Greendale Business Centre: FWS Carter and Sons application fails at the High Court

PRESS RELEASE:

“After 3 years challenging the planning system, Greendale Business Park owners are required to return an area back to Agricultural use.

It may have taken 3 years but finally the Planning Department at East Devon District Council (EDDC) has succeeded in winning a long running planning and legal challenge.

It was the 8th Feb 2015 when earth moving and general building works were first reported to EDDC Enforcement Officers by neighbours of Greendale Business Park. This was on a 3.5Ha site, east of the existing permitted development area at the Business Park near the village of Woodbury Salterton.

Following investigation, the Local Planning Authority (EDDC) served an Enforcement Notice to the owners FWS Carter and Sons, but they chose to ignore the notice and carried on developing the site at “their own risk”.

A planning application was submitted nine months later (06/11/2015 15/2592/MOUT) but the development was considered to lie outside the agreed development area for Greendale Business Park and it was refused by EDDC. A second attempt was made with a similar proposal split into 2 separate planning applications the following December but this was also refused (06/12/2016 16/2597/FUL and 16/2598/MFUL).

The Local Planning Authority then issued the owners with an Enforcement Notice, requesting the removal of the industrial concrete hardstanding, fences, buildings and the return of the land to agricultural use. The company then appealed to the Government’s Planning Inspectorate in March 2017 for the decision to be revoked.

on Dec 7th, 2017 the Inspector found in favour of the Local Authority and upheld their enforcement decision, but within days the Company lodged an appeal with the High Court. Last week 08/02/2018 the Judge ruled that there was no case to answer and therefore the decision by the Local Authority was upheld and costs of £3998 was set against the applicants, FWS Carter and Sons.

The Company now has 6 months to remove all industrial activity and return the land to agricultural use. This work will be monitored very closely

Another section of the Business Park (an area approximately 1Ha) south of the Greendale Business Park and just off Hogsbrook Lane, has also been developed without planning consent. The owners FWS Carter and Sons claimed in Oct 2017 that this land has been in “unlawful” industrial use for more than 10 years and they applied for a little-known planning regulation loophole known as a “Certificate of Lawfulness ” (17/2441/CPE) to enable the area to continue to be used without requiring further planning approval.

However, the Local Planning Authority followed Legal Advice and concluded that the land had not been used “unlawfully” for 10 years because there was lawful permitted development with a gas pipeline contractor occupying the site for 3 years. Because of this, the Certificate of Lawfulness was refused and it is expected that an Enforcement Notice will be served on the Company for this breach of planning shortly.

Councillor Geoff Jung, EDDC Ward Councillor for Raleigh Ward which includes Greendale Business Park says, “It is a great shame that the Company started to develop this area prior to any planning permission being in place. The efforts and costs incurred by the company in developing the site, including the cost of architects, planning consultants, barristers, solicitors, court costs, contractors’ costs and everyone’s time has all been wasted.”

“Add to that the considerable costs to the local authorities` planning, enforcement and legal teams in endeavouring to provide a sound and fair case.”

“It’s quite clear the Planning System has moved on enormously in the last 15 years, with much more openness and clarity, mainly down to modern technology. Planning applications and official documents are now open to scrutiny at the touch of a button and can be viewed without leaving your house.”

“Previously documents were available only at District and Town Halls, for interested parties to view but now the internet and Local Authority Planning Portals provide everyone with a better understanding of the planning regulations and legal issues involved.”

“I look forward to the day when all developers will follow the normal planning procedures and not proceed in such a cavalier way. This may have been the way it was done in the past but its proving much more difficult now.”

“I would like to thank the many local people who have frequently written to the Planning Authority to comment whenever it was required, as well as the Planning and Legal Team at East Devon District Council who ensured that the Planning Regulations were correctly upheld”

Exmouth: Queen’s Drive “sinkhole”

Picture:  Exmouth Journal

The Bible says:

“Everyone therefore who hears these words of mine, and does them, I will liken him to a wise man, who built his house on a rock. The rain came down, the floods came, and the winds blew, and beat on that house; and it didn’t fall, for it was founded on the rock. Everyone who hears these words of mine, and doesn’t do them will be like a foolish man, who built his house on the sand. The rain came down, the floods came, and the winds blew, and beat on that house; and it fell—and great was its fall.”

— Matthew 7:24–27, World English Bible

[Clinton Devon Estates] “Fence in Budleigh Salterton is branded ‘an abomination’ “


Picture: Sidmouth Herald

 

Owl says: check every word and letter of that do ument that promises ‘greater security’ for your what is left of your garden League of Friends – not to mention that of your building should the Hub not be successful …!

“A ‘substantial’ fence – around 6ft high and 100ft long – is causing uproar in Budleigh Salterton.

Residents are angry that it has gone up and a town councillor has described it as ‘an abomination’.

The fence has been erected by Clinton Devon Estates (CDE) on land that it owns and leases to the Budleigh Salterton Hospital League of Friends on an annual basis.

Running across the former Hospital Gardens opposite the new Community Health Hub in Boucher Road, it marks the boundary of the new hub garden and land that CDE has earmarked for development.

Last September, CDE had its outline application – for means of access, proposing two houses to be built on half of the land east of East Budleigh Road – rejected at appeal by East Devon District Council (EDDC).

Now, it appears, it may make a fresh application.

“We are in discussion with the league of friends to agree a more secure long-term lease to provide the hub with a generous, tranquil garden with mature trees on approximately half of the site,” said a CDE spokesperson.

“This will provide easy access for all ages using the hub, as well as an attractive outlook from the building itself.

“We have recently put up fencing to mark the boundary of the new hub garden and any proposals we may have in the future for the remainder of our land at Boucher Road will go through all the required processes and approvals.”

David Evans, chairman of Budleigh Salterton Hospital League of Friends, said: “There is no doubt that our local community will be very disappointed at the erection of a substantial dividing fence down the middle of the greatly-valued hospital garden.”

However, he said the new lease would give ‘greater security’ than before.

“Whilst the league of friends would ideally have preferred to have been able to make use of the whole garden, it has been able to secure long-term access to a valuable and useful green area for the benefit of many,” said Mr Evans.

Councillor Courtney Richards – speaking at a town council planning meeting on Monday – said his phone had been ‘buzzing’ with complaints about the fence.

“I don’t know if Clinton Devon are having a fit of pique, but they are really emphasising that ‘this is ours’,” he said. “There’s very little as a council we can do about it, which is a shame because it borders straight onto a piece of land that’s designated in the Neighbood Plan as an open green space.

“Frankly, I think it’s an abomination, but that’s Clinton Devon’s latest attempt to improve Budleigh Salterton – he said, with his tongue firmly in his cheek.”

http://www.exmouthjournal.co.uk/news/fence-in-budleigh-salterton-is-branded-an-abomination-1-5398384%5B

Auditers – what are the good for? Papering over cracks?

“Carillion’s investors fled the failing company as it headed for disaster, according to MPs.

The construction firm’s annual reports were a worthless guide to its financial health and raise major questions about corporate governance, the MPs say.

The comments come in a joint report published on Monday by the Work and Pensions and Business committees.

Carillion’s former auditor, KPMG, will be questioned by MPs on Thursday.
Britain’s second largest construction company collapsed last month, with the loss of almost 1,000 jobs. There were also job cuts and widespread disruption among sub-contractors. …

… Frank Field, chairman of the Work and Pensions Committee, said there was a “disconnect” between what Carillion directors told MPs and the information from shareholders.

“On one hand, the Carillion directors told us all was sunny” until a major contract in Qatar went wrong.

“On the other hand, investors were fleeing for the hills, and it appears those who looked closest ran fastest,” Mr Field said.

It has emerged that one leading investor – Kiltearn Partners – considered suing Carillion. …

Rachel Reeves, who chairs the Business Committee, said: “Investors spotted that Carillion was heading for disaster and fled.

“The company had unsustainably high levels of debt, weak cash-generation and was saddled with a widening pensions Rachel Reeves, who chairs the Business Committee, said: “Investors spotted that Carillion was heading for disaster and fled.

“The company had unsustainably high levels of debt, weak cash-generation and was saddled with a widening pensions deficit.

Carillion’s annual reports were worthless as a guide to the true financial health of the company.”

She said the fact that it was impossible to get a true sense of Carillion’s financial health “raises serious” corporate governance issues.

“KMPG will have to explain why they signed-off on accounts which appeared to bear so little relation to reality,” Ms Reeves said. …

http://www.bbc.co.uk/news/business-43107500

“Persimmon increases freehold sales after Government pressure”

Persimmon – whose boss got a £110 million bonus. And note the headline doesn’5 say “stops” leasehold sales of houses … Why isn’t this illegal?

“Persimmon has upped the number of homes it is selling freehold in a sign it is bowing to Government pressure over the sale of leasehold properties.

The company is understood to have changed its sales tactics on a number of sites where it is currently developing homes after concerns were raised about the potential for third party firms to buy up tranches of freeholds, and the high cost of ground rents.

Homes being sold at a development in Melksham, Wiltshire, where a four bedroom house is available for £234,995, are now being offered freehold, where previously only a leasehold sale had been available. Other sites in Penrith, Crewe, Crawley and Bracknell are also now being marketed for freehold sales.

Persimmon, which builds around 15,000 new homes each year, has come under fire for selling houses on leasehold terms to then hold onto the freehold for future sale as an extra source of income. Some leasehold homeowners found themselves on punitive terms with rapidly increasing ground rents and extra charges, or facing spiralling costs to buy the freehold at a later date. There are around 1.4 million leasehold households in the UK in total. …”

http://www.telegraph.co.uk/business/2018/02/18/persimmon-increases-freehold-sales-government-pressure/

Gentrification and brownfield New York style

6pm today, BBC 2:

“Ade heads to Harlem and meets residents who are benefiting and suffering at the hands of gentrification. Ant is at Hudson Yards on the west side of Manhattan where an entirely new district is being built on top of a functioning rail depot.”