreement with the council on the amount of affordable homes the developer has, or doesn’t have, to provide. All of which can be, and is, negotiated by the councils upon which such lavish hospitality is poured.

That the “local lobbying” industry has got away with such practices for so long is no surprise. It lacks the one thing necessary to drive them out – scrutiny. As Davis says in his defence, all his meetings with developers “were all properly declared and open to anyone to examine”. But people need to have a proper look at what is happening in their council. Take a look at the registers of interests to see if any of your councillors double up as lobbyists. Get hold of the registers of hospitality and see if they are taking from the developers they should be overseeing. Use freedom of information law to dig deeper into who is meeting whom, and what they are seeking to do, and then hand the information to your local paper.

Until a light is shone on these relationships they will continue to flourish, and we will continue to get developments that serve no one but the investors and developers.”

• Tamasin Cave is co-author of A Quiet Word and a campaigner with Spinwatch

https://www.theguardian.com/commentisfree/2018/feb/21/local-councillors-lobbying-entertainment

A planning committee chairman, a developer and his “viability consultant” walk into a bar …

Read the rest of the sleazy story and marvel at the fact that the City of Westminster’s planning committee appears to have just FOUR members …

https://www.theguardian.com/society/2018/feb/20/robert-davis-the-councillor-meets-the-property-mogul

“New financial watchdog is a tax avoider …”

“The man appointed to police Britain’s financial system yesterday admitted using a notorious scheme that helped cut tax bills.

Charles Randell was given the job despite admitting in his Treasury interview that he had been made to pay back £114,000 to the taxman, plus interest.

The scheme he used, Ingenious Film Partners 2, collapsed after an investigation by HMRC.

Grilled by MPs yesterday, the 59-year-old corporate lawyer accepted making a mistake.

Campaigners said Mr Randell’s appointment as the next chairman of the Financial Conduct Authority amounted to ‘self-policing by the financial elite’ – and should be blocked.

Nikki Turner, of the SME Alliance for bank fraud victims, said: ‘If you or I were to try to dodge our taxes for thousands of pounds, sorry wouldn’t be good enough.

‘We need somebody in the post who’s open to seriously trying to resolve the problems with the financial sector.’ Robert Palmer, of Tax Justice UK, added: ‘Charles Randell appears to be someone who is willing to play the system to make himself richer.

‘It can be really tough for someone like that to crack down on abusive banks. This is self-policing by the financial elite.’

The chairman of the FCA is one of the most senior figures in the City.
The role involves overseeing the staff of the regulator, which investigates bad behaviour by thousands of financial institutions, and ensures customers of big firms are treated fairly.

Mr Randell made his name at ‘magic circle’ law firm Slaughter and May as the Government’s top legal adviser on bank rescues during the financial crisis, reportedly earning fees of £500 an hour. It is thought his firm earned as much as £33million. ….”

http://www.dailymail.co.uk/news/article-5414951/New-financial-watchdog-tax-avoider.html

Greendale Business Centre: FWS Carter and Sons application fails at the High Court

PRESS RELEASE:

“After 3 years challenging the planning system, Greendale Business Park owners are required to return an area back to Agricultural use.

It may have taken 3 years but finally the Planning Department at East Devon District Council (EDDC) has succeeded in winning a long running planning and legal challenge.

It was the 8th Feb 2015 when earth moving and general building works were first reported to EDDC Enforcement Officers by neighbours of Greendale Business Park. This was on a 3.5Ha site, east of the existing permitted development area at the Business Park near the village of Woodbury Salterton.

Following investigation, the Local Planning Authority (EDDC) served an Enforcement Notice to the owners FWS Carter and Sons, but they chose to ignore the notice and carried on developing the site at “their own risk”.

A planning application was submitted nine months later (06/11/2015 15/2592/MOUT) but the development was considered to lie outside the agreed development area for Greendale Business Park and it was refused by EDDC. A second attempt was made with a similar proposal split into 2 separate planning applications the following December but this was also refused (06/12/2016 16/2597/FUL and 16/2598/MFUL).

The Local Planning Authority then issued the owners with an Enforcement Notice, requesting the removal of the industrial concrete hardstanding, fences, buildings and the return of the land to agricultural use. The company then appealed to the Government’s Planning Inspectorate in March 2017 for the decision to be revoked.

on Dec 7th, 2017 the Inspector found in favour of the Local Authority and upheld their enforcement decision, but within days the Company lodged an appeal with the High Court. Last week 08/02/2018 the Judge ruled that there was no case to answer and therefore the decision by the Local Authority was upheld and costs of £3998 was set against the applicants, FWS Carter and Sons.

The Company now has 6 months to remove all industrial activity and return the land to agricultural use. This work will be monitored very closely

Another section of the Business Park (an area approximately 1Ha) south of the Greendale Business Park and just off Hogsbrook Lane, has also been developed without planning consent. The owners FWS Carter and Sons claimed in Oct 2017 that this land has been in “unlawful” industrial use for more than 10 years and they applied for a little-known planning regulation loophole known as a “Certificate of Lawfulness ” (17/2441/CPE) to enable the area to continue to be used without requiring further planning approval.

However, the Local Planning Authority followed Legal Advice and concluded that the land had not been used “unlawfully” for 10 years because there was lawful permitted development with a gas pipeline contractor occupying the site for 3 years. Because of this, the Certificate of Lawfulness was refused and it is expected that an Enforcement Notice will be served on the Company for this breach of planning shortly.

Councillor Geoff Jung, EDDC Ward Councillor for Raleigh Ward which includes Greendale Business Park says, “It is a great shame that the Company started to develop this area prior to any planning permission being in place. The efforts and costs incurred by the company in developing the site, including the cost of architects, planning consultants, barristers, solicitors, court costs, contractors’ costs and everyone’s time has all been wasted.”

“Add to that the considerable costs to the local authorities` planning, enforcement and legal teams in endeavouring to provide a sound and fair case.”

“It’s quite clear the Planning System has moved on enormously in the last 15 years, with much more openness and clarity, mainly down to modern technology. Planning applications and official documents are now open to scrutiny at the touch of a button and can be viewed without leaving your house.”

“Previously documents were available only at District and Town Halls, for interested parties to view but now the internet and Local Authority Planning Portals provide everyone with a better understanding of the planning regulations and legal issues involved.”

“I look forward to the day when all developers will follow the normal planning procedures and not proceed in such a cavalier way. This may have been the way it was done in the past but its proving much more difficult now.”

“I would like to thank the many local people who have frequently written to the Planning Authority to comment whenever it was required, as well as the Planning and Legal Team at East Devon District Council who ensured that the Planning Regulations were correctly upheld”