“NIMBYs have had their day” says new planning minister

Brandon Lewis seems to be taking the mantle of his predecessor, Nick Boles, with ease. He says that “communities that once opposed housing developments now support them because of the Coalition’s planning reforms” according to the front page, headline in today’s Daily Telegraph. He went on to give figures from a survey which appears to show that more communities are prepared to accept more housing.

http://www.telegraph.co.uk/news/politics/10991867/New-planning-minister-suggests-Nimbys-have-had-their-day.html

However, see here for a different take on this article from the National Trust:

… “However the comments risk causing anger in the countryside where the Coalition’s reforms have triggered a huge surge in planning applications for new house building – Many communities across the country are fighting plans for new housing estates imposed by councils that have to meet new five year housing targets under the reforms.”

http://www.nationalheadlines.co.uk/new-planning-minister-suggests-nimbys-have-had-their-day/420666/

A little note for the Development Management Committee

Just in case the Development Management Committee tries again to say that planning applications must be decided in 8 weeks (as it did when it rushed through the enormous Pinhoe development a little while ago) here is the definitive statement on this matter:

“Under the revised criteria, where 40% or fewer major planning applications are determined within the statutory time frame during the two-year assessment period, the LPA will be regarded as under-performing. The statutory determination period of 13 weeks must be adhered to, unless the application has involved the need for an Environmental Impact Assessment (where 16 weeks is the alternative) or any extended period was previously agreed with the applicant. There will be a limited exemption for LPAs that have decided only two major applications during the 24-month assessment period. “

Source:
http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=19353:planning-authorities-and-under-performance&catid=63&Itemid=31

When is “the public interest” not the public interest – a confusing conundrum when applied to our missing 6,000 voters

An exchange between the Chairman of the Parliamentary Constitutional Reform Committee, Graham Allen MP and the Chief Executive of the Association of Electoral Administrators on 1 May 2014 regarding Electoral Returning Officers (EROs) failing to complete house-to-house canvassing [recall it has been confirmed by Chris Ruane MP of the same committee that
EDDC’s ERO, Chief Executive Mark Williams failed to carry out house-to-house surveys in 2011, 2012 and 2013]:

Q282 Mr Turner: Are we speaking of a criminal offence or a civil offence?

John Turner: Which?

Mr Turner: The failure to do what Chris Ruane has asked should be done.

John Turner: There is a section in the Representation of the People Act 1983 that makes it a breach of official duty for a registration officer not to do that and follow the law.

Q283 Mr Turner: Does that mean a police officer would be handling that or a civil matter?
John Turner: No, it is a criminal matter, a criminal offence. It carries a penalty. I can’t recollect what it is offhand, but it is definitely a criminal offence. What I should also tell you is that I have been doing this for some long time now and I have never known anybody to be prosecuted for it.

Q284 Mr Turner: I am just wondering whether it would help if it were drawn to the attention of the local police officer.

John Turner: We go down an interesting route here. Things have happened where there have been investigations by the police—the police are only the investigating body in this sense—and it always ends up at the door of the Crown Prosecution Service and we get into matters where we start talking about public interest and decisions to prosecute. That would take us another five hours I fear, Chair, so—

Q285 Chris Ruane: Is it in the public interest to have 6 million people and the poorest people in the country off the electoral register? Is it in the public interest or not?

John Turner: That is a different question from the public interest to prosecute, but what I am saying is, in answer to your question, there is already on the statute book an offence of breach of official duty. It is certainly not within my bailiwick to decide how that should be enforced but it is there. It sits there.

See also
http://www.electoralcommission.org.uk/i-am-a/journalist/electoral-commission-media-centre/news-releases-reviews-and-research/electoral-registration-officers-must-all-conduct-house-to-house-canvassing-during-transition-to-new-electoral-registration-system

Skypark: “Improved accessibility to customers and visitors and cultural transformation!

Page 28, EDDC “Corporate Property Asset Management Plan 2014-2017

Knowle Office Relocation

Following a review of the Council’s main headquarters accommodation at the Knowle, Sidmouth, the Council have committed to the implementation of an office relocation programme. A Member Working Party has been established to oversee the programme and progress of the work of the Officer Working Group led by Richard Cohen, Deputy Chief Executive.

The key outcomes of the project will be:-

• Reduced overheads
• Improved carbon footprint
• Improved accessibility to customers and visitors
• Cultural Transformation”

Source: http://www.eastdevon.gov.uk/assetmanagementplan2014.pdf

Well, the “customers” are developers according to EDDC but as for “cultural transformation” – anyone hazard a guess as to what transformation people will have on what is currently a mostly industrial park adjacent to an airport runway!

Empty Devon County Council buildings cost thousands to maintain – some empty for 13 years

The redoubtable councillor Eileen Wragg – in so much trouble at EDDC because she has the courage of her convictions – has spoken about yet another example of waste in local government:

http://www.exeterexpressandecho.co.uk/Unjustifiable-Devon-County-Council-spends/story-21938011-detail/story.html

EDDC’s Asset Management Group meets in secret (of course) – wonder how many buildings EDDC has sitting empty or not being used appropriately?  We may never know.

Speed limit for lorries on rural roads to be increased

It does seem rather odd that, at a time when the UK government is saying it wants more independence from the EU, one of the reasons given is to bring us in line with other EU countries!

https://www.gov.uk/government/speeches/national-speed-limits-for-heavy-goods-vehicles

Would Sir John Betjeman have joined EDA?

From the poem, The Executive, by Sir John Betjeman

… I do some mild developing. The sort of place I need
Is a quiet country market town that’s rather run to seed
A luncheon and a drink or two, a little savoir faire,
I fix the Planning Officer, the Town Clerk and the Mayor.

And if some Preservationist attempts to interfere
A ‘dangerous structure’ notice from the Borough Engineer
Will settle any buildings that are standing in our way –
The modern style, sir, with respect, has really come to stay.

Sir John Betjeman

Click to access sir_john_betjeman_2004_9.pdf

Though, when he read it out aloud in 1975, as seen on this You Tube clip, the last line of the first quoted verse is “I nobble half the council, the banks, town clerk and Mayor” …!

Further comment from Paul Arnott on post below re EDDC, Devon and Cornwall Constabulary and disgraced ex-Councillor Brown

Paul Arnott here. I requested this FoI disclosure, and thank the police for their response, made on the twentieth day of the 20 allowed them in law.

I would also like to make clear that this matter ought to be cleared up quickly and if anyone is hanging under an unjust cloud their good name ought to be restored.

That said, what was most noteworthy in the police reply was the confirmation that although the Monitoring Officer made a minuted pledge to provide a joint statement on the status of any investigation absolutely none was ever made, or, it seems, attempted. (I put in an identical FoI to EDDC on this “joint statement” issue. They have two and a half hours to meet their own legal obligation to respond within 20 days)

Did anyone think this could all drift for eighteen months in silence? Did the Monitoring Officer’s boss, or the Leader, or the Cabinet, not wonder about this?

Last night, Cllr Susie Bond asked a number of clear questions about the status of this investigation. The line from the top desk was, the police haven’t told us anything … and, er ….

The other interesting detail in the police reply is about the inital, risible call to the Action Fraud hotline, which it is now confirmed by police was followed up by an EDDC call to local police, and the eventual passing of the file to a former policeman, now the Devon and Cornwall Constabulary’s Senior Fraud Investigator.

What we don’t know is if any actual complaint was ever made, or by whom, or whether there is a vital “crime number”, or whether this investigation has even been entered as an investigation in the Devon and Cornwall Police Public Sector Corruption Register – as should be the course.

Ultimately, a year and a half on, this guarded Freedom of Information response is all we have from our regional police force, of a piece with last night’s three wise monkeys routine from East Devon Council.

What we do know is that this is NOT sub judice., but to deduce that you have to read between the lines. A simple “No it isn’t” would have covererd it.

Don’t know really. Is that the cheese in my fridge going off in the hot weather, or is this growing whiff coming from somewhere else?

EDDC Monitoring Officer has never asked for police interview re disgraced ex-Councillor Brown

And the enquiry is ongoing – here is correspondence between Paul Arnott and Devon and Cornwall Constabulary on the subject, whiich was elicited by a Freedom of Information request via the whatdotheyknow website, this correspondence therefore being in the public domain:

Freedom of Information Act Request No: 3614/14

At a meeting of the East Devon District Standards Committee 14 months ago on 29th April 2013 the Monitoring Officer gave a statement in relation to Councillor Graham Brown and his comments published the previous month in the Daily Telegraph.

According to EDDC’s minutes she “advised that the matter had been referred to the Police soon after the article had been published. The issue was then, on advice from Police, directed to Action Fraud under the Bribery Act 2010 and the Council’s own Fraud, Theft and Corruption policy. Devon and Cornwall Police were continuing to look into the matter and the Monitoring Officer was currently in discussions with them about releasing a joint statement.”

According to the Devon and Cornwall Police published policy D22 Corruption in the Public Sector at point 3.1.4 “A person alleging public sector corruption will, if he/she so requests, be interviewed by an officer not below the rank of Detective Superintendent”

Please confirm the date on which the Monitoring Officer was interviewed by an officer of Detective Superintendent rank or above in relation to her report to the police.

Please provide me with any and all “joint statements” made by EDDC and D&C Police as referred to on 29th April 2013.

Please confirm that the investigation is not sub-judice.

The Crime Department and Press Office have provided the following information:

Please confirm the date on which the Monitoring Officer was interviewed by an officer of Detective Superintendent rank or above in relation to her report to the police.

N/A – No request was made by the Monitoring Officer to be interviewed by a Detective Superintendent

Please provide me with any and all “joint statements” made by EDDC and D&C Police as referred to on 29th April 2013.

No joint press statements were made by East Devon District Council and Devon & Cornwall Police

Please confirm that the investigation is not sub-judice.

A report was initially made to Action Fraud in March 2013 who declared it was not a matter with which they dealt. The allegations were subsequently reported to the local Police by the East Devon District Council who appointed a Senior Fraud Investigator to manage enquiries with regards to third party allegations. These enquiries are ongoing.

Source:
https://www.whatdotheyknow.com/request/police_protocol_d22_and_east_dev#incoming-542682

So, what DO EDDC know these days? Not much …

Here is a list of the latest Freedom of Information request subjects put to East Devon District Council – and excellent reading they make too, though most of them have yet to be answered as no doubt the poor FOI Officer is snowed under:

Hot desking
Job Descriptions for Senior Officers
Key Decisions
Monitoring Officer Report on [Ottery St Mary] meeting with Persimmon
Exmouth Masterplan
Council Tax arrears
EDDC activities in support of
Budleigh Salterton car park
Redrow Homes
East Devon Business Development Office at Heathpark

Source: https://www.whatdotheyknow.com/body/east_devon_district_council

Out with the old, in with the new …. well, sort of

Last night apparently marked the last full Council meeting to be attended by Deputy Director and Monitoring Officer, Ms Denise Lyon (who was seen to smile, chat and yawn a lot according to members of the public).

CEO Mark Williams seemed to suggest that the role of Monitoring Officer might pass to her opposite number in South Somerset, Ian Clarke, apparently as part of the sharing agreement the two councils have (where currently the only sharing is of the Chief Executive, 50/50).

Surely this is an important role that should be advertised?

Nieghbourhood Plan? Not if your local developer doesn’t like it!

A housebuilder has launched a judicial review challenge to a neighbourhood plan with the Planning Court.

In a statement Larkfleet Homes claimed that the Uppingham Neighbourhood Plan was “flawed in several areas and therefore not legally valid”.

The company added: “In particular, we feel that it is not appropriate that the process of deciding where housing should be located – known as ‘site allocation’ – should be delegated to the Uppingham Neighbourhood Plan instead of being part of the Site Allocation Policies prepared by the county council [Rutland]. Site allocations in Uppingham currently form part of the Uppingham Neighbourhood Plan prepared by Uppingham Town Council.

“We do not believe that this is an appropriate way of delivering the county council’s Core Strategy – which sets out how Rutland will meet future housing need – as the Core Strategy expressly states that the location and details of future housing development should be determined through the Site Allocation Policies.”

Larkfleet said that when it became aware that Rutland planned to hold a referendum on the neighbourhood plan, it asked the council to give an assurance that, following the referendum, it would not take any further steps to formally adopt the plan before the company’s legal challenge had been considered by the Court.

“As a result of that assurance, the council will take no further action towards adopting the neighbourhood plan pending the final determination of the legal proceedings,” the company revealed.

Source: http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=19325%3Ahousebuilder-launches-planning-court-challenge-to-neighbourhood-plan&catid=63&Itemid=31

More on EDDC v the Information Commissioner (Exeter Magistrates Court, 10 am 28 August 2014)

http://www.westernmorningnews.co.uk/Tribunal-rule-Devon-council-blocking-Sidmouth/story-21746589-detail/story.html

News from COVOP (Community Voice on Planning)

COVOP is a national grouping of local initiatives where people are unhappy about how the National Planning Policy framework is working (or rather not working). Their latest news update is below:

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.

 

A PERSONAL REFLECTION FROM THE EDA CHAIRMAN ON THE EDDC FULL COUNCIL MEETING WEDNESDAY 23RD JUNE

A vigorous evening at East Devon District Council’s Full Monthly Meeting, but I left with real sadness at a tragic lost opportunity.

Oddly, that opportunity had actually come a few weeks earlier – on the 2nd July – when the Cabinet was meant to “consider” Ray Bloxham’s proposed changes to the running of the Development Management Committee (Planning).

But sadly, three weeks ago the Cabinet members had simply nodded them through – without refinement or question or any discussion – in under ten seconds.

Things could be very different now if any one of Paul Diviani, Andrew Moulding, Ray Bloxham, Iain Chubb, David Cox, Ian Thomas, Phil Twiss, Stephanie Jones or Tom Wright had piped up and started a discussion.

As it was, they did not, and so things were ready for the rubber stamp tonight, until Independent councillors managed to force a debate. Then, it slowly dawned on the room that while a number of Conservatives were in favour of some of Ray Bloxham’s ideas, they were wholly against the element which restricted public speaking.

Ironically, one of the best speakers on this was Cabinet member, Ian Thomas – Mike Allen, too – but their problem was that it was now too late. If they’d thought on their feet and proposed an amendment to Cllr Claire Wright’s motion to delay implementation, it is likely that we could have had the best of both worlds. Some changes to Planning meetings to help hard-pressed councillors could have been made, but with the continuing protection of council tax payers’ opportunity to speak if they wish. But there was no obvious way to make such an amendment. Despite a long debate, it turned out all along that the die was cast. Undue Haste 1, Democracy 0.

Yet there had been some splendid ideas. Go back to an East and West division of planning discussions on separate committees to cut the load, for example. Or maybe some councillors could limit their own contributions to the tight three minutes under which the public have to speak at the DMC. There was a lot that could have been discussed, and seemingly a cross-party will to do so.

All it needed was the Leadership to show a lead. Alas, there was nobody up to the task.

So where does that leave us? If you are going to have up to 9 houses put up in your road, only 2 council tax payers will be allowed to speak to object. To be one of those two you will have had to write in first, then pre-register your wish to speak. For 10 to Infinity houses, or a supermarket, or even a nuclear power plant, just 5 people have the right to speak, again self-selected. And much else besides. Not good enough, and also wide open to abuse of process. Who chooses the 2, or the 5? And how?

But this report is very much my personal take on the evening and not an agreed view from the East Devon Alliance (which I currently chair). So, speaking personally, I am very unclear how the Leader of the Council judges that repeatedly insulting someone as obviously thoughtful as Cllr Claire Wright from his little podium lends dignity to his office. Cllr Douglas Hull had some wise comments to make about these insults, and on the boisterous barracking from some of the ampler councillors who did not enjoy her contribution. Tonight’s debate was essential – and without Claire Wright it would not have happened.

And speaking personally again, it is hard to fathom why the permanent officers we pay for – Messrs Williams and Cohen, and Ms Lyon – feel it is appropriate for them to chuckle, chatter and smirk when councillors are speaking. I feel some sympathy for the chairman, Graham Godbeer, a well-mannered man who is worth more than sharing a platform with such unattractive and arrogant conduct.

What can finally be said? Some hard-bitten people say you get the council you deserve. I feel it’s more nuanced than that. What is clear is that between now and May 2015 there is an opportunity to see if a fresh batch of councillors may come forward.

Will EDDC’s Skypark offices need (very expensive and unsustainable) air conditioning and triple glazing?

Exeter airport predicted current noise levels and for 2015

… The forecast daytime contours for 2015 shown in diagram 8.20 are similar in shape to those for 2006 but are slightly greater in size. This is to be expected as they assume no change in the flight routes but an increased level of activity of around 50% in aircraft movements. …

… 8.101. The running of aircraft engines at high power levels for test and maintenance purposes currently gives rise to noticeable levels of ground noise around the vicinity of the Airport and this activity has produced some complaints from local residents. …

… 8.149. Potential receptors of noise, visual and light impacts associated with the Airport’s ground operations have been identified to include nearby residential properties, commercial premises and adjacent roads. Whilst the predicted significance of these impacts is minor, landscape management can have a positive role in mitigating any negative effects. We will seek to minimise these potential impacts through sensitive site layout, screening and lighting management, also taking into account the future impacts upon the significant developments that are planned for the sites surrounding the Airport. Future planning applications will make provision for screening of airport activities.

Click to access 08-2%20Sustained%20Growth%20part%202.pdf

EDA Chairman leaves Councillor Ray Bloxham floundering to defend the indefensible on Radio Devon this morning

EDA’s Chairman Paul Arnott went head-to-head with EDDC Councillor Ray Bloxham – the originator of the idea to curtail public speaking (and who took 27 minutes to explain it at the meeting where it was first discussed) and, let’s just say that this was not Councillor Bloxham’s finest day … here is the link:

http://www.bbc.co.uk/programmes/p022jt50

Use the slider bar to go to the section 1:08:34 minutes from the beginning of the show.

Oh dear, Councillor Bloxham – wasn’t your finest day was it!

Naughty senior councillor …

Which senior councillor was the in Sidbury/Sidford area at 8.40 am this morning proceeding from Honiton towards Sidmouth and taking the notorious rat run short cut via Brooke Lane and Fry’s Lane to avoid waiting at traffic lights on the main road?

The large 4 x 4 vehicle is exactly the sort that should not be attempting to get through these narrow, quiet residential roads but this did not seem to deter the driver.

Has this senior councillor thought through what will happen when even more vehicles decide to take this rat run to avoid an industrial development at Sidford Fields?

Is this perhaps one if the reasons why he and other senior councillors who regularly use the route between Sidmouth and Honiton are so keen to move to Skypark!

CPRE launches campaign to identify brownfield sites

The Campaign to Protect Rural England (CPRE) has issued this appeal: “To help us find out how much brownfield land is available and where it is, we are launching the #WasteOfSpace campaign to raise awareness of the ‘brownfield first’ solution.

Please help us by nominating brownfield sites in your area that could be suitable for housing development in the future.

You can add your nomination to the interactive map by:

sending an email to wasteofspace@cpre.org.uk
tweeting @CPRE with the hashtag #WasteOfSpace
posting to Facebook #WasteOfSpace

All we need from you is an image of the site (as simple as a quick snap on your smartphone) and an address of the site including the postcode and street address. Just send us this and we will do the rest.

Our aim is to upload each nomination to our #WasteOfSpace map the same day it is submitted (or the next Monday if submitted at the weekend). So make sure you keep an eye out for your #WasteOfSpace nomination on the map so you can share it with your friends and family on Facebook and Twitter once it is published.”

http://www.cpre.org.uk/how-you-can-help/take-action/waste-of-space

Curtailment of public speaking: EDA Chairman head-to-head with Councillor Ray Bloxham tomorrow morning on Radio Devon

Ray Bloxham and Paul Arnott on BBC Radio Devon at 7.35 am tomorrow (Wednesday).

Tune into Matt Woodley’s BBC Radio Devon Breakfast Show between 6.30am and 9pm on Wednesday 23rd to hear a discussion on the proposals to limit speaking at East Devon Planning meetings – due to be rubber stamped that evening.

For the council, the originator of the restrictions idea, Cllr Ray Bloxham from Cranbrook, and for the East Devon Alliance, Chairman Paul Arnott from Colyton.

For late risers, the programme will be available to download later in the day.