“The great town hall property buying spree” full text

“After a career as an investment manager at HBOS, the bank that had to be bailed out by Lloyds during the financial crisis, Donna Jones became leader of Portsmouth city council in 2014. It was a time of belt-tightening, with the prospect of government funding for local authorities drying up altogether by 2020.

“It was clear to me we had to start running councils like businesses,” said the 39-year-old Conservative councillor. “To survive during the austerity programme, the only way to protect high-quality public services was to go out and generate income. We’re not moving to fortnightly bin collections or closing any libraries, swimming pools or museums.”

She has been true to her word. The council is now selling back-office facilities, such as human resources and IT support, to charities and smaller councils. It has leased the naming rights to the Spinnaker Tower, the city’s 560ft-high landmark, to Emirates airline.

Portsmouth’s local authority has also amassed a commercial property portfolio — most of it many miles away from Fratton Park football stadium, HMS Victory and Southsea Castle.

Using £110m of debt, Portsmouth has so far bought properties including a DHL distribution centre near Birmingham, a Waitrose store in Somerset and a Matalan warehouse in Swindon. In December, it sold a long lease on the Wightlink ferry terminal to the insurer Canada Life for £73m. The proceeds will be used to raise the portfolio’s size to more than £180m.

Jones said the deals were already producing £4.9m of annual income after interest. Combined with other measures, that means only £900,000 of the £9m budget cuts that Portsmouth must implement in the coming year will have to be passed on to residents through service reductions, she said.

Across England, other councils are doing the same. Empowered by the 2011 Localism Act and funded by cheap loans from an obscure subsidiary of the Treasury, 49 local authorities went on a £1.3bn property buying spree last year — spending far more than the £142m recorded in 2015.

However, there are growing concerns in the private sector and parts of Westminster that government grant cuts, coupled with generous lending by the Public Works Loan Board (PWLB), are encouraging councils to take risks they do not properly understand — in an asset class that is more volatile than many realise. Most of the property deals have been 100% funded with debt, leaving both councils and the Treasury exposed to immediate losses if values fall.

William Hill, the former head of property at the fund manager Schroders, warned in January that councils were “behaving like hedge funds exploiting a financial arbitrage”. He questioned why the government was lending to local authorities “to buy real estate on terms that make bank lending to the property sector before the [great financial crisis] look positively conservative”.

Sam Resouly, a partner at the investment firm Trinova Real Estate, said the trend had caused “distortion” in the market, with the PWLB giving councils an advantage over other bidders. He added: “If they buy 10 years’ income, they have to accept that as 10 years goes to zero, they’re going to get a rapid deterioration in the value of that asset. At some point they’re going to have to spend money to get it up to standard, and what happens to councils’ accounts then?”

One management consultant, who did not want to be named, said: “It’s hard to see why councils aren’t just the dumb money in the property market.”

The borough council of Spelthorne, a patch of the Surrey commuter belt that is home to 95,000 people, had the dubious honour of doing Britain’s biggest local authority property deal last year. It boasted of outbidding “national and international” investors to buy BP’s Sunbury office campus for £360m. The complex has been leased back to the oil major for 20 years, yet Spelthorne financed its purchase with a 50-year fixed-rate loan from the PWLB.

Although the council is paying down the loan year-by-year — unlike most other PWLB borrowers, which pay interest only — the mismatch raises the possibility that Spelthorne will be on the hook for repayments on an empty building in 20 years, when BP’s lease runs out.

Terry Collier, deputy chief executive of the authority, said it had taken out a 50-year loan because “it was just the way the financing worked best for us”.

He said BP had been on the site for 100 years, and was an important local employer, but added: “We wanted to secure a key site within the borough which was 3½ miles from [Heathrow] Terminal 5. Regardless of what BP do long term, that’s a valuable site, and we obviously did our options analysis around various scenarios.”

Spelthorne took confidence from the fact it was advised by Cushman & Wakefield, a well-known property agent. Cushman, however, is likely to have received a seven-figure fee, based on typical industry contracts, meaning it was hardly incentivised to advise against the deal.

Of the 76 council property transactions last year, 58 involved authorities buying within their own geographic area, according to a report by the consultancy CBRE. Spelthorne’s purchase added £3m a year to its annual £13m income after interest costs, but also gave the council control of what it called a “strategic” local site. Similarly, Canterbury council in Kent spent £79m on 50% of the city’s Whitefriars shopping centre, with the dual aim of generating income and improving the mall, and Surrey Heath bought up a chunk of Camberley town centre for regeneration.

There were 18 instances of councils venturing beyond their boundaries for deals, apparently driven entirely by the hunt for investment yield. Tony Martin, a director at CBRE, played down the significance of this, saying there was “only a very small number who will do it”, but the trend among the likes of Portsmouth seems to be accelerating. Some are even considering going overseas.

East Hampshire is one. It was the only authority in England to announce a council tax cut this month. The council leader, Ferris Cowper, a former director of the confectionery giant Mars, believes the authority could scrap the tax altogether within five years despite the loss of central government grants.

As well as making money selling services such as planning and regeneration advice, Cowper has built a £24m property portfolio that produces more than £2m a year after costs.

He is in the process of negotiating £200m of new loans, at least half of them from the PWLB, to ramp up East Hampshire’s activities. Those borrowings would amount to eight times East Hampshire’s annual budget of £25m. “That will be for opportunities nationally and, depending on the yield and risk profile, internationally too,” said Cowper, who plans to remain a cabinet member to oversee the strategy.

At the heart of this property boom is the PWLB, a body set up in 1793 to lend councils money for sanitation works. It now gives them access to cash from the National Loans Fund for “capital projects” — in theory, building and infrastructure — and has a balance sheet of more than £65bn.

The PWLB allows authorities to raise finance at sovereign prices: according to its website last week, £100m from the PWLB over 20 years would cost a council just 2.2% annually. The equivalent private sector rate would be 4% to 5%.

The process is surprisingly simple. Since Sir Eric Pickles, the former communities secretary, abolished the Audit Commission, councils have set their own borrowing levels based on the Chartered Institute of Public Finance’s prudential code for capital finance without close supervision by the government.

Provided a council can assure the PWLB it is operating within its limit, which is agreed every year by the cabinet and signed off by its finance director, it can borrow as much as it likes without telling the PWLB the purpose of the loan. The PWLB lends to the council without taking security over the asset.

Councils’ interest payments must be paid ahead of their other commitments, such as spending on services, although the current spread between the PWLB’s rates and property yields means they can service the debt and keep a profit.
A parliamentary report last year noted that changes to the PWLB’s early repayment charges meant that fewer councils were paying off loans early.
Henry Stannard, an associate partner at the strategy consultancy OC&C, said councils were exploiting a loophole. He suggested they were using a legal but circuitous route to “launder” money ring-fenced for capital projects into the separate part of their budgets set aside for spending on services such as adult care.

“This is not what the PWLB was set up for, and it’s not what it’s been funding for the past 200 years,” he said. “There has to be a better way of funding local government than these sorts of cheats.”

The Treasury is absorbing the PWLB and taking over its functions, although it said local authorities would “continue to be able to access loans as before”, and that interest rates would “continue to be the responsibility of the Treasury”.

For now, the multibillion- pound property gamble is set to roll on. In the words of Tony Travers, local government expert at the London School of Economics, councils’ attempts to make profits are an “intended consequence” of Downing Street’s plan to cut local authority grants by 2020 while protecting spending on defence, the NHS and pensions.

The next property market crash will test the wisdom of that policy.

Are you being served?

Councils spent £1.3bn on commercial property last year as they sought ways of generating income to make up for central government grant cuts. They are doing this with cheap loans from an arcane branch of the Treasury that is supposed to help pay for infrastructure investment.

MPs raised the alarm over the trend in November. The public accounts committee, chaired by Labour’s Meg Hillier, said the Department for Communities and Local Government appeared complacent about the risks from councils “increasingly acting as property developers and commercial landlords with the primary aim of generating income”.

The report noted that:

• councils’ spending power on services, based on government grants and council tax, fell by more than a quarter from 2010-11 to 2015-16, and is set to drop another 7.8% by 2019-20;
• councils’ spending on capital projects ­— building and infrastructure, but also property investment — rose by 13.6% from 2010-11 to 2015-16; and
• a “significant” number were already having to use more than 10% of the money meant for services to meet interest payments on debts.

The MPs said the department did “not have good enough information” on the pattern of property investment. They pointed out that three-quarters of councils’ capital spending was grouped under one category — hiding the shift from building libraries and museums to investing in office blocks and supermarkets for yield.

The Tory MP Richard Bacon questioned councils’ ability to build portfolios. “We all know plenty of examples of local authorities that could not run a bath or organise their way out of a paper bag,” he said, referring to the early 1990s interest-rate swaps fiasco in Hammersmith & Fulham, west London. The council amassed £6.2bn of risky derivatives bets and was saved only when the House of Lords ruled them void.

Last week, Moira Gibson, leader of Surrey Heath council, accused critics of “underestimating councils”. She said her authority used outside advisers, including Montagu Evans, to help run its £130m portfolio.”

Times Newspapers (paywall)

“Auditors urge government to stop ‘undeliverable’ projects”

Maybe EDDC needs to read this – a housing company with high risks, relocation prohject overspend, regeneration turning into a pig’s ear – they just don’t have the expertise or officer numbers to see these projects through to a successful conclusion – and consultants serm to make things worse not better, but with hefty bills for over-simplistic or unachievable aims.

“The government needs to drop projects it does not think it can deliver, the National Audit Office has said.

In a report published today, the spending watchdog said the civil service is being asked to manage important reforms although it has reduced in size by 26% since 2006.

The whole-life costs of projects in the government’s major projects portfolio is £405bn but departments gave themselves an average score of 2.1 out of five for their current capability in workforce planning.

Amyas Morse, head of the NAO, said although the government has plans to address skills gaps in the civil service the “scale of the challenge ahead means greater urgency is needed”.

“Government has gaps in its capability and knows it must do more to develop the skills it needs,” he said.

“Without a short-term solution to its capability gaps government must get better at planning and prioritising its activities and be prepared to stop work on those it is not confident it has the capability to deliver.”

Civil servants face increased pressures due to a rise in the number of infrastructure, capital and digital projects and the decision to leave the European Union, says Capability in the civil service.

Major projects such as nuclear plant Hinkley Point C, railway High Speed 2 and nuclear weapons deterrent Trident renewal often draw on the same pool of skills, the NAO points out.

“For example, in rail projects such as Crossrail and Thameslink, we have seen skilled civil servants performing a number of project roles or being moved to fill skills gaps for new priorities or projects,” the report says.

Departments have told the NAO they are looking for more senior leaders with specialist expertise to achieve their objectives.

They have reported a need for about 2,000 additional staff in digital roles within the next five years. Although, those responsible for the government’s digital skills believe this is an underestimate.

The report suggests the government must prioritise projects – stopping work on those it does not think it can deliver – and assess what will be needed in terms of capacity to deliver each one.

Departments need to assess the capability requirements of their ongoing operations, the spending watchdog states, and look at where they can plug capability gaps from the private sector.

The PCS union said the government’s cuts programme was behind the drop off in capability. General secretary Mar Serwotka said: “The cut first, plan later approach demanded by austerity has damaged services and left the civil service unable to cope with current workloads, let alone the major upheaval caused by the vote to leave the EU.

“While the civil service is trying to deal with Brexit, there is no let-up in the demand and need for quality public services in our communities, which is why we have said all job cuts plans must be halted immediately.”

http://www.publicfinance.co.uk/news/2017/03/auditors-urge-government-stop-undeliverable-projects

EDDC internal Auditors Report: High risk: Capital Risk Assessment

Capital Risk Assessment

page 36:

The Capital Programme does not accurately estimate the cost or timescales necessary to implement the capital projects required by the Council to deliver its corporate objectives, leading to unanticipated additional spend or delayed completion of the capital programme.”

Page 37:

As part of our sample testing, we found that three of the four projects tested did not have a risk register to manage their associated risks. Relevant risks included uncertainties in securing external funding (Seaton Workshop), delays in completion of the project (Seaton Workshop, New Feniton Flood Alleviation Scheme and Mamhead Slipway) and significant overspends (New Feniton Flood Alleviation Scheme and Mamhead Slipway.)

Without formal risk management processes in place, there is a likelihood that individual projects are not identifying risks at an early stage leading to an increased risk of projects not being completed on time or within the agreed budget.”

Page 39:

In our sample of capital projects, it was evident in speaking to staff that the Council had not anticipated the level of funding required for the Seaton Workshop project at an early stage, which may suggest that insufficient research was done to review the viability of the project prior to approval of the project/budget.

The Finance Team should consider whether evidence to support capital appraisals should be clearly documented. They should also consider implementing clear guidance on the level of initial assessment which should be required to be undertaken for capital projects if this is not clearly stated on any current policy/guidance. Any approach should be based on the level of risk and funding of the project as it was evident that some capital projects are lower in risk and value than others.

There is a risk that proposed projects are not being subject to the right level of assessment which could increase the likelihood of funding the wrong projects, and could also lead to delays and overspend to individual projects.”

Click to access 020317combinedagagenda.pdf

Oh dear.

Why employ consultants?

After the Oscars fiasco, laid firmly at the door of management consultants PriceWaterhouseCooper, the Guardian has this to say:

“These big companies and the legions of highly paid experts are supposed to be delivering measurable results, yet it seems most of what they touch runs worse than before.

So it’s worth asking what it is they are actually selling that is worth so much.

The first, obvious answer is plausible deniability. If a management wants to slash its workforce then it is obviously better that the bad news be delivered by outsiders who can be blamed later.

This evasion of responsibility may well be worth a great deal to the managers concerned, if not to the other stakeholders of the enterprise.

This motive overlaps or shades into another, more interesting one. The one thing that consultancies and even accountants are meant to deliver is objectivity – and from that springs authority, which is what they’re really selling.

Someone who comes along with an air of confident command will always find followers even if they know nothing about their subject, providing the followers are more painfully confident of their own ignorance.

The vocational education of the English ruling classes taught the art of bluffing at the speed of thought – and though this skill is indispensable at the bar, and still more in the House of Commons, unfortunately it’s not the best way to make really important decisions, as the career of David Cameron so catastrophically demonstrates. …”

https://www.theguardian.com/commentisfree/2017/feb/27/the-guardian-view-on-management-consultants-the-trick-is-confidence

Put not your trust in auditors!

“PricewaterhouseCoopers, the accountancy firm that has overseen the counting of the Oscars ballots for 83 years, has apologised for the most spectacular blunder in the history of the starry ceremony – when the award for best film was mistakenly presented to La La Land instead of the actual winner Moonlight. …

… PwC, one of the best-known accountancy firms in the world, has supervised counting the ballots, and the announcements, for the majority of Academy Awards. Its employees wait in the wings during the ceremony, passing the results to the presenters. The humiliating failure of a system that was supposed to be foolproof, checked and counterchecked repeatedly, could not have been more public – watched by Hollywood stars and millions of people across the world on television. …”

https://www.theguardian.com/film/2017/feb/27/pricewaterhousecoopers-issues-sincere-apology-for-oscars-blunder

Audit and Governance – internal audit appears to be not too happy with governance

“… In our sample of capital projects, it was evident in speaking to staff that the Council had not anticipated the level of funding required for the Seaton Workshop project at an early stage, which may suggest that insufficient research was done to review the viability of the project prior to approval of the project/budget.

The Finance Team should consider whether evidence to support capital appraisals should be clearly documented. They should also consider implementing clear guidance on the level of initial assessment which should be required to be undertaken for capital projects if this is not clearly stated on any current policy/guidance. Any approach should be based on the level of risk and funding of the project as it was evident that some capital projects are lower in risk and value than others.

There is a risk that proposed projects are not being subject to the right level of assessment which could increase the likelihood of funding the wrong projects, and could also lead to delays and overspend to individual projects.”

Click to access 020317combinedagagenda.pdf

Cranbrook-another broken promise, this time allotment provision

An FAQ produced by the town council.

Summary: We were supposed to have them, developers won’t give up any land so we have no idea if we will ever get them even though we have a statutory duty to provide them.

Developers 1, Town Council 0

Take particular note of the answer to Question 2. Cynical Owl wonders if other Section 106 community benefits are triggered at this point and developers are dragging their feet about effective counting.

EDW-watchers will recall that almost £700,000 of such benefits was not triggered due to poor record-keeping on the part of EDDC and the need to rely on developers to tell EDDC when trigger points are reached. And most of that figure related to Cranbrook.

“1) When I moved in two years ago, the salesperson said there would be allotments in Phase 1?

We are afraid that was incorrect but we can see how the confusion arose. To set the record straight, although Cranbrook was always going to have allotments, the land originally set aside for them was not in Phase 1 but was part of the Sports Pitch land on Phase 2. This location was subsequently challenged as it was thought that adjacent to sports pitches was an unsuitable place for them. It was therefore decided to try to find an alternative location. This prompted a renegotiation of the original legal agreement. The revised agreement will still make provision for allotments in Cranbrook but a new location needs to be found (see also 2 below).

2) The Town Council’s website says one of its responsibilities is providing allotments, so why haven’t we got any yet and when are they coming?

Not only do they require a suitable location (see 1 above) a numerical trigger also needs to be reached before the work can begin. There are two stages to this process. Firstly, when approaching 1500 homes are occupied (i.e. not just built), the Owners (in this case the Consortium) are required to identify and gain planning permission for a location. Secondly, the Owners must, “use reasonable endeavours to complete the Allotments by the First Occupation of the 2000th Dwelling in accordance with the Allotments Specification and Delivery Programme and make them available for use as soon as practicable thereafter.” (extract from Section 106 agreement). Surprisingly, although there are many more new houses being built on Phase 2, we have been informed by East Devon District Council that Cranbrook still hasn’t quite reached the 1500 homes occupied figure.

3) So, where will the Cranbrook allotments actually go?

We regret we don’t have any information as yet about where they will be located but we are keeping a watching brief and will inform residents as soon as we have any new information.

4) I’ve heard the Town Council has a list of people who are interested in having an allotment, so can I join that?

Yes, we are keeping a list, so that when the allotments do become available they can be allocated fairly to people who have declared an interest. We currently have 13 names on the list. Please feel free to contact us on office@cranbrooktowncouncil.gov.uk or 01404 514552 if you would like to be added.”

Click to access FAQ-Allotments-Green-Spaces.pdf

EDDC budget projection showed £2 million deficit by 2020

“Members have been presented with the MTFP estimates showing a budget deficit in the order of £1.9m by 2021/22; however £0.792m of this has now been addressed in producing a balanced budget for 2017/18. The position indicates a gap between what the Council is spending and the resources it will have available to it.”

Is the £0.792 partly the missing Section 106 payments overlooked over the last few years?

Click to access 180117-joint-overview-scrutiny-agenda-combined.pdf

“Brexit negotiations will fire the starting gun on the decade – so understanding these changes key for negotiations”

New IPPR report shows an accelerating wave of economic, social and technological change will reshape 2020s Britain

In a landmark report, leading think tank the IPPR has analysed factors shaping the UK up to 2030. It sets out the choices that must be made now if these changes are to lead to a fairer and more equal society.
The report highlights key facts that will change the way we live in the 2020s:

As the population grows, the UK is set to age sharply and become increasingly diverse. The 65+ age group will grow by 33% by 2030.

The global economy and the institutions that govern it will come under intense pressure as the Global South rises in economic and political importance.

Half of all large companies will be based in emerging markets;

Due to demographic trends, a structural deficit is likely to re-emerge by the mid-2020s, with adult social care funding gap is expected to hit £13 billion – 62% of the expected budget – in 2030/31;

Up to two-thirds of current jobs – 15 million – are at risk of automation.

These changes in technology have the potential to create an era of widespread abundance, or a second machine age that radically concentrates economic power;

The income of high-income households is forecast to rise 11 times faster than for low income households in the 2020s;

Climate change, biodiversity degradation, and resource depletion mean we will increasingly run up against the limits of the physical capacity of the Earth’s natural systems;

The UK has the richest region in Northern Europe but also 9 of the 10 poorest regions.

Mathew Lawrence, IPPR research fellow and report author said:

“By 2030, the effects of Brexit combined with a wave of economic, social and technological change will reshape the UK, in often quite radical ways.

“In the face of this, a politics of nostalgia, institutional conservatism and a rear guard defence of the institutions of 20th century social democracy will be inadequate.

For progressives, such a strategy will not be robust enough to mitigate against growing insecurity, ambitious enough to reform Britain’s economic model, nor sufficiently innovative to deliver deeper social and political transformation. They would be left defending sand castles against the tide of history.

Britain’s progressives should be ambitious, seeking to shape the direction of technological and social change. We must build a ‘high energy’ democracy that accelerates meaningful democratic experimentation at a national, city and local level, and also in the marketplace by increasing everyone’s say over corporate governance, ownership and power.”

http://www.ippr.org/news-and-media/press-releases/new-ippr-report-shows-an-accelerating-wave-of-economic-social-and-technological-change-will-reshape-2020s-britain

The full report is here:

Click to access future-proof_Dec2016.pdf

Heart of the South West LEP: where is OUR money going now?

It appears that the “Heart of the South West LEP is dead in the water now that three of its original members have refused to continue to back it and instead are considering their own grouping – the south-west “Golden Triangle” LEP.

Which brings us to that age-old concern: the money. Where did the HOTSW LEP money come from, where was it spent and now, more importantly, what is happening to it now that several big players – who originally underwrote it – have pulled out?

How do we find out [what little there is] – where is the paper trail and where does its “accountability” reside?

This correspondence with the National Audit Office gives some clues:

[Concerns have been raised] about lack of transparency around contracts and spending.

As part of the assurance framework each local enterprise partnership has a nominated local authority that acts as its accountable body, and Somerset County Council (the Council) is the accountable body for the Heart of the South West LEP.

You could therefore consider bringing the matters to the attention of the Council themselves.

Alternatively you may wish to consider bringing the matters to the attention of the Councils external auditor. For this Council, the appointed auditor is Grant Thornton UK LLP.

The engagement lead for the audit is Peter Barber, who can be contacted at peter.a.berber@uk.gt.com or on 0117 305 7897. You should be aware, however, that the NAO has no powers to direct the auditor take further action, as that is a matter of professional judgement to be exercised by the external auditor themselves.

If you are a local elector for the [Somerset?] Council, you also have rights in relation to inspecting and objecting to the Councils accounts, if you feel this appropriate. The NAO has produced Council accounts: A guide to your rights, which sets out these rights in more detail. The guide can be accessed from the link or from our website home page”.”

Council tax payers of Somerset – arise. You, and we, surely have many questions of the council (or better still its external auditors) as to where your (Somerset) and our (Devon and, in particular for us, East Devon) money is going now that the HOTSW LEP has had at least one of its legs cut off.

Have its fingers been cut off? Is the till snapped shut and locked?

Unlikely.

East Devon Alliance: EDDC relocation “at any cost”

“East Devon District Council (EDDC) is leaving Sidmouth for new premises in Honiton and a renovated Exmouth Town Hall.

The latter is now vacant, but it will need work including a new boiler, rewiring and the removal of asbestos – renovations now estimated at £1,669,000, up from £1million in March 2015. [Mostly caused by EDDC doing their estimates and announcing projected estimated costs before commissioning a full structural survey which revealed nuerous expensive essential upgrades such as wiring, heating and insulation]

EDDC cabinet members last week agreed to accelerate the refurbishment so some key staff can relocate as early as November 2017.

Councillor Cathy Gardner told the Herald: “This truly is relocation at any price, because council tax payers will pick up the bill.”

The cabinet meeting heard that a new planning application to redevelop EDDC’s current HQ Knowle could be six months away or more after it refused PegasusLife’s bid for a 113-home retirement community earlier this month. The developer is yet to reveal if it will appeal the decision but the £7.5million it offered was intended to help fund the authority’s £9.2million [at the last estimate] relocation project.

Cllr Gardner said the project was initially sold to councillors as ‘cost neutral’ but is now costing taxpayers ‘over £2million and counting’ and cash will have to be borrowed. [This does not take into account building new offices for the EDDC Estates Department at Sidmouth’s Manstone Depot]

She added: “Proceeding with the refurbishment of Exmouth Town Hall weakens the bargaining position of the council with any purchaser of the Knowle – they know that the council is desperate to secure a sale.

“The cabinet approved this extra cost for Exmouth Town Hall without seeing an up-to-date report on the budget for the project overall. They have approved an increase in ignorance of the total costs.”

An EDDC spokeswoman said: “The council remains committed to relocating the rest of its staff into fit-for-purpose offices as soon as possible, despite the recent planning application for Knowle being rejected. The current budget and income projections for the overall project – taking into account both Exmouth and Heathpark – remain balanced. The council has a continued and reasonable expectation that relocation from Knowle will show significant savings compared to remaining in Sidmouth.

“The financial case will be tested again, as it was in March 2015 when the council decided to relocate.”

The decision was ratified at a full council meeting on Wednesday.”

http://www.eastdevonalliance.org.uk/in-the-press/20161228/sidmouth-herald-claims-eddc-is-relocating-from-sidmouth-at-any-cost/

AONB – pah, build, build, build!

“A loophole in planning rules is allowing developers to build housing estates in England’s finest countryside.

Ministers are waving through applications for Areas of Outstanding Natural Beauty (AONB) despite promising to protect them.

The High Weald in Sussex, the North Wessex Downs and the Cotswolds are among the protected areas being built on.

Six hundred homes, a hospice and a school were approved last month near Pease Pottage in the High Weald despite objections from Natural England, the government’s advisory body on protecting the natural environment.

Campaigners said that the rules were being swept aside in the rush to meet housing targets. Ministers are threatening councils with a “presumption” in favour of development unless they allocate enough land.”

http://www.thetimes.co.uk/article/protected-beauty-spots-are-sacrificed-to-build-houses-tw2jjrk5r

Recall that, when EDDC dragged out its Local Plan process for years and years (abandoning the first secret attempts run by Councillors Brown and Skinner and starting again) developers had a free run in East Devon.

Should we find that we do NOT have a 5 year land supply when the Local Plan comes up for review (due every 5 years so we should be starting now) then, presumably, that will happen all over again.

Recently (November 2016) EDDC brought up the idea of external auditors being consultants for the review, but the auditors themselves quickly pointed out that they had no experience in such projects and it should be led by an organisation with proper expertise:

“Problem (page 134 of agenda papers):
“Undertake a Review of the process for writing the Local Plan in future”

The solution
“A meeting has been held with our external auditors to scope out this review but it was quickly determined that they are not the right people to undertake this review due to their lack of knowledge of the plan making process. Other options including using the Planning Advisory Service (PAS) are now being pursued.”

Click to access 241116-scrutiny-agenda-combined.pdf

Things seem to have gone quiet again since then, with no public announcement of a new consulting organisation.

Questions: Shouldn’t external auditors anyway be at “arms length” from council business? Which bright spark thought of offering them the job?

A relocation cost swept under the carpet?

A planning application for brand new offices at EDDC’s Manstone Depot turns out to be brand new accommodation for the Estates department. EDDC will now have new or refurbished offices in Exmouth, Honiton and Sidmouth.

Surely this is yet another relocation cost and likely to go over budget, just like every other project this year – some of which have been 70-100% over budget.

Tory councillors refuse spending scrutiny role and trust (vastly overspent) officers

East Devon Alliance and other Independent councillors show their mettle – Tories show their inadequacy.

There was a distinct lack of seasonal goodwill last night at the full meeting of East Devon District Council which was well attended by the public.

Four speakers from Exmouth lambasted the council for the mega-shambles emerging over the development of Queen’s Drive.

There was anger that the wishes of local people for a town centre upgrade and a modest refurbishment of the seafront had been ignored. Replaced, without consultation, by a grandiose council project to commercialise the seafront with shops, a cinema and blocks of flats.

Two Sidmouth residents kept up the pressure. One questioned the financial competence of the Council with relocation costs spiralling: £600,000 more for Exmouth Town Hall, £400,000 more for Knowle.

Another asked the Chief Executive to warn planning committee councillors against bias in favour of any future application to develop the Knowle because it would advance the relocation project. This seemed to have happened at the December 6th DMC meeting, but the CEO was unconcerned.

When councillors came to quiz council leaders it was noticeable that not a single Conservative asked a question.

But there was a barrage from Independents and Lib Dems. The refrain was that the leadership never gave straight answers to questions about its accounting for public money; it was incompetent in keeping costs under control, and it kept councillors in the dark about what was happening.

East Devon Alliance Independent councillor Megan Armstrong prised out of Philip Skinner, Exmouth “regeneration” portfolio holder, the admission that there would be no independent public consultation on Queen’s Drive which over 4000 Exmouthians had voted for in a Town Poll.

Nonetheless, EDDC would be spending over £60000 to get renewed planning permission for the development.

East Devon Alliance Independent Councillor Cathy Gardner grew increasingly frustrated at Leader Paul Diviani’s failure to answer questions. Why was the contact with Pegasus life for the sale of the Knowle kept secret? Why was the project manager of the Queen’s Drive affair not sacked for “ineptitude”? And what action would be taken against the same officer who had publicly expressed personal frustration at the refusal of the Pegasus Life planning application for the Knowle?

Eileen Wragg (Lib Dem) questioned where the £3million to move the roadway in Queen’s Drive was coming from. She knew that County did not have funds ear-marked. The Chief Executive admitted that applications had gone out for funding, but nothing had been agreed yet.

Rob Longhurst (Independent) said the leadership seemed to think £600000 more on Exmouth Town Hall was “small money” that didn’t require detailed accounting. “I like to see numbers”, he added. Support came from fellow independent Roger Giles who quoted an earlier Council Leader Peter Halse who said when it came to costings it was not good enough for the council leaders to say “Just trust us”.

Finally, Cllr Longhurst, seconded by Independent Ben Ingham, proposed an amendment that councillors should be updated every six months with detailed costings of the council’s projects.

“Unnecessary!” chorused a succession of Tory councillors. They said leave it to the internal auditors Southwest Audit Partnership, forgetting, perhaps, that SWAP was strongly criticised in 2013 for an “anodyne” report on the governance implications of the Graham Brown affair which suggested it was in too cosy a relationship with Council leaders.

A vote on the amendment was lost with 30 Tory councillors voting in a block against it.

Bleating sounds could be heard coming from a member of the public!

EDDC expenditure on consultants and agency staff2015/16 almost £2 million

Consultants £1,430,867
Agency staff £477,119

Total £1,907,986

A full list of payees appears with the appendix. Relocation supremo Steve Pratten (Aecom) takes up a large chunk.

But what is the £11,000 paid to Monitoring Officer and Legal Officer Henry Gordon-Lennox as “Legal Services Retainer”? Surely he is not employed by an agency?

Click to access item-10-consultants-fees-with-appendices.pdf

Riddle: if it costs £1.95m to turn a small library into a community hub how much for Exmouth Town Hall refurbishment?

“Topsham Library is set to be converted into a multi-purpose community hub for Estuary League of Friends after the group was awarded a

£778,100 grant.

The charity, which works to improve the quality of life for the vulnerable in and around Topsham, has raised 85 per cent of the

£1.95million needed

to fund the development after receiving the grant from the Big Lottery Fund. …

… Estuary League of Friends’ home will be converted into a two-storey complex with a day room, community café and kitchens, fitness rooms, improved library facilities along with other rooms.”

http://www.exmouthjournal.co.uk/news/778_000_to_turn_library_into_community_hub_1_4821439

Is Mr Cohen up to his job?

Richard Cohen has not had a good year (well, actually he has, as he remains Deputy CEO and Relocation Manager for EDDC).

He came under fire last week for saying (twice) that the DMC had “stymied” relocation plans – though actually if anyone stymied anything it was PegasusLife putting in a planning application that was unfit for purpose.

Just so show this wasn’t a one-off, let us remind ourselves of this is transcript of part of a speech by a well-known Sidmouth businessman with experience of property development, made at a Sid Vale Association Meeting at the Unitarian Church, Sidmouth, 9th December 2014.

The speech begins with a discussion of Cohen’s estimate of total relocation costs at about £10 million.

“The numbers are completely, hopelessly and scandalously wrong. They are useless, they are terrible and have to be challenged vigorously and strenuously. These numbers are rubbish. They don’t include the green travel plan, they don’t include compensation for the staff, they don’t include the cost of the move itself, they don’t include the costs of hubs the other towns and, most importantly, they don’t include the cost of officer time and members time that is involved in all of this.

The expert, Mr Steve Pratten from Davis Langdon, he is going to cost £1million or more on his own. It doesn’t include the legal costs in all this. I say to the District Council that I have estimated the real costs to be £20million. That figure was not disputed – Richard Cohen did not say it was exaggerated – he said he didn’t recognize the number. What that means is that I was bang on the money.

Ladies and gentlemen, we are trusting Richard Cohen to mastermind this whole process and we are assuming that he’s accurate in the mathematical calculations. This is the same man who measured the Knowle 40% smaller than it turned out to be! He got it wrong by 40%. Robin Fuller had to write a paper, he was rubbished in the press and it turned out that he was correct. The Knowle is 40% bigger than Richard Cohen thought it was.

This is the same man who was responsible for four attempts to compose the economic impact assessments rejected by his own planning committee. He can’t get simple mathematics right. This same man tells us that energy prices are going to go ahead for the next 20 years at 10% over inflation. He is alone in the entire world in thinking this. Nobody else believes that including your energy companies who will fix your energy costs for the next four years. That instantly takes £1.5million out of all the savings that are supposed to be made by moving, so he hasn’t even bothered to explore that possibility.

He is also the man who shifted the southern boundary of the Knowle to include the second tier of parkland without telling anybody and in contradiction to the specific instructions of the Development Management Committee. I was told this would not be investigated because the Inspector would look at it, which he would not do because it was not in his remit. So that has never been investigated by anybody at the Knowle.

He did it without managing to record that process; without managing to record any conversation with any individual, without writing a single email, or keeping a single note or sending any kind of correspondence to any third party. Because I made a freedom of information request, and there was nothing there.

He did it unilaterally, on his own, secretly, and he didn’t tell a single soul, and I only found out by accident.

This is not the kind of person I would trust to do these calculations. Now when he says it is going to cost £15.9million to refurbish the Knowle, I would tell him that that’s a load of bunkum. This relates to the entire building, which nobody advocates retaining. Why is anybody working in a bathroom when the Knowle is two and a half times the size of the building EDDC says it needs? How can that be possible? Mr Cohen in his calculations also asserts that there is nil chance, not 1% chance of local government reform in the next 20 years.”

Tell EDDC what you want Section 106 money spent on so they can ignore you and spend it on what they want!

That is, of course, if they can be bothered to collect the money ( at least £200,000 due but not invoiced when external auditors KPMG did a spot check recently:)

“New document sets out what contributions will be required for roads, affordable housing, schools and play areas

Residents are being invited to have their say on how East Devon District Council (EDDC) will require developers to pay towards infrastructure such as roads, affordable housing, schools and play areas in the future.

The new Planning Obligations Supplementary Planning Document sets out what contributions will be required for, when they will be required and how much they are likely to be.

EDDC deputy leader Councillor Andrew Moulding said: “The document applies to a large range of people from major housebuilders to individual house owners who may want to develop part of their garden.”

To comment, email localplan@eastdevon.gov.uk by January 16.

http://www.exmouthjournal.co.uk/news/east_devon_residents_invited_to_have_a_say_on_how_developer_cash_is_spent_1_4819414

Officers of the council are neutral – aren’t they?

Update: it seems that Mr Cohen does not think that the word “stymied” indicated a lack of neutrality on his part. We leave that to readers to decide. Owl only adds that Mr Cohen was appointed to lead regeneration AND relocation – so it is hardly surprising that any interference with either of those roles is difficult for him to handle.

However, fortunately, help is at hand for him in the shape of EDDC’s own Constitution, where, on page 212, it states:

“39. Officers have a contractual and legal duty to be impartial. They must not allow their professional judgment and advice to be influenced by their own personal views”

Click to access constitution-july-2016-web-version.pdf

Owl – always happy to help and advise.

As expected last night’s EDDC Cabinet meeting unanimously rubber stamped the decision to raise another half million or so of taxpayers’ money to fund the refurbishment of Exmouth Town Hall as part of their Relocation Plan.

But, in an extraordinary outburst, Deputy CEO Richard Cohen, in charge of relocation, made a scathing attack on last week’s Development Management Committee’s decision to refuse planning permission for Pegasus Life’s application to develop 113 “assisted living” apartments on the Knowle.

He said the Council’s “commitment” to sell its HQ had been “stymied by a decision of the committee, (taken) purely about planning” (sic!) It hadn’t considered “the future of the Council, nor the independently proven savings” of relocation but made its decision “only because of heights (of buildings), a listed curiosity and arguments about care provision.”

So much for the myth that EDDC leaders, pursuing the relocation agenda, will allow the planning committee to serenely make its decisions on planning grounds alone, and won’t try to pressure it!

East Devon Alliance councillor Cathy Gardner was shocked, and said it was “inappropriate” for a council officer to criticise a planning committee in such a way.

But then Richard Cohen has form when it comes to arrogance and a cavalier attitude to convention. He handled the Council’s appeal in 2014 against the Information Commissioner’s call to publish documents about secret aspects of relocation. The Tribunal described the Council’s failure to cooperate properly and its economies with the truth as “discourteous and unhelpful”.

Knowle relocation: our construction expert writes … another £2 million down the drain?

The tender price index for British construction has risen 15% since EDDC announced the cost of the Honiton new build in March 2015.

Yet EDDC claim that the £669,000 increase in the cost of Exmouth can be absorbed within the overall budget of £9.2 million. We know that Exmouth was budgeted to cost £1 million, so the budget for Honiton was £8.2 million. We know that Exmouth has been subject to a 67% increase.

What can we expect for Honiton? Assuming that the costs will rise in line with the tender price index, the new cost will be £8.2 million, plus 15%. Which means another £1.23 million, totalling £9.43 million. It will, of course, probably go a lot higher.

Costs have therefore risen by £2 million since March 2015, but anticipated receipts from the sale of Knowle are unchanged. We appear to have lost £2 million – and we haven’t even started!

Will any of this figure in the debate? Probably not – our Tory councillors don’t enjoy discussing numbers that they don’t like!