“Fire stations may need to be moved due to new housing developments” [including Cranbrook]

Owl says: does this mean ambulance stations, schools and doctors’ surgeries may now be in the wrong places?

“New housing developments across Devon and Somerset may mean a rethink of where fire stations are needed.

There are currently 85 fire stations across the two counties, but the stations are aligned to standards of fire cover from the late 1940s and are not reflective of the current and future demographics of the two counties.

Assistant chief fire officer Peter Bond, director of service improvement, told fire authority members on Monday morning that its risk mapping graphs showed that in the great majority of cases, the authority has a lot of good cover and high risk areas are within the targeted 10 minute response time.

But he added: “It is pleasing to see and that we have our resources in the right place. But there will be some developments in Devon and Somerset, such as Cranbrook, Sherford, Taunton Garden Town, and other towns that as they expand, will sit outside the existing 10 minute response zone.”

https://www.devonlive.com/news/devon-news/fire-stations-need-moved-due-2135030

“Landowners to be forced to sacrifice profits for more affordable houses, under plans expected to be unveiled in budget”

Owl says: Oh, the poor, poor darlings! We must set up a charity or a crowdfunding page for them. We could make the aim of the charity “To unite Tory developer donors to pressurise government to create other ways of making obscene profits”.

“Councils would be able to strip landowners of large portions of profits from the sale of their land, under proposals expected to be unveiled in the Budget, The Sunday Telegraph can disclose.

An official review commissioned by Philip Hammond, the Chancellor, is to endorse controversial calls for the state to “capture” more of the increase in value of sites when they are granted planning permission.

Sir Oliver Letwin, the former minister carrying out the review, is expected to recommend that local authorities should be able to seize greater amounts of landowners’ profits in order to fund the construction of local infrastructure such as roads and affordable homes. …”

https://www.telegraph.co.uk/news/2018/10/20/landowners-forced-sacrifice-profits-affordable-houses-plans/

“We need ‘a steady supply’ of new homes in our National Parks, says Michael Gove adviser”

First they came for the green field sites, then they came for the green belt, then they came for the national parks … and by renaming AONBS they came for them too ….. The developer lobby has now come for everything.

Sit back and watch those developers get even richer … while those who need affordable (TRULY AFFORDABLE) housing get shafted again.

“People living in the countryside have to accept a “steady supply” of new homes need to be built in National Parks, the Government adviser in charge of a major review has said.

Julian Glover, who is running a review of whether to add to England’s 10 National Parks, said more homes had to be built in these protected areas.

Mr Glover also raised the prospect that new national parks will be created on the edge of major cities like Birmingham so people who live in urban areas can easily access them.

Another idea is to find new names for England’s 30 Areas of Outstanding Natural Beauty. …”

https://www.telegraph.co.uk/politics/2018/10/19/need-steady-supply-new-homes-national-parks-says-michael-gove/

“Delivery driver forced to axe business after Persimmon Homes ban him from parking on his own drive at new £190k home”

“The dad-of-one was given just 14 days to move the van from his property, because small print in the terms of his freehold said he couldn’t park ‘commercial vehicles’ outside his own home.

As he was planning to use the van for his delivery business, the jobsworth inspector said the vehicle was illicitly parked.

The order came just days after the 25-year-old handed in his notice to focus on his new start-up.

Reece, of Great Yarmouth, Norfolk, told The Sun Online: “It’s pathetic – they’re saying you can’t have this house unless you’re an accountant or something.

“They have no respect for people who work 70 hours a week to provide for their families unless it’s the right kind of job.

“I paid £192k for the freehold, why can’t I park a van on my drive? It’s elitist.

“None of my neighbors have complained – they think it’s ridiculous that I’m being forced to sell it. A lot of them have vans themselves.

“I grew my side business enough to go full-time, and even handed in my notice at work – then Persimmon wrecked all my plans.

“Thankfully I got my old job back, but it was still a bit sour. I haven’t done any deliveries for ages, and I’ve had to go back to square one.

“I’m just trying to sell the house so I can move on with my life.”

Reece was eventually forced to sell his van – and temporarily shelve his dreams of becoming his own boss.

He insists he wasn’t told about the bonkers contract clause – and says even his solicitor failed to pick up on it.

He blasted: “There’s no way I would have bought the place had I known about it. Setting up a business has been a dream of mine for years.

“When we first moved in there were about 50 things wrong with the house. The build quality was shocking, I’ve had to spend £2k on really basic renovations just so I can sell it.

“The carpet is coming up everywhere, and the paint comes off the walls if it gets slightly damp.

“The door frames are the wrong size and the skirting boards are all wrong. It’s been a nightmare, I’m never buying a house from them again.”

It comes after Persimmon boss Jeff Fairburn sparked fury by walking out of an interview when pressed on his staggering £75m bonus.

When asked if he had any regrets about the furore, he sneered: “I’d rather not talk about that, it’s been well covered actually.”

He then stormed off, adding: “I think that’s really unfortunate actually that you’ve done that.”

Last year we revealed a couple in Newquay, Cornwall, plastered their windows with posters warning potential buyers to stay away from their Persimmon-built estate.”

https://www.thesun.co.uk/news/7535824/delivery-driver-forced-close-business-after-persimmon-homes-parking-ban/

“A land banking scandal is controlling the future of British housing”

“How often have you heard private developers and their allies say they can’t build more homes because planning rules have created a shortage of land?

Kate Andrews of the Institute for Economic Affairs (IEA) summed up this view in The Daily Telegraph, saying: “There is only one way to solve the housing crisis and bring down the extortionate cost of homes: liberalise the planning system and build more houses. A bold but pragmatic policy would be to release greenbelt land – just a small fraction of which would be enough to build the million homes needed to address supply.”

A million more homes? That’s a tantalising prospect. So is there any basis for her argument that the only way to solve this problem is to liberalise (or deregulate) planning?

A little digging into the latest financial reports of the top 10 housebuilders reveals a very different story. Between them, they have a staggering 632,785 building plots on their books, of which more than half have planning permission. At the same time, these 10 companies reported building a total of just 79,704 homes – which means they have, on average, eight-years’ worth of plots in their land banks at the current rate of construction.

Among the top 10, there is a wide variation. At the upper end, Berkeley and Taylor Wimpey are hoarding 15 and 13 years’ worth of land respectively. At the lower end, McCarthy & Stone and Bellway have land banks equivalent to four years’ current output. The difference is mainly in what are known as the ‘strategic’ land banks – reserves that have not yet gained planning permission. All ten have ample land with consent, ranging from three to five years’ worth of output.

The top 10 builders accounted for about half of the 159,510 homes completed by the private sector in 2017.

It is often the case that the stories an industry feeds to the media are at odds with the trading information individual companies give shareholders via regulated stock market announcements. A classic example of this is car insurance where the industry body complained of an “epidemic of fraud” while the major providers told the market that claims volumes were falling.

In the case of housing, the market reports of the top 10 builders are brimming with confidence about future trading. You might expect Bellway, for example, to be feeling the pinch from a supposedly burdensome planning system because of its smaller-than-average land bank. But its trading update in August said that it had detailed planning permission on all its 2019 building plots and had increased land acquisition by 12 per cent to an annual level 30 per cent higher than its output. “The land market remains favourable and continues to provide attractive opportunities,” the company said.

The top 10 builders accounted for about half of the 159,510 homes completed by the private sector in 2017. So, what about the other players? Information is patchy because many are private companies, but random checks on those that are publicly listed suggest that smaller housebuilders also hold enough land to keep them going for years.

And then there are the companies that combine building homes with developing sites to sell on to other builders. The latest trading update from Inland Homes, for example, said that in the first six months of this year it has built 357 units and sold 837 plots to other housebuilders but still has 6,808 in its land bank – nearly six times as many as it built on or sold.

The pattern is clear: across the private housebuilding sector big land banks are the norm. If the top 10 companies – equating to half the market – are hoarding 600,000-plus plots, it is safe to assume that well over a million plots are in the land banks of the sector as a whole. Far from needing greenbelt land, the builders already have enough plots to deliver a step-change.

But will they? The IEA believes ‘markets’ solve economic and social problems, but the last 30 years have shown that is certainly not the case with housebuilding. When Margaret Thatcher slashed funding for council housing in the 1980s, the idea was that the private sector would fill the gap. But it didn’t happen: while the number of homes built by councils slumped from 110,170 in 1978 to 1,740 in 1996, private sector output stayed at much the same level as it was under Labour in the 1970s. With housing association output also virtually unchanged, total housebuilding has halved from more than 300,000 annually under Jim Callaghan to an average of 154,000 since 2010.

This situation suits housebuilders nicely. Constrained supply has helped push up the average price of a new house by 38 per cent since 2010, against an average of 30 per cent for all houses. And booming prices have in turn generated record-breaking profits and dividends. Taylor Wimpey, for example, cleared a £52,947 profit on each of the 6,497 houses it sold (at an average price of £295,000) in the first six months of 2018 and was able to promise shareholders that it would pay out £600m in dividends in 2019, a 20 per cent increase on 2018.

The government has responded to growing anger about land banks by setting up a review under Tory MP Oliver Letwin to “explain” why the “build-out rate” on land with planning permission is so slow. Letwin’s interim report has already admitted that housebuilders complete homes at a pace “designed to protect their profits”. His final report is due in time for the Autumn Budget, but don’t expect anything radical: he has made clear that his recommendations won’t “impair” the housebuilders.

Labour, meanwhile, has published a wide-ranging green paper promising “the biggest council housebuilding programme for over 30 years” delivering more than 100,000 “genuinely affordable” homes annually. To achieve this, Labour would use existing public land, such as sites owned by the NHS and the Ministry of Defence, and set up a Sovereign Land Trust to work with local authorities in England to help them acquire land at lower prices. Taking inspiration from the 1945 Labour government, it would also legislate to create another generation of new towns and garden cities.

Labour’s policy would, in effect, draw a line under the Thatcher era by restoring to the public sector the proactive role it played in providing housing prior to the 1980s. In doing so, it would limit the scope for the big housebuilders to hoover up nearly all the available sites and hoard them in order to drive up prices and profits. As for planning, far from being the cause of the housing crisis, it would be a means of solving it.

Steve Howell is a journalist and author of Game Changer, the story of Labour’s 2017 election campaign.”

https://www.bigissue.com/latest/finance/a-land-banking-scandal-is-controlling-the-future-of-british-housing/

Open spaces: to little and so very, very late

The Mail on Sunday today has launched a petition stop parks being sold off.

If only they had created it BEFORE the massive sell-off, instead of after.

But then Tory donor developers – who bought the parks – wouldn’t have liked it.

https://www.dailymail.co.uk/news/article-6273471/Petition-launched-rescue-open-spaces-sold-cash-strapped-councils.html

Say No to Sidford Business Park meeting

Owl says: notable by his absence was District Councillor and DCC Transport supremo Stuart Hughes, who, it seems, may have preferred going to his gym than attending the meeting:

https://eastdevonwatch.org/2018/10/10/where-was-eddc-and-dcc-transport-councillor-during-the-say-no-to-sidford-business-park-meeting/

“The only way to ensure proposals like the Sidford Business Park and others like it stay in the dustbin of history is for the community to buy it themselves.

Those are the words of campaigners who would like to see the Two Bridges site, where the multi-million pound scheme is proposed, turned into an area for the good of the community – but it would only work if the plans were rejected and the landowners agreed to sell.

More than 100 people attended the latest No Sidford Business Park meeting on Wednesday at St Peter’s Church Hall, Sidford.

Permission is being sought to build 8,445sqm of employment floor space but among the concerns raised are flooding risks and the extra traffic, especially lorries, it could bring to the area’s ‘inadequate’ roads.

During the meeting, John Loudoun from the group, revealed they now had 1,379 signatures on their petition, which opposed the plans and was only carried out in Sidford and Sidbury. And by the time they present the petition to East Devon District Council’s (EDDC) Development and Management Committee, campaigners say it will have more than 1,400 names on it.

John said: “The call to you and everybody out there – and your friends, your family, your neighbours – is please come along on Tuesday, October 30, at 9.15am at The Knowle and be with us when we present the 1,400 signatures to the committee.

“Let’s try now and make sure that this is the second time that we actually kick this planning application and any others like it into the dustbin of history.”

Councillor Marianne Rixson said: “I really can’t see what has changed since last time.

“If we are lucky, it could be refused again, which would leave us potentially facing yet another revised application at some date in the future. But personally, I don’t relish the prospect of wading through another 500-plus pages of documents so I have a radical suggestion. How would you feel about trying to raise the money to buy this land. I can’t promise they would agree to sell but this is the only way we can guarantee that this development or something similar couldn’t happen. Once the Japanese knotweed on the site has been eradicated it could then be a community asset and used for the public good.”

Cllr Rixson said she believed the landowner, Tim Ford, paid around £402,000 for the site.”

http://www.sidmouthherald.co.uk/news/nearly-1-400-residents-say-no-to-sidford-business-park-1-5733085

893 gifts or hospitality from developers in 6 years did not influence councillor’s decisions says Monitoring Officer [insert hollow laugh here]

On average accepted gifts or hospitality 3 times a week, every week for 6 years! But he resigned anyway ….. deja vu, deja vu says Owl!

“The Deputy Leader of Westminster Council has resigned following an internal investigation into his conduct.

Deputy Leader Robert Davis announced today he is to resign “with immediate effect” after 36 years of service.

Mr Davis’s resignation comes after he reportedly accepted hospitality or gifts 893 times over six years. These gifts frequently came from property developers who were seeking planning permission, according to the Guardian.

In a statement, Mr Davis said: “I am very proud of my 36 years’ service in local government during which I made a major contribution to the wellbeing of the City and its people.

“Earlier this year there was some press coverage concerning the hospitality I received during the course of my duties. To avoid this becoming an issue in this year’s elections, I agreed to refer myself to the Monitoring Officer, and stand aside as Deputy Leader while an investigation was carried out.”

Mr Davis, who chaired the Conservative borough’s planning committee for 17 years, continued: “My approach to declarations has always been to be honest, open and transparent. I have nothing to hide.

“I registered all my hospitality and it was posted by officers on the Council’s website. I have been making such declarations since 2007 when the requirement was first introduced.

“I also declared any relevant interests at the beginning of every planning committee I chaired during this time. I have acted with the utmost transparency and probity at all times and have only ever taken decisions on the basis of what I thought was best for Westminster.

“An inquiry has been completed by the Council. They have confirmed that none of the declarations I made or hospitality I received influenced decisions I took as a councillor and that nothing I did was unlawful.”

He said his actions “created a perception that was negative to the Council.

“While I dispute this, I wish to draw a line under the matter. It is now time for me to move on to the next stage in my life, and for the next generation of councillors to lead Westminster.”

https://www.standard.co.uk/news/politics/westminster-council-deputy-leader-resigns-after-hospitality-inquiry-a3958681.html

Ageing-friendly cities [towns and villages]

Given East Devon’s demographic of a large elderly population, some of the points made in this article about designing ageing-friendly cities apply to our towns and villages too. There appear to be few (or no) design features for the older population in, say, Cranbrook, where it seems people are expected to move on if they grow older.

“…Getting out and about

The quality of the environment outside the home has a huge bearing on an older person’s quality of life. Joe Oldman, Age UK’s policy manager for housing and transport, says paying attention to the built environment can make the difference between someone participating in life, and them being isolated at home. “Accessible public transport, level pavements, places to sit, the removal of trip hazards, good street lighting and public toilets are all vital components to encouraging older people to stay engaged with their local community.”

New York City has added 1,500 new benches and 3,500 new or improved bus shelters in the last decade, in consultation with senior centres on their placement – such as within 250 metres from hospitals or community facilities. In the UK, 300 businesses in Nottingham have signed up to the city’s Take a Seat scheme, identifying shops where older and disabled people are welcome to rest with a “We are age-friendly” sticker.

With older people less likely to drive, affordable, accessible public transport is crucial to an age-friendly city. In January a UK study of 18,000 over-50s found that free public transport resulted in fewer cases of depression, after researchers tracked changes in mental health before and after people became eligible for free travel.

Natalie Turner of the UK charity, the Centre for Ageing Better, believes cities need inclusive transport strategies. “Good transport links help everyone, whatever their age, to access vital services such as doctors and social and cultural amenities, so that they can be involved in city life, stay independent and keep up social connections.”

Many cities, including Washington DC and Bilbao in northern Spain, have identified improving access to transport as a cornerstone of their ageing strategies. Proposals include making bus drivers aware of the needs of vulnerable community members, maintaining bus stops and pavements, and ensuring route information is accessible.

Innovative schemes are making cycling more accessible to older people. In south London, disability charity Wheels for Wellbeing offers sessions on specially adapted bikes, encouraging users to keep mobile, independent and fit. For those who no longer have the physical ability, Cycling Without Age – piloted in Copenhagen and now in 40 countries – enables the elderly to go out in tricycle rickshaws pedalled by volunteers.

Participation

An age-friendly city should provide opportunities for people to participate in public life and contribute to their communities, through paid or voluntary work. Evidence shows doing so increases social contact and good health. In Hong Kong the elder friendly employment practice helps older people to continue flexible employment post-retirement, through initiatives such as employment fairs and an online job-matching.

Roger Battersby, an architectural consultant to PRP Architects, specialising in age-friendly housing in China, says many members of the country’s growing population of over-65s are employed by local government in landscaping services. “One sees armies of older people tending the urban landscapes which, as a consequence, are generally of a high quality.”

But Professor Chris Phillipson says an age-friendly city needs to go far beyond work, housing and infrastructure to take in global factorssuch as climate change and pollution, to which older people are particularly vulnerable.

Unless the bigger picture is tackled, Phillipson says, we are likely to see an increasingly unequal society in the future, with the elderly among those bearing the brunt. “There will be a significant number of people in their 50s still renting. One-third of over 50s don’t own property. They will have rented for a long time and won’t have equity or savings. Gentrification has also had an appalling effect on older people.”

One example is Berlin, where low-income flats are being sold to private developers, leading to rent increases that have made many areas unaffordable to older people.

“We need policies that have a real impact on the urban development that is taking place,” says Phillipson. “If the environment is hostile to people on low incomes, that impacts disproportionally on older residents. Cities must not think about housing and town planning policies in isolation. Age-friendliness needs to be part of the debate about urban development.”

https://www.theguardian.com/cities/2018/oct/10/what-would-an-age-friendly-city-look-like

“Shoebox Britain: how shrinking homes are affecting our health and happiness”

“… Jenny pays £475 a month, excluding bills, for one of the smallest of nine flats carved out of a Victorian terraced house on a busy road. One of them is not more than a glorified shed crammed into the garden. She doesn’t know the floor area, but planning documents show that her room, which includes a double bed, kitchen sink, hob, oven, washing machine and a clothes rail, covers 15 sq metres. The tiny, windowless bathroom adds 3 sq m. Her whole home is barely bigger than the average living room and would fit 14 times on to a tennis court.

“When I come home I feel this sense of doom,” Jenny says. “I can’t have the window open because I’m on a noisy, polluted road, and I can’t have the blinds open because there’s a bus stop right there. I’ve had people weeing on my doorstep, doing crack outside my front door.” There are practical challenges. Jenny eats on her bed, which, like her clothes and everything else she owns, smells of whatever she cooks. Without proper storage, anything out of place can make the flat feel chaotic. The hum of the fridge keeps her awake at night.

“I think that even if someone didn’t suffer from anxiety or depression, living in this flat would affect them mentally,” she says, wondering how she might start to recover in a house like this. “You feel it – oh my God, the air is so … heavy.”

… But standards and ideals can get blurred in a vicious economic cycle. Ministers relax planning rules to enable more building and development. Developers and landlords find profitable loopholes in those changes. Local authorities, desperate for alternatives to their own dwindling housing stock, direct residents to those landlords, fuelling further exploitation at a time when councils also lack resources for planning and building control. Residents, often faced with homelessness, endure the cramped results, until society notices and someone writes another report.

“My concern is that people are becoming inured to something that they shouldn’t have to put up with,” says Julia Park, the head of housing research at architectural firm Levitt Bernstein. She has written a history of space standards and is surprised by how little we consider the effects of domestic confinement. “When you’re living in smaller and smaller flats, you reach a point where it makes sense to take out the walls because one big room feels nicer, but I think that implies a lot of compromise we’re not examining,” she says. “Some of these flats pose threats to physical health, but, in small spaces, it’s going to be mental health that is most affected.”

… Park, who advises local authorities, laments the way sleeping, cooking and washing are increasingly viewed as the only functions of a dwelling in a housing market where a living room is becoming a luxury. She is especially worried about the types of homes that have emerged in the gaps in policy. This summer, she noticed a seven-floor former office block in Croydon, in south London that had been divided into flats. Planning records showed that each of the six upper floors in the building had been converted into 10 studios, including single flats of just 13 sq m.

By current standards, these flats are barely a third of the recommended size. Park was instrumental in drawing up the “nationally described space standard”, a nationwide metric implemented by the government in 2015. It recommends 37 sq m for a one-person, one-bedroom flat; a two-person, one-bedroom flat should be 50 sq m.

Park was surprised that the government had agreed to the recommendations, given its austerity policies. “The compromise was that it is optional,” she adds, estimating that fewer than half of councils have adopted it. Even when they do, it only applies to new buildings or developments that go through the planning system, but not to a range of “permitted developments”. So, for a relatively small investment, the owner of an office building, for example, can convert it into self-contained flats with only “prior notification”.

Ben Clifford led a team that visited more than 500 converted office buildings for a report published last May by the Royal Institution of Chartered Surveyors. “We were shocked by how many of these flats were of a very poor quality,” says Clifford, a senior lecturer in spatial planning and government at University College London’s Bartlett school of planning. In one, Clifford called the fire brigade after spotting walls dividing flats made only of plywood. “We spoke to one resident who was in a tiny one-bed flat with two children and no balconies or open space,” he says. “Another woman, in an 80s office building, said it just wasn’t very nice to live in a flat with big tinted windows that don’t open.”

In the so-called “lockdown” model, meanwhile, rogue landlords are converting family homes into tiny studio flats specifically to attract tenants aged 35 or over who, like Jenny, claim the higher housing allowance for a self-contained dwelling. By including a token shared facility, such as a tiny kitchen – or by ignoring rules altogether – these landlords also bypass planning permission by treating such developments as flat-shares (another permitted development). The rental income from six cheaply built studios is multiples of that for a three-bed flat share in the same house – and it is the taxpayer who lines the landlord’s pockets. “It’s basically the warehousing of homelessness,” says Jon Knowles, a computer analyst and campaigner who has recorded hundreds of such developments.

… Few housing campaigners have much hope that conditions might soon improve for the occupants of our shrinking homes. Clifford says there is a minor backlash against abuses of the permitted development rules, and several local authorities are moving against them. “We have to be much tougher on landlords and on standards,” Park says. “There are going to be compromises because we are desperately short of housing, but we cannot give people a free pass.” … “

https://www.theguardian.com/money/2018/oct/10/shrinking-homes-affect-health-shoebox-britain

New National Park for East Devon? Not while people like Diviani are councillors!

This is the aspiration:

“A new Dorset and East Devon National Park could be created.

Cllr Martin Shaw had called for Devon County Council to support the establishment of a Dorset and East Devon National Park and to submit a case for this to the DEFRA review of national parks.

But Devon County Council agreed that any expression of support for the establishment of a Dorset and East Devon National Park should be deferred until the overriding benefit was clearly demonstrated and that it would come from additional funding. …”

https://www.devonlive.com/news/devon-news/new-national-park-could-created-2090631

This is the reality (November 2017 and nothing has changed:

It has been suggested that the area might secure some £10million of annual central government funding with more than 90 per cent of this being invested in the local economy.”

Responding to the question, council leader Paul Diviani stated that EDDC is not directly involved in the proposals and awaits further consultation as it progresses through the process of consideration.

When asked if he agrees with claims that a national park would bring significant economic benefits to the district, Cllr Diviani said: “National parks and AONBs are not about making money. The AONBS are much more localised than national parks ever can be.

“It is an opportunistic type of approach that people in Dorset are taking about our assets here in East Devon.”

https://eastdevonwatch.org/2017/11/09/dorset-positive-about-national-park-we-cant-join-up-as-diviani-doesnt-want-to-lose-control-of-assets/

Ministers must give reasons for calling-in and also for NOT calling-in planning applications

Big change from recent practice and a victory for SAVE.

“Ministers must follow published government policy and give reasons for call-in decisions on planning applications – including in those cases where the decision is not to call in, the Court of Appeal has ruled.

The case of Save Britain’s Heritage, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2018] EWCA Civ 2137 concerned the Secretary of State’s decision, dated 15 March 2017, not to “call in” certain planning applications dealing with the controversial ‘Paddington Cube’ development.

SAVE argued that the Secretary of State was required in law to give reasons for that decision, and failed to do so. It put the case in two ways:

There was a legitimate expectation that reasons would be provided, based on a promise made in 2001 by the then Attorney General Lord Falconer. Although the Secretary of State accepted that it was the practice for many years to give reasons for not calling in an application (pursuant to s.77 of the Town and Country Planning Act 1990), the Secretary of State argued that this practice came to an end in 2014 and that SAVE knew or ought to have known about that change. SAVE maintained that, as a matter of principle, a published policy cannot be withdrawn or overturned by an unpublished practice.

The Secretary of State had a general duty at common law to give reasons for any decision under s.77 and/or that there was such a duty on the particular facts of this case. This argument was contrary to a number of first instance decisions and was advanced principally by reference to the decision of the Supreme Court in Dover District Council v CPRE Kent [2017] UKSC 79.

When granting SAVE permission to appeal, Lord Justice Lewison limited that appeal to SAVE’s claim for a declaration “that the SoS was required to give reasons for any decision whether or not to call in applications for planning permission and/or listed building consent for his own determination under s.77”. The planning permission granted by Westminster City Council on 14 August 2017 still stands.

The Court of Appeal ruled in SAVE’s favour. Lord Justice Coulson considered that the particular facts of this case did not require the common law to impose a duty to give reasons when none would otherwise exist.

In relation to the legitimate expectation issue, Mrs Justice Lang had concluded in the High Court that by 2016/2017, there was no longer an established practice that reasons would be given for a decision not to call-in an application. “On the contrary, the established practice was that reasons would not be given.”

Lord Justice Coulson decided that this conclusion was erroneous for three reasons:

The judge’s may appeared to confuse the promise cases with the practice cases. “I accept that, if a legitimate expectation was created as a result of a particular practice then, if that practice was changed, the legitimate expectation might well disappear with it. But that is not this case. This case is based on the unequivocal promise made by the relevant Minister in Parliament which has never been publicly changed.”

It was “a recipe for administrative chaos if a legitimate expectation can be generated by an unequivocal ministerial promise, only for it then to be lost as a result of an unadvertised change of practice.” Even at its highest, the Secretary of State’s case stopped short of the suggestion that the alleged change of practice was advertised as such when it occurred in 2014. Ms Lieven QC [counsel for the minister] properly accepted that it was not a change that could be said to have been ‘published’ at all.”

It was “worth noting how and why the SoS says that this change of practice occurred. It appears that, in the Westminster case, the Minister had given reasons for not calling in the decision which were plainly wrong on their face. As a result of this error, somebody (and it is quite unclear who) within the Department for Communities and Local Government decided that it would be more prudent for reasons not to be given under s.77. In consequence, changes were made to the template letter sent out (to the relevant LPAs, or to the objectors who had requested call in) when a decision was made not to call in an application under s.77. Mr Harwood QC [counsel for SAVE] was therefore right to say that this was not an open or transparent way to withdraw a public ministerial promise made in Parliament.”

The Court of Appeal judge said he was unpersuaded that the alleged change to the template letter was of any real significance.

Lord Justice Coulson continued: “Since a promise had been made to operate a particular procedure then, as a matter of good administration and transparent governance, any change to that policy also had to be announced publicly.

“It is a not a question of fettering the future exercise of discretion, but simply making public the decision that something which had been promised and provided in the past would not be provided in the future. In my view, good administration and transparent government required nothing less. Of course, this did not happen here because no-one in the Department knew that they were changing a promised policy (because they had forgotten about it).”
Lord Justice Coulson added: “I do not accept the proposition that a policy which has been promised can then be withdrawn simply by a change in the template of letters sent privately to individual LPAs and objectors, particularly where, as here, the alleged change is itself very difficult to discern.”

He said: “An unequivocal promise was made, and that unequivocal promise should have been publicly withdrawn when (or if) a conscious decision was taken no longer to give reasons for not calling in applications …. For these reasons, I consider that SAVE’s legitimate expectation case has been made out.”

SAVE said the ruling meant that the Secretary of State for Housing, Communities and Local Government must now follow his own published advice and give reasons for his decisions.

Henrietta Billings, director of SAVE Britain’s Heritage, said: “This is a fantastic result that opens up the decision making process for highly contested major schemes across the country. It literally changes the landscape of decision making – and is a major victory for openness and transparency.”

Source: Local Government Lawyer

“Say No to Sidmouth Business Park” public meeting: 10 October, 7.30 pm, St Peter’s Church Hall

“The Say No to Sidford Business Park group is inviting residents to hear about the campaigns activities in recent months and its newest proposals.

The group is keeping tight-lipped until the meeting next Wednesday (October 10), but says the announcements will demonstrate the depth of local opposition.

John Loudoun from the group said: “I think it’s important to get a sense of what we have been doing over the past few months, in order to try and put it before councillors so they understand the depth of opposition there is to the planning application.

“This has now been going on for a number of months and it is not going anywhere particularly fast. We are going to be making an announcement as we have a proposal to put to the people.”

The meeting will start at 7pm, in St Peter’s Church Hall, Sidford, on Wednesday.”

http://www.sidmouthherald.co.uk/news/say-no-to-sidford-business-park-campaigners-to-hold-another-public-meeting-1-5726601

Greendale exploits planning loopholes yet again

PRESS RELEASE:

“FWS Carter and Sons were successful in obtaining planning permission for 2 further agricultural buildings at Hogsbrook Farm, next to their Business Park at Woodbury Salterton.

The 2 planning applications were debated at East Devon’s Planning meeting on Tuesday 2nd Oct at the Knowle Sidmouth. The 2 planning applications were17/2430/MFUL and 18/0920/FUL for large agricultural sheds at Hogsbrook Farm. They were both recommended for approval by the planning department.

Although the Planning Committee were reluctant to grant planning permission for these 2 buildings only 18 months after a planning inspector overturned the committee’s decision to refuse 2 similar units being changed from agricultural use to industrial, because it was claimed they were redundant for agricultural and their remaining cattle sheds a facilities were more than adequate for their farming needs for the foreseeable future.

Yet within a short space of time after the previous units were converted to Industrial use the company applied for these 2 further agricultural buildings due to the alleged expansion to their farm business.

It was pointed out that there have now been many similar applications at Greendale and Hogsbrook Farm where agricultural building have changed to industrial or business use due to the company claiming that they were no longer needed for their agriculture needs.

Committee members were concerned that although it seemed obvious that FWS Carter and Sons are “cynically abusing” the planning system and conditions attached to previous applications which had tried to control these changes, that have by default allowed the Business Park to expand considerably and in an uncontrolled manner.

The planning officer stated that the Government and East Devon planning regulations could unfortunately not prevent these applications being approved, as the applicant had submitted an agricultural justification statement, and the applications complied with all the legal requirements, but he agreed to recommend a legal clause that should prevent the applicant from converting these further 2 units to industrial or business use in the future.

District Councillor Geoff Jung a planning committee member and the local Councillor for Raleigh Ward which includes Woodbury Salterton said after the meeting.

“There are now more than a dozen massive Industrial units at Greendale and Hogsbrook Farm which were all retrospectively changed in use and later granted permission for industrial use.”

“I totally support encouraging businesses to expand and I totally support farmers to expand and diversify and I am all for the welfare of the animals.”

“But we are also the custodians of our countryside which needs protection from uncontrolled development.”

“It very disappointing to the local community that a local developer and landowner, FWS Carter and Sons, have been successful in working the planning system.”

“I do hope the legal draft to be added the planning permission will now prevent further applications of this nature”

Another developers’ charter announced by government

“The government has announced plans to consult on further reforms to the planning system, including giving local authorities more flexibility to dispose of surplus land that could instead accommodate new homes.

Other measures will include

introducing a new permitted development right to allow property owners to extend certain buildings upwards, “while maintaining the character of residential and conservation areas and safeguarding people’s privacy”.

clearer guidance to give more certainty for communities when land is needed to make a new town a reality.

The government has set a target for the delivery of more than 300,000 homes a year by the mid 2020s.

The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has also confirmed that the government will ban the use of combustible materials on external walls of high-rise residential buildings. The ban will also apply to hospitals, care homes and student accommodation over 18 metres.

This ban will be delivered through changes to building regulations guidance and will limit materials available to products achieving a European classification of Class A1 or A2.

Other measures announced by the government include the creation of a New Homes Ombudsman to support homebuyers facing problems with their newly built home, and £165m in funding to unlock up to 5,100 homes in Birmingham in support of the 2022 Commonwealth Games.”

http://localgovernmentlawyer.co.uk/

Beware council promises – an example from Teignbridge

“Plans for a new country park serving the 2,500 homes to be built on the edge of Exeter are being cut back, it has been claimed.

The 70-hectare park (173 acres) in the area of the new homes around the Devon Hotel is being dropped by Teignbridge District Council in favour of one that is much smaller, says local county councillor Alan Connett.

Cllr Connett says he has uncovered the council’s plan for a park less than two-thirds the size of the original plan, at 39 hectares (96 acres).

He said: “Teignbridge’s own Local Plan, which sets out how the district will develop over the next 20 years, promises a ‘ridge top park of approximately 70 hectares’. “However, we see yet again how the council promises the earth and then quietly changes the plan.”

In a confidential report going to Teignbridge Council’s Executive committee on Tuesday, October 2, Mr Connett said it was understood the ruling Conservative councillors would be asked to back a new, smaller countryside park for the South West of Exeter development.

Cllr Connett, a Liberal Democrat, said: “Teignbridge now wants to concentrate on a country park that is over a third smaller than it promised residents. “Much of the development at South West Exeter is, in fact, in the parish of Exminster, which will see an extra 2,000 houses within the community, and just 500 ‘over the border’ in Exeter.

“The ridge top park is seen as an essential part of the development not only to provide open space for the residents who will live in the new homes but also to take pressure off the Exe Estuary and reduce the number of visitors.

“This is another example of the planning system promising one thing but delivering less than that promise.

It was the council that put forward a country park of approximately 70 hectares but now, in a secret meeting not open to the Press or the public, and without any consultation, it plans to renege on that promise.

“This is why local people lose faith in the planning system and don’t believe councils when they say good quality community benefits will be gained from large scale housing developments.

“Of course, a park of 96 acres will still be a big space to walk dogs, enjoy picnics and family time together, but that is not the point. “The park will be part of the community for ever more, we hope, and it’s already being downsized.

“As Exeter and Teignbridge continue to grow in the years to come, future generations will come to regret that the Park was not the promised 70 hectares.

“Also, as a local councillor I am now gagged and prevented from saying more about what I have uncovered because the council has ensured all this is being discussed in private, in secret session.”

“Teignbridge says it is an ‘open and transparent’ council, but yet again we see it is anything but that. “It prefers to do its business and cut back on its promises in a private meeting which the public are not allowed to attend.”

A spokesman for Teignbridge Council said Teignbridge adopted its Local Plan in 2014 and at the time the Plan’s independent Inspector noted that the Suitable Alternative Natural Greenspace allocation at South West Exeter was sufficient to address the impacts planned development, as well as possible needs in the future.

He said: “The same year, a masterplan for South West Exeter was publicly consulted on and adopted by the Council.

“It explained that 36 hectares of the 70 hectare allocation were needed to accommodate planned development and that the allocation of the larger area therefore provided longer term flexibility.

“The additional provision to the total of 70 hectares indicated was put in there to provide greater flexibility for the countryside park to expand in the future.

“In all cases the land areas being talked about are significantly larger than Dawlish countryside park.”

Cllr Humphrey Clemens, Teignbridge’s Deputy Leader and Executive Member for Housing and Planning, said: “In line with council procedure, Cllr Connett has had the opportunity to raise any questions in advance of the Executive and I welcome the opportunity to have an open discussion with him during the meeting.”

https://www.devonlive.com/news/devon-news/devon-country-park-shrinks-2062679

May puts sticking plaster on homes crisis

“The government believes there is evidence that allowing foreign buyers to snap up homes while paying the same duty as British residents “is inflating house prices”. …”

https://www.independent.co.uk/news/uk/politics/conservative-conference-stamp-duty-foreign-uk-home-buyers-theresa-may-housing-crisis-a8561136.html

Well, who would have guessed!

Developers (“Cranbrook Limited”) still seem to hold all the cards in the town

From Town Council website:

“For distribution – question: What is “Cranbrook Limited” referred to in the last line?

Town Council site:

“The Town Council has been advising previously that we have been chasing the Consortium to release householders from the rent charge deed and yesterday we received the following statement:

“The development partners, Persimmon Homes, Taylor Wimpey and Hallam are continuing to work with their agents to conclude the Estate Rent Charge audit process and Deed of Release on final payment of balances due from each household. Please bear with us as we complete these tasks. We will continue to liaise with the Town Council on this and update you further in due course.”

Whilst we are doing all we can to help progress this matter, the Town Council is not responsible for the development and distribution of the documentation which removes the rent charge deed from individual households – it is and remains the responsibility of Cranbrook Limited.

The Town Council will continue chasing this matter on a regular basis.”

More Cranbrook Taylor Wimpey woes

“An NHS worker living in Cranbrook has spoke of her shock at finding her garden path replaced with a deep trench – and has fumed that the contractor hasn’t even had the decency to erect safety barriers.

Julia, 28, who is also studying physiotherapy at Plymouth University, said the mess left by workers ‘space for a coffin’ after they removed the slate pathway to the front door of her privately-owned home at Stone Barton yesterday.

She claims there had been no letter drop by homes builder Taylor Wimpey to warn locals about the incredibly intrusive and disruptive works.

All the pathways in her road are missing, and she is worried it could lead to a life-changing injury for some of her elderly neighbours.

She said: “I turned up home in the afternoon and they were just gone.

“Apparently they are now going to tarmac it as it’s easier to maintain.

“They have left huge trip hazard with uneven surface and gap 11 cm long in our only entrance to the house! No barriers, no warning signs.

“It is so inconsiderate. They didn’t send us a letter about it, they just did it.

“What if somebody on crutches or in a wheelchair has to leave their house?

“I work in a hospital with elderly patients with broken hips, many don’t make their way though it.

“It is so serious.”

Council contractors have returned today and are digging even more holes in the street.

The section of the pathway removed is maintained by Taylor Wimpey, and it is part of a series of scheduled works in the area.

She has tried ringing the relevant authorities to find out how long the works will last but has not yet been able to get through to anyone who can help.

A Taylor Wimpey spokesperson said: “We would like to apologise for any inconvenience caused to customers at our Cranbrook development while we carry out works to footpaths outside their homes.

“The health and safety of our customers is our priority and, following the concerns raised by residents, our construction manager has visited the working area and confirmed that it has been left safe ahead of the weekend.

“Our sub-contracted groundworker wrote to all affected customers to notify them of this work on 18th September 2018. The work is due to be completed on Monday 1st October.”

https://www.devonlive.com/news/devon-news/cranbrook-woman-28-fuming-after-2052534