Daily Archives: 13 Feb 2023

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Planning applications validated by EDDC for week beginning 30 January

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£80k solicitor investigation finds John Zarczynski didn’t break Honiton Town Council’s code

A prominent former Honiton Town councillor and ex town mayor has been cleared of wrong-doing and breaches of the council’s code of conduct after an investigation that has cost East Devon council tax payers almost £80,000. 

honiton.nub.news 

It is a contradiction of a decision made in 2021 when then councillor John Zarczynski was ordered by East Devon Council’s monitoring officer to make a public apology. 

The monitoring officer had responded to internal complaints against the former mayor and chair of Honiton Town Council. East Devon Council has published that decision and it can be read via this link.  

At the time, Cllr Zarczynski disputed both the allegations and the apology and said he would seek further redress and he would not be apologising. 

Just two months later Mr Zarczynski, together with five other councillors, resigned from the council following repeated clashes with recently-elected councillors – in particular over the town council’s budget. Mr Zarczynski said the matter of the allegations against him were not the cause of his resignation, but he absolutely denied them and would not apologise. 

In the meantime, the wheels were rolling in a fully independent investigation into the conduct of Cllr Zarczynski following complaints which were the culmination of a series of events going back almost six years. 

They resulted in 16 allegations made against then Cllr Zarczynski – which included accusations of bullying, abusive and misogynistic behaviour, breaches of confidentiality and other breaches of the council’s code of conduct.  

East Devon Council, which has a statutory responsibility to investigate such allegations, commissioned an independent solicitor to investigate them all. 

That investigation has now concluded and a judgement has been delivered to East Devon Council, which has declined to disclose the outcome, despite having the findings in its possession since June last year. 

It is a decision in contrast to that to publish the findings of its own monitoring officer against Mr Zarczynski. 

However, Honiton Nub News is aware of the solicitor’s findings – detailed in a comprehensive 173-page report. 

Many parts of the report make deeply unpleasant reading and it appears inescapable that there was frequently a caustic, combative, abrasive and oppressive atmosphere within the council domain. Frequent clashes have been reported by various people between Cllr Zarczynski and council officials, particularly former clerk Mark Tredwin. 

Mr Tredwin was clerk to the council between December 2017 and September 2020. In June 2020 Mr Tredwin submitted a series of complaints to the Monitoring Officer of East Devon District Council.  

He complained that Cllr Zarczynski had: (a) failed to treat him and others with respect; (b) failed to have regard to advice when making decisions; (c) bullied and intimidated him and others; (d) breached the Equality Enactments; (e) attempted to compromise the impartiality of himself and others; (f) disclosed confidential information; (g) failed to uphold Council policies; and (h) brought his office or the Council into disrepute. 

The report includes the outcome of each individual allegation as investigated by the council’s appointed solicitor and contains many statements from those who were involved in incidents that provoked the complaints.  

Those statements record, in detail and often with lengthy quotes, a number of people’s recollections of events and written correspondence between protagonists. They include allegations of foul language and threatening and misogynistic behaviour.  

None of the allegations have been upheld and the report’s conclusion states there is ‘insufficient evidence’ of any malpractice or misconduct by Mr Zarczynski and that he is not guilty of was guilty of any breach of the Code of Conduct. 

However, in its concluding remarks, the report states that while his conduct may not have reached the threshold to breach the Council’s Code of Conduct, his behaviour was not conducive to ‘good working relationships.’

Below is a selection of the report’s findings

With regard to failing to treat staff with respect and dignity, the report stated: “We do not consider Councillor Zarczynski’s conduct towards the staff to be bullying, as no evidence was provided which indicated that Councillor Zarczynski was offensive, intimidating, malicious, insulting and humiliated any individual.  

 “Therefore we have concluded that Councillor Zarczynski’s conduct did not breach the part of the Code relating to bullying.” 

Similarly, with regard to the accusation that Councillor Zarczynski attempted to put pressure on or coerce Mr Tredwin, the report said: “There is insufficient evidence to support a finding that Councillor Zarczynski attempted to put pressure on or coerce Mr Tredwin or any other employee to carry out the duties in a biased or partisan way.” 

 In regards to disclosing confidential information, the report stated: “Mr Tredwin made a broad allegation that sensitive Council business was discussed in public. No details were provided about what the information was, the confidential nature of the information, how Councillor Zarczynski obtained the information or who it was disclosed to.  

“On that basis it is not possible to determine that Councillor Zarczynski breached the Code of Conduct by disclosing confidential information. Councillor Zarczynski did not bring his office or the Council into disrepute.” 

 An incident took place 12 August 2019 that was indicative of the poor relationship between Mr Zarczynski and Mr Tredwin. Mr Zarczynski was accused of swearing at Mr Tredwin and pointing his finger at him in an aggressive way. Mr Zarczynski denies this.  

 The investigation found that both men were raising their voices at each other ‘equally robustly’ and that: “After considering Councillor Zarczynski’s comments [his response to the accusations] on the Draft Report it would appear that both parties to the incident became frustrated with the others’ stance on a matter.  

 “Whilst that does not detract from the seriousness of the incident that took place, it is necessary to consider the conduct of both parties. Witnesses also told us the raised voices were of both parties to the conversation and equally robust. 

 “Whilst it is evident that the relationship between Mr Tredwin and Councillor Zarczynski had deteriorated by this time, both parties were engaged in behaviour that was not appropriate for their positions.  

 “However, having regard to the evidence provided and the circumstances set out by both parties we do not consider Councillor Zarczynski’s conduct to be such that it breached the parts of the Code dealing with respect, bullying or impartiality.” 

The report said the relationship between Mr Tredwin and some of the other councillors, including Mr Zarczynski, had ‘broken down’ by 2019 and concluded: “Although Councillor Zarczynski’s conduct, for example ignoring staff, seeking an investigation against the TDM (Town Development Manager) due to his dual role and the tone of some emails may not have reached the threshold for the various paragraphs of the Council’s Code of Conduct, we nonetheless express concern that such behaviour is not conducive to a good working relationship between members and officers.” 

East Devon Council has declined to comment on the findings of the investigation, saying: “Under the council’s standards process, the report is confidential” but it did confirm: “The investigation incurred a cost of £79,140 across three financial years – 2020 – 21, 2021 – 2022 and 2022 – 2023.”

Honiton Nub News understands that several other councillors, whose names have not been put in the public domain, have also been investigated in similar fashion by East Devon Council after it received complaints and they have also been cleared of breaching the council’s code. 

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Another Simon Jupp campaign loses steam

Pub firm closures up 180% as costs soar and punters stay home

The number of pub and bar companies calling last orders has risen by more than 180 per cent in a year amid surging costs and falling sales, new figures suggest.

Liam James www.independent.co.uk

Insolvencies rose from 280 in 2021 to 512 last year, accountancy group UHY Hacker Young said, as a survey found nearly one-quarter of pub firms could be forced out of business after just three bad months.

The cost of living crisis and interest rate rises have hampered customer spending on drinks and meals in pubs, while rail strikes have stopped punters from travelling into city centres, a report says.

After years of intermittent Covid lockdowns and social restrictions, many pub and bar companies have very little savings or the capacity to borrow more. The economic downturn has been the final push into insolvency for some, the accountancy group said.

Peter Kubik of UHY Hacker Young said: “It’s deeply concerning that so many pubs and bars are closing their doors. In addition to the financial consequences for owners and employees, the loss of a pub can be felt quite keenly by the community.

“This is a particularly difficult period for pub and bar owners, who find they need to spend more and more while earning less and less.”

He added: “Perhaps the government should consider what it can do to alleviate pressures, for instance, by extending the energy bill relief scheme for the hospitality sector.”

Even with the relief scheme, this winter has seen pubs and restaurants have been cutting opening hours to save on bills at quiet times, industry bodies report.

The Treasury announced last month that support for businesses will be drastically cut back from the end of March as the global gas price crisis recedes.

Despite falling bills, pubs are still likely to struggle as the new scheme is set to pay out only around 6 per cent of the current monthly maximum of £3,100.

Trade representatives, UKHospitality, Hospitality Ulster, British Beer and Pub Association and the British Institute of Innkeeping, this week called for further support in a joint letter to Grant Shapps, who has taken the helm of the government’s new Department for Energy Security.

Pubs will be heading into spring with bills of at least three and a half times that of the same time last year, they said.

A joint survey of members found one in three pub businesses is at risk of failure in the next year, with one in six trying to weather the economic storm with no cash reserves.

Some 23 per cent of members said they had fewer than three months of reserves left.

Some positive figures have emerged from industry monitor CGA’s latest sales survey, which showed pubs sold more drinks every week in January relative to the same time last year.

However, the CGA noted that the UK was not entirely free of Covid restrictions in early 2022, and despite higher sales, flatlining weekend figures suggest punters are avoiding high-spending nights out.

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Water firms could escape higher fines for pollution as ministers row back on tougher penalties

Last week Simon Jupp asked questions and now we hear that the government wasn’t really listening. 

Thérèse Coffey is backtracking on plans for penalties having already extended clean up deadlines to 2035. The Times launches a Clean It Up campaign. – Owl

Chris Smyth www.thetimes.co.uk

Water companies are set to avoid big fines for spilling sewage into rivers and seas as ministers fear the multimillion pound penalties could backfire.

Thérèse Coffey, the environment secretary, is understood to believe fines of up to £250 million for polluters are “disproportionate” and is backing away from the plans.

A consultation due to open soon is expected to provide an opportunity to water down the planned increase in fines as regulators argue against “crazy” high penalties.

The Times today launches Clean It Up, a campaign to push the government and polluters to clean up the country’s rivers, lakes and beaches.

It calls for a beefed-up Environment Agency, jail sentences and fines for water bosses responsible for repeated and serious pollution incidents, help for farmers to curb their impact on the environment, and more designated bathing waters.

In an article for The Times, the water quality activist Feargal Sharkey backs the campaign, saying: “I hope our politicians start holding the likes of the Environment Agency and economic regulator Ofwat to account.”

Ministers last year promised a thousand-fold increase in the maximum fines for water pollution following persistent sewage spills into rivers and seas.

Ranil Jayawardena, Coffey’s predecessor, said such high levels of pollution were “not on” and set out plans to increase fines from £250,000 to £250 million after dressing down water company bosses.

However, Coffey is said to have resisted the measure while she was deputy prime minister under Liz Truss and has refused to commit to higher fines.

Allies say that as part of the consultation process she wants to “make sure that fines are proportionate and easy to enforce”, saying she will “look at the evidence with a fresh pair of eyes and do what is most effective”.

There are also concerns that threatening companies with vast fines could scare off investors from lending money needed to fund £56 billion in waterway infrastructure upgrades demanded by ministers. However, Defra insists that the biggest penalties are “still on the table”. Those close to Coffey insist that she believes levels of pollution are “unacceptable” and that companies should pay for breaking the law. They argue that her priority is an effective deterrent rather than eye-catching numbers, saying she wants to bring “an open mind” to the best way to tackle sewage spills.

Others who have worked with Coffey in the job have concluded she is “super focused” on finding better environmental protections, saying they were pleasantly surprised she had not turned out to be “a Trussite who doesn’t care about the environment”.

Environment campaigners and opposition politicians, however, said that rowing back on the plan for higher fines sent the wrong signal.

Ashley Smith of the Windrush Against Sewage Pollution group, based in Oxfordshire, said: “The upper limit of £250 million does not prevent the penalty being applied at a lower level, so it is very hard to see why the secretary of state is wasting more time and taxpayers’ money on doing something that can only bring a smile to the faces of water industry shareholders and senior executives.

“It could be seen as a notional victory for them and reassurance that the big investment funds still hold more weight than the public and environment in government circles.”

Jim McMahon, the shadow environment secretary, said: “I think the danger the Tories have is they’re reneging on their already quite weak position on the £250 million cap. But more than that, it’s the message it sends out, which is business as usual.”

The Environment Agency has never used its civil powers, granted in 2010, to fine companies and Coffey wants to look at how they can be reformed to deter pollution more effectively.

Alan Lovell, chairman of the Environment Agency, is already pressing ministers to drop the proposed £250 million penalties. In a speech last month he described the plans as “crazy”, “massive” and “way in excess of what’s needed”.

He accepted that the maximum fines needed to rise from £250,000, which he said was “unfortunately not enough to make a difference to a water company’s behaviour”, but stressed the need to speed up the penalty process.

There is an existing mechanism for the EA to impose civil sanctions — the variable monetary penalties regime. However, secondary legislation would be required after the consultation to change the cap, so water companies can be fined more than £250,000 for serious pollution incidents.

A Defra source insisted that £250 million fines were “definitely still on the table”. The source added: “The environment secretary is very clear that she wants to consult on that proposal, along with other options. Ultimately we have to make sure that regulators have the powers they need to hold water companies to account.”

Who are the water company bosses and how much do they earn?

Top, from left: Susan Davy, Sarah Bentley, Liv Garfield, Steve Mogford Bottom: Lawrence Gosden, Heidi Mottram, Peter Simpson, Colin Skellet

Top, from left: Susan Davy, Sarah Bentley, Liv Garfield, Steve Mogford Bottom: Lawrence Gosden, Heidi Mottram, Peter Simpson, Colin Skellet

Anglian Water Peter Simpson

Pay £1.3 million

Number of storm overflow spills (2021) 21,351

Simpson has been chief executive since 2013 and is co-chairman of the Prince of Wales’s corporate green leaders group at the University of Cambridge.

In his own words “While implementing bans should always be a last resort, we also believe the time has come to enforce a complete ban on the sale of wet wipes that do not adhere to Fine to Flush standards.”

Northumbrian Water Heidi Mottram

Pay £648,000

Spills 36,483

Chief executive since 2010, Mottram last year joined the board of the Great British Railways Transition Team.

In her own words “Northumbrian Water has always been an incredibly environmentally conscious business.”

Severn Trent Water Liv Garfield

Pay £3.9 million

Spills 59,684

The water industry’s best-paid chief executive, Garfield is thought by some politicians to have one of the sector’s more progressive approaches to water pollution. A former chief executive at BT broadband division Openreach, she was recently tipped to lead Vodafone.

In her own words “We spend our money on the activities that customers desire . . . Even two years ago, it [water pollution] wasn’t on the priority list.”

South West Water (Pennon) Susan Davy

Pay £1.6 million

Spills 42,484

Chief executive since 2020, Davy has blamed South West Water’s poor record on sewage spills on “population growth, tourism and lockdowns”, but says pollution levels are lower than a decade ago.

In her own words “The [environmental performance] rating for South West Water will be one star for 2021 and I want to acknowledge this is not where we need to be, and it is deeply disappointing.”

Southern Water Lawrence Gosden

Pay Unpublished

Spills 19,077

Gosden was appointed in July to lead Southern Water, which was fined a record £90 million for water pollution in 2021. His predecessor, Ian McAulay, was paid £1.4 million a year.

Thames Water Sarah Bentley

Pay £2 million

Spills 14,713

Bentley has headed up the UK’s biggest water company since 2020, when she joined it from Severn Trent. The company recently published a live map showing sewage spills.

In her own words “Like many of you, I care passionately about the health of rivers. As well as providing a wonderful home for so many species, they provide an escape from the intensity of everyday life.”

United Utilities Steve Mogford

Pay £3.2 million

Spills 81,588

Mogford is due to step down as CEO early this year, after leading the company since 2011. He is the second-highest paid water boss.

In his own words “I think [there’s] a lot to do, to work with the EA [Environment Agency] and Ofwat through their investigations [into sewage pollution by United Utilities] and we’ll see where that goes. But I think at this point, we’ll work with the agencies. We feel we’re very transparent.”

Wessex Water Colin Skellett

Pay £975,000

Spills 23,524

An industry veteran, Skellett has led Wessex Water since privatisation in 1989 and has been described by friends as having a “very humble beginning” on a Nottingham council estate.

In his own words “[I welcome the] spotlight now being thrown on river water quality.”

Yorkshire Water Nicola Shaw

Pay Unpublished

Spills 70,062

A former executive officer at National Grid, Shaw was appointed to head Yorkshire Water in May. She took over from Liz Barber, who was paid £1.4 million.

The Times is demanding faster action to improve the country’s waterways. Find out more about the Clean It Up campaign.

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