The missing 6,000 voters: a personal perspective from an EDA blog commentator

Paul Freeman, a regular commenter on the EDA blog, has sent in this blog entry which represents his personal view after asking questions of the district council at last week’s full council meeting:

“Mr Chairman, Councillors

I would like to make a statement and ask some questions relating to democracy in East Devon which is on today’s agenda.

It has come to light in the past few weeks that the Electoral Registration Officer for East Devon has deregistered at least 6,400 people in East Devon and possibly as many as 7,000 citizens from the Electoral register. This is equivalent to 1 in 15 of all voters in East Devon, In other words, of all the councillors and officers in the room today, the entire top-table has been disenfranchised. Or of the visitors, the public here, these three gentlemen behind me have lost their vote. It is a matter of public record that the Electoral Registration Officer for East Devon has failed to meet the standard set by the Electoral Commission on doorstep canvassing for the past three years in a row. In addition, last year the Electoral Registration Officer reported to the Electoral Commission a perfect score, in doorstep canvassing, i.e. he reported that the number of households not canvassed was zero, yet when the Electoral Commission looked into this further they decided that his performance was still below standard in this area.

1. Can the council assure us that this lack of performance was not, even indirectly, the cause of these citizens losing their vote?

2. Secondly, can the council please tell us whether mis-reporting his performance is a disciplinary offense against the Electoral Registration Officer?

3. Can the council please confirm whether the telephone canvassers that have been promised to be recruited, have indeed been recruited, yet?

And finally:

4. Is the council aware that as part of his activities to implement Individual Electoral Registration, that our ERO has already mislaid a further 900 voters in Budleigh Salterton?”

Leaving aside the appropriateness of the Chairman handing these questions to the ERO himself to answer (CEO Mark Williams) when they included questions about his own performance and possible disciplinary action …

The statement made by Mark Williams, EDDC CEO and ERO, probably says more about his own regard (or lack of it) for the voters of East Devon than any number of assertions by members of the public such as myself:

“Well I will answer on behalf of the council.

I think first of all, Mr Freeman, I recommend that you double check your facts.

The second thing I’d say is that as members know from a report I took to the Cabinet Meeting, that we are transitioning from an Electoral Registration System that the government has said is unfit for purpose.

And the third thing I’d say to you is that in any major change process it is not where you start from that counts but where you end-up.”

(You can listen to the question and the ERO’s answers in the first 3 minutes of the recording of the meeting available on the councils web site at http://www.eastdevon.gov.uk/council_agendas_and_mins.htm .

Disregarding that he didn’t actually answer ANY of the questions asked …

And leaving aside that he effectively denied the facts I stated (which have been discussed in depth on this blog) and which I can back up with citations to Electoral Commission documents and to documents from the ERO himself released in response to a Freedom of Information request…

And disregarding his misrepresentation of the old electoral system which was certainly fit for purpose for several decades, and is being changed only to ensure that voters do not lose their registration if the head of household refuses to add them to the form (a rare but regrettable occurrence)…

The key point is that I am sure that all of the 6,400 – 7,000 deregistered voters who were unable to vote in the European Elections will be heartened to know that the ERO believes that it doesn’t really matter that they missed this recent election because they will eventually be reregistered and able to vote in some future election – maybe in time for the May 2015 local council elections, or maybe some future election after that. Does Mark Williams think that elections are like busses – if you missed this one, never mind because there will be another one along in a minute or two?

In the light of this public statement, I again call upon the East Devon Electoral Registration Officer, Mark Williams, to resign his post of EDDC CEO (which includes his role as ERO) because his position is (even more) untenable.

Councillors who voted for and against curtailment of public speaking

Councillors voting in favour of the amendment (16): [i.e. that public speaking should NOT be curtailed]:

Mike Allen, Susie Bond, Derek Button, Trevor Cope, Steve Gazzard, Pat Graham, Stuart Hughes, Douglas Hull, Ben Ingham, John Jeffery, Sheila Kerridge, Jim Knight, Frances Newth, Brenda Taylor, Graham Troman, Claire Wright.

Councillors voting against the amendment (29): [i.e. those voting FOR public speaking to be curtailed]:

Graham Godbeer, Christine Drew, Paul Diviani, Ray Bloxham, Roger Boote, Peter Bowden, Bob Buxton, David Chapman, Maddy Chapman, Iain Chubb, David Cox, Deborah Custance Baker, Martin Gammell, Steve Hall, Peter Halse, Tony Howard, John Humphreys, David Key, Andrew Moulding, John O’Leary, Helen Parr, Philip Skinner, Pauline Stott, Peter Sullivan, Phil Twiss, Chris Wale, Mark Williamson, Tim Wood, Tom Wright.

Councillors abstaining (4):
Peter Burrows, Jill Elson, Stephanie Jones, Ian Thomas.

Question: how could anyone ABSTAIN on this subject? Surely those abstaining were not ambivalent – if they were they could have made amendments to suit their reservations? To not know whether you are for or against this seems bizarre.

And well done those Tory councillors who voted with the minority – that’s real courage.

Memo to the next Overview and Scrutiny Committee

East Devon Business Forum Task and Finish Forum: remember that?

The missing 6,000 voters, 3 years of not doing house to house canvassing (a criminal offence) – an explanation from the CEO.

That should do to start with … too late for public speaking, of course.

Local statistics: fight fire with fire

Anyone needing local statistics need look no further than

http://www.neighbourhood.statistics.gov.uk/dissemination/LeadHome.do?m=0&s=1405503425436&enc=1&nsjs=true&nsck=false&nssvg=false&nswid=1152

For example. putting in a postcode, choosing “Local Authority” and then the subset ” Environment” gives the most recent available data for:

Physical Environment
Key figures for Physical Environment
Commercial and Industrial Floorspace and Rateable Value Statistics (1998 – 2008)
Commercial and Industrial Property Vacancy Statistics (1998 – 2005)
Domestic Energy Consumption (2005 – 2011)
Land Use Statistics (Generalised Land Use Database) (2001 – 2005)
Land Use Statistics (Previously-Developed Land) (2004 – 2010)

Filming, tweeting and photographing council meetings legal from 6 August 2014

Democracy is dead (EDDC has voted to curtail public speaking at theit meetings) long live democracy (new laws allow public more opportunities to inform rhe public about such meetings):

The regulations state that members of the public may film, take photographs, or make audio recordings of meetings; provide oral or written commentary on a meeting as it takes place; and use any other methods to enable people not at the meeting to follow proceedings, either as they take place or afterwards.

http://www.independent.co.uk/news/uk/politics/local-government-can-no-longer-act-like-putins-russia-says-pickles-9630878.html

Another developer’s appeal refused in an AONB despite no Local Plan

… “The inspector also concurred that the fields formed part of the setting for the area of outstanding natural beauty (AONB) celebrated in Laurie Lee’s memoir Cider with Rosie, and was therefore valued landscape that the government’s National Planning Policy Framework (NPPF) should protect.

As in many areas the lack of a local plan had left the land exposed under the NPPF’s presumption in favour of sustainable development. Yet the inspector’s decision establishes that land can be a valued landscape even without official designation, and that the lack of a local plan for meeting housing targets did not necessarily undermine the protection that our countryside merits.”

http://www.cpre.org.uk/media-centre/latest-news-releases/item/3685-slad-valley-planning-decision-a-fantastic-victory-for-local-countryside-campaign

Developers allowed by High Court to see secret contract documents

So why not electors? We shall see on 28 August 2014 at Exeter Magistrates Court perhaps:

A Deputy High Court judge has ordered a local authority to make early specific disclosure to a leisure services provider bringing a claim over a recent £120m concession procurement.

The ex tempore ruling was made in Wealden Leisure Limited v Mid-Sussex District Council HC14F01304 (16 July 2014) by Andrew Hochauser QC, sitting in the Chancery Division.

Wealden, the claimant, was the incumbent provider but lost out to Places for People Leisure.

According to 11KBW, one of whose barristers (Joseph Barrett) is acting for the company, Wealden launched proceedings after being told that Mid Sussex’s preferred bid was in the region of 20% cheaper than its own proposal.
The claimant has expressed concern that the preferred bid was “abnormally low, unsustainable and non-compliant”.

Wealden’s concerns “were heightened when it discovered that the council had permitted the preferred bidder to make significant changes to its pricing submission after final tenders were opened”, the chambers said. “The council admitted that it had allowed the preferred bidder to increase its stated costs figures by more than £200,000 per annum.”

Mid Sussex refused a request for early specific disclosure of the final tenders it received.

Wealden, which had previously proposed that disclosure would be restricted to a confidentiality ring of its lawyers and an independent expert, applied to the High Court.

It argued that it needed the information to allow it to properly plead its case that the preferred bid was abnormally low.

The Deputy High Court judge ordered the council to disclose the entirety of the final tenders, 11KBW said.

Mid Sussex also agreed – following a suggestion made by the judge – to disclose the evaluation documents evidencing what, if any, investigation it had conducted regarding the sustainability of the preferred bid.
The council was ordered to pay the claimant’s costs in full.
Tom Clark, Solicitor to Mid Sussex, said the authority would be vigorously defending the claim.

He added: “The council conducted the procurement exercise fairly and properly in accordance with its obligations. At the end of the process, it awarded the contract to Places for People Leisure a competitor of Wealden, having been satisfied that their bid was sustainable and viable and that it would provide the best and most effective service.

“On 1 July 2014, the council entered into a contract with PfPL, who have been operating the leisure facilities within the Mid Sussex since that date.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=19420:council-ordered-to-make-specific-disclosure-in-dispute-over-p120m-procurement&catid=53&Itemid=21

Skypark: modern architectural gem? Er ….

http://www.exeterexpressandecho.co.uk/Strong-Skypark-completion-new-Ambulance-Special/story-21966189-detail/story.html

It will be interesting to see how EDDC’s consultants “compliment” the first building to be completed at Skypark. But maybe the parcel depot will scoop the architectural prize!

Take the Knowle walk while you can … and park while you can

Click to access walkingfestivalleaflet3fold.pdf

Bit rich isn’t it? This leaflet is promoting one of the walks as you can see using the Knowle free Park and Walk car park…

Yet if EDDC have their way, this facility will not be available for long…

Why do so many developers apply for outline planning permission rather than full planning permission?

A possible reason is given in a comment on a blog quoted below which is about a shortage of planning officers due to cuts:

“The reason for the gap is developers have found a gap. They go for outline planning permission with the minimum of detail hoping the details will be left to reserved matters, and with planning departments under pressure to provide housing, the developer hopes he can push the development through with the minimum of restrictions Laurie Pocock”

http://andrewlainton.wordpress.com/2014/07/28/cuts-to-planning-staff-will-slow-down-housebuilding-ft/#comments

The fracking map that shows the reality for Devon’s AONBs and its World Heritage site

As Greenpeace says:

“In fact, so far as we can tell, the announcement actually makes it easier for developers to drill in national parks – by giving the communities secretary the automatic right to overrule local authorities who reject an application.”

http://www.bbc.co.uk/news/business-28513036

Why is it that politicians of all parties can rarely just tell us the plain truth? In this case: “Yes, we may well allow fracking in AONBs and World Heritage sites but whether you like that or not we have decided that the country as a whole needs this energy source more than you need your Areas of Outstanding Beauty and World Heritage sites”. At least then we would all know where we stand.

Public speaking (or rather public gagging) continued …

http://www.exeterexpressandecho.co.uk/East-Devon-public-speaking-restrictions-8220/story-21962585-detail/story.html

speaking Truth to Power will always cause you trouble! Thank goodness some people are prepared to do so.

So EDDC didn’t spot “extraneous and unlawful planning inducement” in planning app?

Newton Poppleford resident Mark Coppell is one of many who wonders where the blame lies. Below is his letter to the Sidmouth Herald (23 July 2014).

Sir
I write in response to EDDC’s recent statement that the judicial review relating to the planning permission granted at King Alfred Way, Newton Poppleford, was conceded despite no fault being apportioned to the Council itself. Having first-hand experience of EDDC’s internal investigative procedures I am not in the least bit surprised they have reached this conclusion.
However, it would be interesting to know precisely whose fault do EDDC consider it to be that an extraneous and unlawful planning inducement was included in the draft Section 106 agreement before the application was heard at committee? Whose fault was it that, during the planning meeting, the council accepted the offer of a unilateral undertaking of the surgery, a form of planning obligation governed by the same regulations that made provision via section 106 unlawful?
The committee and legal team were recorded discussing making approval “subject to demonstration of a mechanism” to secure something, in full knowledge that it could not legally be secured. It was resolved to word the approval vaguely such that “everybody knows what needs to be done (provision of the surgery) but without making that issue (it being unlawful) raise its head”. If that was not the council’s fault, then who is to blame?
Even more curiously, if the council truly believed they had not erred and their position was defensible, who authorised the decision not to contest the judicial review, thereby costing £11k of taxpayers’ money?
Once again, in their statement, EDDC have adopted a defensive attitude towards the electorate, and are trying to absolve themselves of blame for their planning advice and decision-making being legally unsound. This whole episode suggests that the council are not sufficiently familiar with the regulations that govern planning matters and made a genuine but extraordinary mistake. The alternative explanation is that they have a flagrant disregard for such things when they interfere with awarding planning permission to a major landowner in whose thrall they appear to exist. I am not sure which option worries me to a greater extent.
District council planning and legal departments appear to be regulated either within house, or by those who once were in the profession. As a result they are effectively self-regulatory. Little wonder then, that they find it difficult to admit any wrong doing on their part as they are seldom held to account. It would appear the only regulation they are subject to is when legally challenged by members of the public, and this is only feasible for those with access to large funds of money. The loss of £11k to the taxpayer is highly regrettable and was utterly avoidable on EDDCs part. However, the risks taken by the public when challenging unlawful decisions are far greater proportionately and as such are not taken lightly. It was hoped that at the very least EDDC might offer some contrition and resolve to amend their practices in future. Alas not.
All in all this represents yet another shameful episode in EDDC’s recent history.
Matt Coppell

Fracking to be allowed in AONBs, National Parks and World Heritage sites as long as it is done “sensitively”!

Drilling wells disguised as trees? Lorries disguised as dragon flies? Has anyone seen a sensitively-located coal mine or a sensitively-located car plant?

Full story HERE

… About half the UK is open for licensing, including parts of National Parks. But applications there will only be accepted in “exceptional circumstances and in the public interest”, said the government. The same rules apply for the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites. …

Unfortunately, we are in a district where our council refused to consider the creation of a new national park alongside Dorset as it meant they would lose control of planning.

Also interesting how organisations like the National Trust have interpreted it as a safeguard and not what it is: a loophole. Councils will use “economic growth” as the reason to allow it – rather like the NPPF uses the word to justify housing on AONBs and Green Belts.

If the Coalition had NOT wanted fracking in these areas, they would have explicitly banned it.

CoVoP members will attend discussion forum as part of Parliamentary enquiry into NPPF

An update from the secretary of Community Voice on Planning (CoVoP), has been received by EDA:

‘Dear All

Four things to update you on at the moment:

1. Many people have been invited to participate in a discussion forum on 1st
September as part of the
Parliamentary enquiry into the NPPF. There must be at least 50 people going
and most are members of
groups associated with CoVoP. We all have local issues to discuss but the
following list of topics from
our discussion with Greg Mulholland and his colleagues does suggest a common
thread which we could
all use.

2. As a result of our discussions with MP’s and other interested groups, we
believe that the following are
the main areas where change to the planning system would be helpful now or
early in the life of the new
government:
1. The calculation methods used for determination of housing needs are
based on long term economic
forecasts of dubious accuracy but Local Plans must be based on them; they
should be based on historic
trends and include a range of figures (minimum based on pure historic trends
and maximum based on
projected economic growth).
2. The calculation of the five-year housing land supply should be based
on the minimum figure of
housing need and should include all permissions not just those which
developers chose not to land-bank.
The five year land supply target does encourage house building but the
current calculation methodology
has the appearance of allowing inappropriate land-grabbing by developers.
The inclusion of permissions
in the calculation would ensure that sufficient land was allocated but would
then encourage building on
those sites. Allocation of land for housing is essentially a one-way
process; once included in a
development plan, there is no going back – only under-provision can be
corrected later, by making further
allocations if the projection turned out to be too low. If there was
over-provision, either because the
projection was too high, or because land came forward more quickly than
expected, no corrective action
is possible.
3. An increased emphasis to be put on affordable housing. Evidence shows that many
developers prefer to build
executive homes and that they actively attempt to reduce the number of
affordable homes included in
developments. The main need is for affordable homes for individuals and
young families and for older
people to downsize to. The policy should encourage councils to prioritise
affordable homes and
bungalows for elderly people who want to downsize but still want a garden
for themselves and their
grandchildren.
4. The role of planning inspectors should be reviewed to ensure
independence and to reduce their
quasi-judicial status.
5. The constitution of planning committees and role of LPA planning
officers should be clarified (should
be supporting the planning authority and the electorate not promoting
developers).
6. The elimination of “costs” in planning appeals – if developers chose
to field numerous barristers, they
should pay for them win or lose.
7. Prioritisation of brownfield developments over green spaces.
8. Importance of infrastructure planning and funding early in the life of
developments.
9. The need to allow time for local plans to be agreed (perhaps a
moratorium on new applications for
anything other than brownfield sites until plans are in place).

3. Please take the opportunity to look at our website and see the
advertisement on the front page from
Cheshire East (click on the title for a pdf). Also see our link to the oral
evidence session to the NPPF
Review committee on July 9th. David Gladman (planning-broker and Partner,
Gladman Developments)
was giving evidence. By his own evidence, he has interests in 200 planning
applications in 70 LPAs. He
thinks that all decisions should be taken by planning officers as planning
committees are old people who
are set in their ways and who refuse to accept his assessments of housing
needs.
His evidence has its funny side. At the start of the session, the MPs had
declared connections to local
councillors (wives, fathers, party workers, etc). Mr Gladman did not appear
to be aware that he was
attacking people they value or indeed the values of democracy. He is very
cross that Cheshire East
refused his offers to let his team of planners work on the Local Plan and
draw it up for them!
It has to be said that, judging from the reaction of the MPs to Mr G.’s
sparkling personality, he has
probably done more for our cause then anybody else who gave evidence to the
Committee. At least they
might now understand why there are at least 70 LAs where a lot of people are
not very happy with the
NPPF!

4. Finally we congratulate Mr Boles on his new appointment and welcome the
new Housing and Planning
Minister Brandon Lewis. I’m sure that you know that he was already
under-secretary of state within the
Department for Communities and Local Government (DCLG) and held a wide range
of responsibilities
including local government, fire services, high streets, town centres,
markets, travellers and pubs. We
hope that he will take the opportunity of his new appointment to make the
changes to the planning system
outlined above.’

See also http://covop.org/

Letters to the Sidmouth Herald … oh dear for EDDC

This week’s Sidmouth Herald has 6 critical letters about our council:

One letter from Paul Freeman about the missing 6,000 (plus) voters missing from the electoral roll and finding the “explanation” from EDDC very wanting

One about how our council is mired in bureaucracy in spite of the major party’s pledge to “cut red tape”

One about the upcoming court case between EDDC and the Information Commissioner about EDDC’s refusal to release documents in spite of the Information Commissioner’s request that it should be published

Two about the omnishambles of planning and development in Newton Poppleford where a reason to allow one development was turned on its head to refuse another and where EDDC did not find it necessary to have an Environmental Impact Assessment on the Clinton Devon Estates site in spite of it being beside an Area of Outstanding Natural Beauty

One about the inability of the council to improve access the Byes even though they own the land which could allow improvements

Add the item about EDDC “restricting free speech” at its meeting and another item about voting for funding for £15,000 of sports cash has been delayed twice because EDDC felt that not enough old people and not enough young people had voted in the previous two rounds and it just hasn’t been a good week for our council.

Heritage is not just about stately homes says retiring head of Lottery Fund

“… Dame Jenny has a very clear idea of what heritage means.

“My definition is really anything that people value and that they want to hand on to the future. That can be a memory, a culture, a butterfly in Yorkshire or a fantastic landscape in Scotland, as well as a building that has been derelict in the centre of a small community and which, if they could just turn it into something, would transform that community.”

http://www.telegraph.co.uk/culture/art/architecture/10992657/Jenny-Abramsky-Heritage-isnt-just-about-stately-homes.html

NIMBYs have had their day – further reflections

The statement by the new Minister that the Coalition’s policies on development have brought great happiness to many people was based on two surveys: one of 3,000 people in 2010 and another of 1,000 people in 2013.

Minister … straws … clutching.

Perhaps it was a note Boles had left in his office!

A response to “NIMBYs have had their day”

Dear [Daily Telegraph] Editor,

This morning’s headline story (Minister: Nimbys have had their day – 26 July) in the Daily Telegraph beggars belief!

What on earth will it take to get the current government, and Brandon Lewis in particular, to wake up and smell the abject disbelief amongst the rural community in particular that “people now have a greater say in where housing goes”. A survey of only 3000 people in 2010 compared with a similar one of only 1000 in 2013 certainly does NOT compare with the responses registered with Community Voice on Planning (www.covop.org) and is remarkably thin evidence upon which to trumpet the progress of national government policy. If ministers quote from such a small sample it only serves to reinforce what the community has been saying for years – our ministers’ dogmatic presumptions hold sway in spite of the real world situation they are attempting to govern.

Those of us who have raised the uncontrolled inappropriate development rush issue – for in practice that is EXACTLY what it is at present, are NOT against development per se. What we are infuriated over is the repeated examples of poor strategic planning by local authorities. This is exacerbated by blatant exploitation of land-banking by developers – invariably on the easiest of development land, ie green spaces, who then make all sorts of promises of affordable home provision to gain outline planning permission only to renege subsequently by pleading non-viability once permission is gained and requisite infrastructure costs imposed; local authorities then invariably buckle under threat of legal costs of appeal and the developers get their way.

Construction of the open market houses doesn’t begin until the developer feels like it and the 5 year housing supply doesn’t get updated until they do. This leads to more applications while the going is good and infrastructure improvements to support any of this cannot be funded until the houses are built.

The community has NO say in this process yet it gives our blinkered politicians a warm and cuddly feeling that everything is going well! Oh really?

Paul S G Adams MBE
Vice-Chairman
DefeND North Devon