Brexit, developers, local plans and devolution

So, we voted out – and suddenly housebuilders (developers) shares plunged by 40%.

There does not seem to be an immediate link with voting out, but there is. We are in for an unstable time. There will be a recession and pundits differ only on whether it will be short (around 2 years) or long (anywhere from 5-20 years depending on who you listen to). House prices will reflect this by falling and mortgage rates may well rise, pushing some into negative equity and others wary of buying in case they fall into negative equity.

Housebuilders will also need to factor in higher import costs coming in the near future when EU trade reduces and new trade agreements have not begun, along with a local skills gap as workers from the EU dry up. Plus likely (possibly temporary)increases in income tax to cover lost government income from (again possibly temporary) shrinking markets. Not to mention higher unemployment benefits to those whose jobs currently depend directly and indirectly on those employers who would normally benefit from being in the EU.

To compound this, many developers have recently taken their huge profits out of their businesses by giving their directors massive bonuses.

All these factors cause a “perfect storm” for Local Plans and the general East Devon economy. Our Local Plan is predicated on continuous growth and increasing employment, fuelling a constant demand for new housing. And, more worryingly, there are penalties if this does not happen. If we (and all other councils) do not maintain a 5-year land supply, we are penalised by having our housing numbers INCREASED by 20%.

Another complication is that, currently, our council (and others) depend for income on the government’s “New Homes Bonus” – the more new homes it gets a developer to build, the more income it gets.

All this conspires to suddenly make our local plans hardly worth the paper they were written on.

Then there is devolution – which in Devon and Somerset also highly depends on housebuilding – having “promised” an extra 176,000 houses over and above Local Plans, and also dependent on continuous growth and constantly increasing employment. It is no coincidence that the Chairman of our Local Enterprise Partnership (LEP: the lead in the devolution bid) is Chairman of big developer, Midas.

Our LEP was also promised “jam tomorrow” funds (over 30 years) from the government AND anticipated masses of EU funding, all riding on the back of a new Hinkley C nuclear power station. All other devolved areas were given similar promises.

Our new government will now have its hands full attempting to negotiate its way out of the EU, rewriting or scrapping those EU laws we have (including those on environmental protection and workers rights) and trying desperately to work out where this notional extra £350 million a week is eventually going to be spent. It has already been promised to the health service, areas currently in receipt of EU regeneration funding and academic research programmes currently supported by EU grants. That is simply an arithmetical nightmare and almost certainly an impossibility.

This leaves East Devon in a precarious position: heavily dependant on new housebuilding and continuous year on year economic growth with constant employment growth and receipt of funds from a distracted government which has also promised to stem immigration – many having voted for this as its first priority. These two priorities will mean little time for other things. Not to mention having to deal at the same time with the implications of Scotland and Northern Ireland’s differing position on their future in the UK and EU.

The Local Plan and devolution deals are now almost certainly of much lower priority to this beleaguered government and this may well lead to unintended consequences the like of which our council and our LEP can only imagine and for which they have no plan B.

Many warned that economic growth and increasing employment between now and 2030, when our local plan ends, was unattainable and that at least one event would intervene for which there was no contingency. Few expected it to happen quite so quickly.

The new political landscape

““If you haven’t got money, you vote out.” We were in Collyhurst, the hard-pressed neighbourhood on the northern edge of Manchester city centre last Wednesday, and I had yet to find a remain voter. The woman I was talking to spoke of the lack of a local park, or playground, and her sense that all the good stuff went to the regenerated wonderland of big city Manchester, 10 minutes down the road.”

http://gu.com/p/4my2k

or, in the case of East Devon:

If you are not in with the powerful in-crowd, you vote out. If you are in Axminster on the hard-pressed eastern side of East Devon … that has seen its local playing fields gobbled up by a developer, a muddy broken-down S106 playground that has been hedged in by mean housing, feeling that all the good stuff has gone to the councillors and senior officers in their new HQ in Honiton and the “regenerated” Seaton 10 minutes down the road?

Diviani “trusts the electorate”

“Councillor Paul Diviani, Leader of EDDC, said: “The British people have spoken and why not? They were asked a question and they have answered it.

As far as I’m concerned it was the right answer because I trust the electorate to get the answer right.”

http://www.midweekherald.co.uk/news/eu_referendum_eddc_leader_says_i_trust_the_electorate_1_4590816

ER … ONLY WHEN IT AGREES WITH HIM!!!!

Will the demand for ” sovreignty” mean an end to secondary legislation?

This was published by the Daily Telegraph a few days ago, and now Brexit is a reality it should be read with new eyes:

“Perhaps the most powerfully held aspiration for Brexiteers is to restore UK parliamentary sovereignty: in the words of Michael Gove, to “take back control” and, of John Redwood, for Britain to “be a democracy again .

But what would this “taking back control” mean in practice? Brexiteers imply that while EU legislation is “imposed”, Westminster parliamentarians control non-EU law-making through active debates and votes.

Except they don’t, because for voters what impacts on their lives most is not primary legislation – Bills – on which parliamentarians can vote, but the meaningful detail of the Bills, which Whitehall civil servants and ministers increasingly choose to hide in secondary legislation (sometimes called delegated legislation of Statutory Instruments – SIs).

The scale of this was estimated for the Lords by former minister Baroness Andrews:

“80 per cent of the laws as they impact on individuals are transported through statutory instruments, whether that is welfare benefits, food safety, planning requirements or competition across the NHS…”

Essentially Whitehall civil servants and ministers are defining important laws as “secondary legislation” in order to subvert the ability of parliament to choose whether to pass or not to pass laws.

Brexit is no guarantee of British control of its own destiny or of parliamentary sovereignty because our parliament is not in control.

SIs are rarely debated, and historic Westminster procedure means they cannot be amended. The idea that parliament meaningfully votes to “pass” them is no more real than the idea that the Queen gets to decide the content of the Queens Speech.

The problem is not new. An official Parliamentary report published in 2011 found that the last time the House of Commons rejected a SI was in 1979; it appears from the Hansard record that the rejection of this SI may have been a mistake.

The House of Lords, despite a 1994 resolution affirming its ‘unfettered freedom to vote on any subordinate legislation’, has voted down secondary legislation on only three occasions in the last half-century.

That one reason why the Lords’ hard line on the tax credits SIs in October 2015 caused such consternation in government and David Cameron to appoint Lord Strathclyde to review Lords powers and recommend further action.

The erosion of parliamentary sovereignty by the growing use of secondary legislation and “Henry VIII clauses” (which give ministers powers to change primary legislation through Statutory Instruments and thereby bypass the need for parliamentary votes) to reduce the parliamentary accountability of ministers and Whitehall civil servants was dubbed “The New Despotism” in a book by Lord Hewart of Bury, Lord Chief Justice of England and former Attorney General, published as long ago as 1929.

This would not change outside the EU. The problem was just as real before Britain joined the European Community.

Labour MP Willie Hamilton told parliament in the 1971 European Community accession debate:

“A great deal goes on even now under our own eyes that we do not know about… some 2,000 Statutory Instruments, which have legislative effect, go through this House every year and only a handful of them are debated. This is already government by default. In that sense this House, voluntarily and negligently, has surrendered a large part of its sovereignty to the Executive…. Much play has been made of the decision-making by the bureaucrats in Brussels. Things are not as simple as that. What about our own faceless bureaucrats in Whitehall? What part does this House play now in making policy decisions and in framing legislation? We have none at all. Everybody is consulted except us. Therefore, let us not pretend there will be any serious derogation there when we get into Europe.”

Some Brexiteers, notably Douglas Carswell, have a track-record of championing democratic accountability in Britain’s Westminster parliament. But they are the exceptions. Most are happy to indulge a Westminster parliamentary processes and rules more akin to Mornington Crescent than to cricket. Westminster “parliamentary sovereignty” would be no more certain of “returning control” to British voters, than a sovereign British space programme would be of sending a union-jack adorned rocket to Mars and getting it back in one piece.

That is nothing to do with the EU – if voters do back Brexit to “take back control” they could find themselves holding a political pudding whose democratic promise has been significantly over-egged.

http://www.telegraph.co.uk/news/2016/06/19/brexit-wont-return-power-to-mps-in-parliament-because-parliament/

And the first devolution worries appear …

“The devolution genie is out of the bottle. As we debate our future sovereignty there needs to be a strong role for local governance.

So now we know. Or do we? The UK faces months of uncertainty as the consequences of the Brexit vote, followed by David Cameron’s own exit, play out.

As all eyes turn to messy wrangling at Westminster, where does this leave local government? At this moment, the sector needs its voice heard, and clearly.

As a priority, local government needs a seat at the table as the financial and legal implications of Brexit are considered. The sector needs clarity over the replacement of nearly £6bn of European Structural Investment Funds invested in regional infrastructure, skills and youth unemployment schemes across the country. These funds play an important but largely hidden role in community infrastructure, with little public understanding of them. A Leave-led government will need to commit to continuing these or face huge local disruption. Beyond that, the practical implications for local government in legal and regulatory terms over huge swathes of activity – procurement, waste collection and disposal, energy efficiency – will need to be understood by those navigating the consequences of working outside EU directives.

Secondly, the future of devolution is by no means certain. George Osborne’s political future remains as bound to Cameron’s as it has ever been and so is now in serious doubt. Since devolution to date has been driven by a chancellor who invested his personal political capital in the agenda, local government now needs to make the policy resistant to personnel change at the Treasury. Whatever happens at Westminster and Whitehall, the impending invocation of Article 50 and ensuing trade negotiations will consume the energy of SW1 – so new and deeper devo deals will be much harder for the foreseeable future.

Thirdly, the repatriation of powers from Brussels to the UK will strengthen the supremacy of Parliament. It is likely that Scotland and Northern Ireland’s Remain majorities raise questions about their future within the UK. Local government in England needs to make sure any constitutional discussion does not stop at the national level and addresses how we are governed more fully. The Referendum vote lay bare the geographical divides within England and the alienation of swathes of the country from the Westminster establishment.

It is clear that representative democracy as we know it is in crisis – to ensure legitimate government in the future we need a serious discussion about where power lies and how our communities can have more influence in their own future. For those of us who are localists this is a given – but the terms of the national debate are not yet set in this way and they need to be. Local government needs to be heard.

Over the coming months there will be more opportunity for this. Continued dysfunction at Westminster, with both main parties divided from the Referendum fallout, gives an opportunity for local leadership to stand out on the national stage as never before. By the end of this year, candidates for new directly elected mayors will be in place and many of our city and county regions will have the opportunity to decide the future of their places. Will this help to shift the centre of political and constitutional gravity away from Westminster? Can we breathe new life into our struggling national democratic culture? Time will tell, but it is likely that the politics and kinetic energy generated by the referendum will continue and may influence these elections in ways we cannot yet foresee.

As we continue a national discussion over what sovereignty looks like, we need to make sure there is a strong local dimension which gives life to the rich diversity of our nation of cities and shires. The devolution genie is already out of the bottle and even as the Westminster bubble bursts, stronger local governance has the opportunity to take on a new life of its own. The future legitimacy of our democracy may well depend on it.”

http://www.publicfinance.co.uk/opinion/2016/06/brexit-raises-questions-about-osbornes-devo-push

And it begins already

“The Local Government Association has called for councils to be given “a seat around the table” when decisions are taken over how to replace EU laws as part of the UK’s exit negotiations.

In a statement issued in the aftermath of the vote for the UK to leave the EU, the LGA said: “It is vital that local government is part of the team. EU laws and regulations impact on many council services, such as waste, employment, health and safety, consumer protection and trading and environmental standards.

“There cannot be an assumption that power over these services is simply transferred from Brussels to Westminster. If services are delivered locally, then the power over how to run them should rest locally too. Decades of centralised control over funding and services has distanced our residents from the decisions that affect their everyday lives. With greater control in our areas we can improve services and save money.”

The LGA also called on the Government to protect the “vital” £5.3bn of EU regeneration funding allocated up to 2020. This was necessary, it said, “to avoid essential growth-boosting projects stalling and local economies across England being stifled”. …

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=27503%3Alga-calls-for-councils-to-be-given-seat-at-table-for-eu-exit-negotiations&catid=59&Itemid=27

Whither East Devon?

Whither Hugo Swire, who backed the losing side?
Whither devolution where much was based on EU funding?
Whither housebuilding and Local Plans?

So many questions and, as yet, so few answers.

Brave New World …

Hinkley C: delay piles up on delay

“EDF’s nuclear plant at Hinkley Point could face further delays after its workers launched legal action against the company in French courts and asked for the project to be put off.

The Works Council at EDF claims the energy firm has refused to grant access to key documents and that staff have been left unable to form a clear view on Hinkley.

The plant was due to be running by 2017 but the company is now aiming for completion by 2025, and has yet to make its final decision on how to raise the £18billion needed.

The decision was due in May, but delayed to consult the unions. Some representatives of EDF workers have asked for Hinkley to be put off for another three years – something the French energy company does not wish to do.

Their concerns echo those of senior managers at EDF, who last week wrote to the Energy and Climate Change Committee calling for Hinkley to be postponed.

In May, EDF’s UK boss Vincent De Rivaz faced questions from MPs over its failure to reach a funding decision last month, as had been promised.

If EDF fails to make its decision by September, it will be called back before the select committee again in October.

Jean-Luc Magnaval, secretary of the EDF workers’ committee, has said that even if judges force EDF to hand over the documents in question, the unions will struggle to come to a decision by their set deadline of July 4.

EDF said it had supplied comprehensive information on the project to the unions and participated in meetings to enable representatives to reach a decision in time.

A spokesman for EDF said: ‘EDF is confident in the quality of the information it has provided to the [union] in support of the Hinkley Point C project.’”

http://www.thisismoney.co.uk/money/news/article-3657038/Threat-delays-Hinkley-Point-Nuclear-plant-workers-launch-leagal-action-against-EDF.html

Do EDDC consultants know how long their piece of string is?

Freedom of Information request on “What Do They Know” website:

Dear Ms Symington,

I would like to make a formal request under the Freedom of Information Act 2000. I am also making this Request under the Environmental Impact Regulations 2004 which require disclosure on the part of Local Authorities.

1) The Davis Langdon report to Cabinet of 17th July 2013 states the following:
“3.4.3 The current gross internal floor area totals some 7,722 m2, with the former Hotel providing 5,784 m2 and the Office Extensions 1,938m2.” http://eastdevon.gov.uk/media/1183866/ca…

This is also referred to in an earlier FOI Request, where you state:
“The floor space area was calculated by an independent consultant and cross-checked with the Display Energy Certificate (DEC).” https://www.whatdotheyknow.com/request/c…

2) The Valuation Office website states the following:
“Address of property: KNOWLE THE, STATION ROAD, SIDMOUTH, DEVON, EX10 8HL
“Total area: 4871.85 [sqm]”
http://www.2010.voa.gov.uk/rli/en/basic/…

I would be grateful if you could provide an explanation for the apparent discrepancy and provide me with evidence as to how the actual floor space at Knowle is calculated.

Thank you.

I look forward to hearing from you.

Yours sincerely,

Jeremy Woodward

https://www.whatdotheyknow.com/request/total_floor_area_of_knowle”

“EU Referendum: “East Devon to be one of the last districts to declare results”

“East Devon will be one of the last local areas in the UK to return their EU referendum result. The district will return their verdict at 5am on Friday morning.

Residents in Exeter, however, won’t have to wait as long. The city’s verdict is expected to be revealed at 3am.

South Hams are set to announce theirs 3.30am, Teignbridge at 4.30am, West Devon at 5am, Plymouth at 5am and Torridge between 4am and 6am.

http://www.exeterexpressandecho.co.uk/eu-referendum-east-devon-to-be-one-of-the-last-to-declare-result/story-29436536-detail/story.html

Exeter has many more voters than East Devon, so has Plymouth.

Explain.

Rural roads need more money

“… A report published today by the Federation of Small Businesses (FSB) shows that half of all small firms believe this country’s road and public transport system has got worse over last few years.

The three biggest issues highlighted in the report by small companies operating in rural areas are congestion on local roads, potholes and the cost of fuel.

It also warns a lack of regional planning is hampering business growth, particularly in rural area and FSB has also called on the newly-formed combined authorities around the country to commit to spending more on rural transport infrastructure and give the matter a higher priority.

The FSB’s national chairman, Mike Cherry, said while the Government is investing in transport, the ‘lion’s share’ is being spent on ‘big flagship projects’.

‘Most small businesses mainly rely on their local roads and public transport, so there is a strong case to prioritise investment in these smaller projects which will help to alleviate congestion and bottlenecks,’ said Mr Cherry.

‘The current devolution agenda in England presents a real opportunity to make a positive difference to rural communities. Small businesses want to see more resources earmarked for rural transport.

‘This will help support rural small businesses as well as the UK tourism industry, which are both disproportionately affected when local bus networks and roads are left to deteriorate,’ he added.”

http://www.localgov.co.uk/Small-firms-demand-more-money-for-countryside-roads/40935

Beach hut waiting list mystery

Owl has been contacted by someone nearer to 100 on the waiting list in Seaton for the favoured East Walk has been offered a choice of 5 sites available and has anecdotally said that someone way down on the less-favoured West Walk site has been offered a choice of three sites. Both are refusing due to cost.

Hhhmmm … time for that discount Mr Pook!

Sidford Business Park: evidence and information for objectors

Sidford-Sidbury Rd, next to Sidford Fields site for proposed business park.

Sidford-Sidbury Rd, next to Sidford Fields site for proposed business park.

imageimage

More details here:
Save Our Sidford—- Where to write

Lycamobile (one of the biggest donors to the Conservative Party: how do you get information on its UK business?

19 Lycamobile officials in France have been arrested in money laundering investigations.

Here is how ine UK person’s attempt to find out what goes on with the company in the UK went:

“Dear National Crime Agency,

I note in recent revelations published by Buzzfeed news concerning Lycamobile, allegations that “the international telecoms group employs three cash couriers to drop rucksacks stuffed with hundreds of thousands of pounds twice a day at Post Offices scattered across London”. (See *)

Buzzfeed quote a statement by a former manager, “The services would be intangible – consulting or IT services, for example. It would all be billed to London.”

In Lycamobile UK’s most recent annual accounts (**), filed at Companies House… the auditors identify significant sums for which the audit records are inadequate, including “an amount of £134,133,856 owed by related parties for which the audit evidence available to us was limited because of the complex nature of the related party structure the company operators within”.

Given the involvement of UK banks, the use of intangible services in London to spend the money deposited by Lycamobile, and the qualifications to Lycamobile UK’s accounts, please could you disclose to me;

1) Confirm or deny the National Crime Agency are involved in the investigation into alleged international money laundering by Lycamobile in London. If not, please could you indicate who is?
2) Confirm or deny the co-operation of Barclays Bank with any investigation into money laundering via UK bank accounts
3) The number of corresponding arrests made in the UK

France’s Parquet National Financier;-

“On Wednesday and Thursday, 19 people suspected of being involved in a money-laundering system implicating Lycamobile and Lycamobile Services were arrested. The arrests were part of a Paris judicial investigation into money laundering and VAT fraud. Several places in Paris and its outskirts were raided and police seized about 130,000 euros in cash and 850,000 euros from bank accounts. Nine people were brought in front of a judge on Friday and charged with money laundering among other things, and eight were released on bail while one man was remanded in custody. The charges relate to money laundering of at least 17 million euros and VAT fraud of several million euros”.
Yours faithfully,

P. John”
* https://www.buzzfeed.com/heidiblake/the-…
** https://beta.companieshouse.gov.uk/compa…

And the reply was:

“OFFICIAL

Dear P. John

Thank you for contacting the National Crime Agency (NCA).

NCA is not listed in Schedule 1 of the Freedom of Information Act 2000, and as such is not obliged to respond to Freedom of Information requests. NCA is also not listed as a ‘Scottish Public Authority’ in the Freedom of Information (Scotland Act 2002).

Any information from, or relating to NCA has an absolute exemption from disclosure by other public authorities by virtue of Section 23 of the Act (as amended by the Crime and Courts Act 2013).

From time to time NCA will make limited information available on the web site http://www.nationalcrimeagency.gov.uk.

Whilst we will not respond to specific requests, we will consider written suggestions about information we may consider publishing in the future.

For more information about the Freedom of Information Act, please contact the Office of the Information Commissioner, or view their web site at http://www.ico.org.uk.

Yours sincerely

Public Information Compliance Unit
NCA”

https://www.whatdotheyknow.com/request/lycamobile_3

Axminster Hospital affected by protracted NHS contract negotiations

“Axminster must accept the closure of its hospital beds and concentrate on re-establishing day case treatment there.

That is what League of Friends’ chairman Dr Phil Taylor told members at their annual general meeting, in The Guildhall, on Friday.

He said: “Your committee agreed that, having fully engaged in the battle over beds, it was time to accept the inevitable and work constructively to ensure that the communities which we serve saw the development of other services which we hoped would mitigate this loss.

“Specifically, we would like to see the re-establishing of day case treatments at Axminster Hospital. This would mean that people who need blood transfusions, infusions for osteoporosis treatments and other intravenous treatments could have these in Axminster. We are also hoping that chemotherapy treatments might also become available locally as well.

“Progress on this has been impeded by the interminable process of contract transfer of the community hospitals – and other services – from Northern Devon Healthcare Trust (NDHT) to the Royal Devon and Exeter NHS Foundation Trust.

“We are also keen that people who are at the end of their lives can be looked after in our community when it is appropriate, the ability to do this having been diminished by the loss of our in-patient beds.

“We have been working with NDHT to see if we can establish two temporary care home beds but perhaps, more excitingly, we are working with the Exeter and District Hospice on extending the Seaton Hospice at Home service into the rest of the Axe Valley.”

http://www.midweekherald.co.uk/news/re_establish_day_cases_at_axminster_hospital_urges_gp_1_4588919

Former editor of “The Independent” thinks party politics is dead and democracy is broken

“So here is the checklist: Conservative Party: split; Labour Party: in disarray; Liberal Democrats: severe losses.

That isn’t the end of it. There is another serious development running in parallel: the decline in people’s trust in their political leaders. Which is cause, and which is consequence, it is impossible to say.

What is certain, however, is that the systematic, shameless spinning and fear-mongering of the Remain and Leave campaigns has further reduced the respect in which our aged political system is held.

The truth is that the party system – a part of our everyday lives since Labour formed its first government in 1924 – is tottering and will soon collapse. …

… I hope myself that the ‘new’ would have three characteristics. First, the political process would be more consultative than it is at present. To this end I would favour a further expansion of the work of the parliamentary select committees. These are the bodies that have recently held Mike Ashley of Sports Direct and Philip Green, the former owner of BHS, to account. They should hold hearings in regional centres as well as in the Palace of Westminster.

Second, MPs should be subject to term limits, which would mean that they could not stand for re-election to the House of Commons more than, say, twice. This would prevent the creation of a political class. Politics would no longer be a lifetime career but a public duty.

And third, citizens who have done something with their lives other than politics should be willing to stand for Parliament knowing that with term limits, it would not be a job for life.”

http://www.independent.co.uk/news/uk/politics/the-founding-editor-of-the-independent-thinks-democracy-is-broken-and-he-wants-to-know-what-you-a7096311.html

Developers and their promises

What Donald Trump promised at his golf course in Scotland:

” … a sprawling resort in the ancestral home of golf with two courses, a 450-room luxury hotel and spa, a conference center, employee housing, a turf-grass research center and a holiday community with hundreds of villas, condos and homes. The project would pump millions of dollars into the local economy and create 6,000 jobs — maybe even 7,000 jobs, Trump said at one news conference. Tourists would travel here from around the world, he promised, along with well-known celebrities such as Scottish actor Sean Connery.”

What they got:

“… the Trump International Golf Links near Aberdeen employs just 150 people and consists of one golf course that meanders through the sand dunes, a clubhouse with a restaurant and 19 rooms for rent in a renovated mansion and former carriage house. There is also a maintenance facility and a road running through the property. Lonely and desolate, the resort has attracted no major tournaments, and neighbors say the parking lot is rarely, if ever, full.”

https://www.washingtonpost.com/politics/trumps-top-example-of-foreign-experience-a-scottish-golf-course-losing-millions/2016/06/22/12ae9cb0-1883-11e6-9e16-2e5a123aac62_story.html

“Welcome to the angry, divided Kingdom”

Video

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

“As the big vote approaches and many voices say the EU referendum has whipped up the politics of hate, John Harris and John Domokos go on a five-day road trip from post-industrial Labour towns to rural Tory heartlands. In Birmingham, Leave voters cross racial and cultural divides; in Manchester, students uniformly back Remain; while people in the city’s neglected edgelands want out. And one fact burns through: whatever the result, the UK’s grave social problems look set to deepen.”