The second lead story on the 10pm news yesterday can be viewed at this link, from 02:20-02:47 http://www.bbc.co.uk/iplayer/episode/b04nv3kh/spotlight-12112014
Category Archives: EDBF
Police and Crime Commissioner at this evening’s Overview and Scrutiny Committee (6.30pm, Knowle)
Heated debate is inevitable this evening at Knowle. The final Overview and Scrutiny Committee (O&S) meeting of 2014 will be handling red-hot issues, notably that of the Business TAFF rearing its head once again, much to the Chief Executive’s apparent displeasure. Whether the CEO will be present, and how O&S Chair Cllr Tim Wood handles the meeting, will be significant. Both seem at risk of having their fingers burnt…
See our latest posts, e.g. http://eastdevonalliance.org/2014/11/12/mark-williams-on-unfortunate-circumstances-arising-from-g-brown-case/
and http://eastdevonalliance.org/2014/11/12/eda-intense-disquiet-with-chief-executives-letter-to-councillors/
For this evening’s agenda, go to http://new.eastdevon.gov.uk/media/476265/131114-os-agenda-combined.pdf
EDA “Intense disquiet” with Chief Executive’s letter to councillors
Mark Williams’ letter this morning to all EDDC Councillors has provoked a strong response from the East Devon Alliance.
The Chief Executive’s letter is recorded in our earlier post http://eastdevonalliance.org/2014/11/12/mark-williams-on-unfortunate-circumstances-arising-from-g-brown-case/
This critical analysis of it, addressed to the Chairman, has been circulated to all O&S councillors today, on behalf of EDA:
To Cllr Tim Wood, Chair of EDDC Overview and Scrutiny Committee
Dear Councillor Wood,
We are writing to you to express our intense disquiet with the Chief Executive’s letter to councillors today following the Police announcement that they have completed their investigation into the activities of ex-councillor Graham Brown.
Leaving aside the question of whether the police inquiry could be described accurately as “extensive” and “robust” (please see the EDA press release attached) we object strongly to the tone and content of Mr Williams’ letter for the following reasons:
1. The CEO describes the TAFF inaccurately – it’s actually the Business TAFF not the “EDBF TAFF”.
2. He under-estimates the close involvement of EDDC and EDBF saying merely that the council provided “secretarial and administrative support”. He omits to mention council funding, and the fact that a senior officer (Nigel Harrison) was allowed to play a pivotal role in the organisation and lobbying activities of the EDBF. He also ignores the fact that in 2007, an EDBF committee was permitted to denigrate a consultant’s report concerning employment land, and propose recommendations to relax planning restrictions which were accepted soon afterwards by the Council.
3. He falsely implies that the TAFF was established amid the “unfortunate circumstances” and “febrile atmosphere” of the Telegraph revelations. In fact the TAFF was established in September 2012, six months before the Telegraph report and before EDA existed.
4. He falsely claims that those calling for the TAFF “were mainly Cllr C Wright and the East Devon Alliance/Save Our Sidmouth”. This would hardly explain why a majority of the OSC committee voted to begin such an investigation. As the minutes of the OSC (September 2012) show, Cllrs Stuart Hughes and Graham Troman played an important role in arguing that a TAFF should look at the influence of the EDBF over the draft Local Plan, especially in relation to the 12-acre business park proposed for Sidford.
5. He falsely implies that community groups were looking to smear individuals with allegations of “improper behaviour”. The concern of groups like SOS was that there existed serious conflicts of interest when councillors and officers were intimately involved in the lobbying activities of a group that represented landowners and developers. These concerns were subsequently proved to have been justified. As Cllr Twiss wrote to councillors on 17 March 2013, the chair of EDBF was revealed to have engaged in “inappropriate actions” which “brought the council into disrepute”
6. Mr Williams is disingenuous in claiming that “G. Brown chaired the Forum in his capacity as a representative of the NFU (not in his then capacity as an East Devon District Cllr”). It is impossible to disentangle his role as Chair from his role as a very senior councillor, with considerable influence in changing council planning policy which benefitted EDBF members, and on the shaping of the (stalled) Local Plan.
7. Mr Williams claims “the scope for the TAFF is vague and there are a number of caveats.” This could possibly be due to his unwarranted interference in the conduct of the TAFF. In advising, for example, that planning matters could not be discussed and preventing the Economic Development Manager from attending. He has also been accused of manipulating the minutes of the TAFF.
8. He falsely suggests that “it now makes sense to reconsider what is wanted” because it would be inappropriate for the TAFF to continue to ask probing questions as the police inquiry has been called off. The TAFF has never been concerned with possible illegal activities, but with the relationship between council and businesses, apparent conflicts of interest, and possible undue influence on council policy from a lobby group.
9. Mr Williams tells councillors “If a version of the TAFF is to continue the purpose needs to be quite specific and not some generalisation which would otherwise enable the TAFF to justify any and all lines of enquiry they choose to pursue.”
It is completely inappropriate for a Chief Executive to appear to be dictating what a Scrutiny committee should or should not discuss. Constitutionally the OSC must be completely free to hold the leadership to account.
10. Finally, and most seriously, Mr Williams implies that Cllr C Wright and EDA had been in contact with the police and somehow were responsible for a climate of “taint, innuendo or implication (sic!) ” that gave rise to the TAFF.
As said before, the formation of the TAFF predates the existence of the EDA, and the Alliance views this comment as, not only inaccurate, but bordering on the defamatory.
Mr Williams’ thinly veiled suggestion that Cllr Wright should be removed from the OSC because she could not “come to the matter with an open mind” is outrageous. It is totally inappropriate for a senior officer to attempt to influence the composition of a Scrutiny committee by suggesting a named councillor be excluded. This is possibly a serious breach of the Constitution of the Council and of the Officers’ Code of Conduct.
We hope, Cllr Wood, that you will take the opportunity at tomorrow’s Overview and Scrutiny Committee to completely disassociate yourself, and your Committee from Mr Williams’ intemperate and ill-judged comments.
Yours sincerely,
Tony Green
On behalf of the East Devon Alliance
Press Release from Paul Arnott Chair of East Devon Alliance, 12 November 2014
‘East Devon Alliance (EDA) notes the statement issued today by Devon and Cornwall Police that they have decided not to continue their inquiry into the activities of former councillor Graham Brown because of insufficient evidence.
Following the “Councillors for Hire” report in the Daily Telegraph of March 11 2013, EDA was contacted by several people who wished for information to be given to the police. EDA did this on a number of occasions between May 2013 and September 2014.
EDA has therefore followed the conduct of the inquiry with interest. It has been concerned by initial delays caused by an erroneous referral to Action Fraud following the Daily Telegraph revelations, slow progress once the inquiry was underway, and the apparently limited resources devoted to the investigation.
The Alliance is now considering what action it might take to express these concerns in the appropriate forum.
Whatever the result of the police inquiry, EDA agrees with the statement of the EDDC Majority Whip Phil Twiss, in a letter to councillors on 17 March 2013, that he was “hugely disappointed that the inappropriate actions of a former member of the EDDC Conservative group has brought (the council) into disrepute”.
Urgent questions remain concerning the role played by Mr Brown in determining planning policy at EDDC and shaping the failed Local Plan. It is vitally important that the Overview and Scrutiny Committee resumes its much-delayed investigation into the Council’s relations with business, particularly with the East Devon Business Forum of which Mr Brown was chairman.
However, we are very concerned that EDDC’s Chief Executive, Mark Williams, has responded to today’s announcement by writing to all councillors demanding the exclusion of a named councillor from this vital inquiry, and that its scope be limited. ‘
Notes for editors:
1.The Daily Telegraph article “Councillors for Hire” of 11 March 2013:
http://www.telegraph.co.uk/news/uknews/9921344/Councillors-for-hire-who-give-firms-planning-advice.html
and follow-up article of 11th November 2013
http://www.telegraph.co.uk/news/investigations/10417451/Telegraph-undercover-planning-investigation-a-summary.html
2.https://eastdevonwatch.wordpress.com/2014/11/12/mark-williams-on-unfortunate-circumstances-arising-from-g-brown-case/
Police and EDDC on closure of Brown inquiry
The following statements were issued this morning to the media:
From Devon and Cornwall police:
‘Following an extensive investigation regarding allegations of abuse of planning processes relating to a former East Devon District councillor, Devon and Cornwall Police will take no further action.
No arrests have ever been made in relation to the investigation, although there has been extensive and robust enquiries into the allegations as a result of a report in the national media.
East Devon District Council has been informed of the decision and the matter is now closed from a police perspective.’
Two lines from EDDC:
‘The council welcomes the announcement that the Police have completed their lengthy and thorough investigation into this case, which was referred to them by us very shortly after the revelations in the newspaper article.’
More on this news, will follow…
Mark Williams on “unfortunate circumstances” arising from G. Brown case
This extraordinary letter from the Chief Executive has just been sent to all EDDC councillors:
Dear Cllr,
I am writing to confirm that the Police have announced today that they have completed their extensive investigation into matters concerning ex Cllr G. Brown. You will recall that this derived from claims that ex Cllr G. Brown made to Daily Telegraph reporters which were reported in March 2013. They have concluded, after extensive and robust enquiries, that no further action is appropriate.
As far as the Council is concerned, this leaves outstanding the issue of the East Devon Business Forum TAFF. The East Devon Business Forum no longer exists, albeit for a period of time the Council did provide secretarial and administrative support as part of its wider economic development role.
It is my advice that the Overview & Scrutiny Committee should now review what further inquiry, if any, the Committee wishes the TAFF to carry out and what the proposed terms of reference should be.
My reasons for giving this advice are that the TAFF was originally established amid, what I would term, unfortunate circumstances and a febrile atmosphere during which all manner of things were being alleged concerning the Council. Those calling for the TAFF were mainly Cllr C Wright and the East Devon Alliance/Save Our Sidmouth who considered that there was evidence of improper behaviour deriving from or through the activities of the East Devon Business Forum and alleged influence on the Council’s planning process. Inextricably linked to the issue was the fact that G. Brown chaired the Forum in his capacity as a representative of the NFU (not in his then capacity as an East Devon District Cllr).
The wording used to explain the scope for the TAFF is vague and there a number of caveats. In light of recent developments it now makes sense to reconsider what is wanted and more particularly and importantly tease out the reasons why. I say this because as the Police investigation hasn’t identified any action worth pursuing then it would be wrong to allow the same issue to be pursued through a different route i.e. via the TAFF. If a version of the TAFF is to continue the purpose needs to be quite specific and not some generalisation which would otherwise enable the TAFF to justify any and all lines of enquiry they choose to pursue. If, for example, the TAFF is simply to look at the process or means by which, generally, land is put forward for employment purposes then the Scrutiny Committee should assess how this assists in the context of the current Local Plan adoption process.
It is my understanding that during their investigation the Police met or otherwise corresponded with Cllr C Wright and the East Devon Alliance in order to ensure that they were aware of all the claimed evidence regarding the alleged activites of ex Cllr G. Brown in whatever capacity. In so far as no further action is to happen, it is important that if a TAFF is to continue it does so without the taint, innuendo or implication that gave rise to its original formation. Furthermore, the membership of the TAFF should comprise Cllrs who come to the matter with an open mind and who have had no involvement in the matter previously. If a Cllr believes they have material evidence that might be of use to the TAFF they should be a witness to the TAFF and not a member of the TAFF.
If you have any queries regarding this matter, please do not hesitate to contact me.
Mark
CEO
EDDC
Breaking news…Graham Brown inquiry ends, through insufficient evidence….
Titbits from agenda papers of the next (non) Overview and (non) Scrutiny Committee
Meeting on Thursday 13 November 2014 at 6.30 pm http://new.eastdevon.gov.uk/media/476265/131114-os-agenda-combined.pdf
Titbits from the current Overview and Scrutiny agenda
Council promises 2014-16
One area of concern flagged red:
Area: Continue development at Cranbrook and elsewhere to ensure best quality of build and design of homes, high street and public spaces.
Concern: While development continues apace there are concerns about the future of Cranbrook and the need for a masterplan to guide development moving forward to ensure that the best quality of build and design is achieved.
Our translation: Cranbrook is not living up to expectations and because we didn’t plan properly in the first place we are going to have to throw money at this problem.
Also interesting variations:
Area: Make sure that new developments are supported with the right level of investment in infrastructure to benefit the community.
Variation: There remains a concern that viability issues with developments is making it difficult to secure the full level of invesment in infrastruture that is necessary to meet the needs of the development, however it is hoped that as the economy continues to grow that viability will improve.
Our translation: No local plan = no Community Infrastructure Levy = no community infrastructure.
Area: Develop the business case and governance arrangements for setting up a trust for the Thelma Hulbert Gallery.
Variation: This is no longer being pursued – LED had been asked to look at the possibility of running the THG but had decided against taking the gallery under their operations.
Our translation: THG is bleeding money and we can’t find a way to stop it but most of the Executive Board are Honiton councillors and won’t countenance any radical costcutting or closure that might cost them votes.
Oh, and the EDBF Task and Finish Forum stays in the long, long grass!
Source: http://new.eastdevon.gov.uk/media/476265/131114-os-agenda-combined.pdf
Where is Ware Farm decision?
EDDC website says deadline was 28 October, 2014, for decision on CERTIFICATE OF LAWFULNESS 14/2032/CPE.
No news so far as to whether this case, with its unusual circumstances, has been or will be decided in or out of the public eye.
The following links give some background
http://eastdevonalliance.org/2014/09/22/ex-councillor-browns-facts-disputed-2/
http://eastdevonalliance.org/2014/09/23/farmer-brown-or-mr-brown-the-saga-continues/
http://eastdevonalliance.org/2014/09/12/daisy-the-cow/
No comment
“….. Not the only cosy developer relationship going on with the Council/Planning Department. Several villages have been on the receiving end of bizarre planning committee approvals for “favoured” developers. Planning applications that clearly breach all government guidelines, parish plans, huge amount of local objections etc. but still get approved. Most developers start the work and even advertise new properties before the application is formally approved. …..”
Newton Poppleford planning decisions “contradictory”
Yes, most of us have realised that. Why was it ok for one developer and not for another?
Of course, a re-convening of the EDDC wokring group that was supposed to look into the relationship between the council and the East Devon Business Forum might well have answered such questions ….. yet another reason why it remains in the long grass …
So, farewell Nigel Harrison, Economic Development Manager
… who slipped away quietly yesterday after having managed to avoid scrutiny of his role in the East Devon Business Forum for the past 18 months – but then EVERYTHING avoids scrutiny at EDDC now.
Will he pop up in South Somerset where the perfect job for him seems to have been recently created?
Economic Development Manager slips seamlessly away
Only a perfectly timed question from Cllr Claire Wright to Deputy CEO Richard Cohen, most appropriately at yesterday’s Overview and Scrutiny (O&S) Committee meeting, obliged Mr Cohen to mention that it happened to be Nigel Harrison’s last day at the office that very same day.
Mr Harrison was of course due to be the Lead Officer at a special O&S sub-committee, the so-called Business TAFF, although he had kept out of public view since the Telegraph’s Councillors for hire story broke (March 2013), and his expected resignation confirmed last month, came as no surprise to many. See http://eastdevonalliance.org/2014/09/24/lead-officer-of-stalled-business-taff-to-quietly-disappear/
So it seems that the fledgling Task and Finish Forum (TAFF) charged by the O&S Committee to carry out ‘an in-depth study’ on the relationship between EDDC and what was called the East Devon Business Forum (EDBF), has had its wings clipped yet again.The TAFF has been grounded for well over a year as the police investigation into key witness ex-councillor Graham Brown has dragged on. Now that another key player, the Economic Development Manager, has melted away, along with the Monitoring Officer in question, and of course the EDBF itself, will the Business TAFF ever get to fly?
More on the subject at http://eastdevonalliance.org/2014/08/04/eddc-ministry-of-magic/
By far our most popular recent post
http://eastdevonalliance.org/?s=gizza
The more we read the job specification at our sister council in South Somerset the more it sounds utterly perfect for our departing Economic Development Manager and ex-Hon Sec of the East Devon Business Forum, Nigel Harrison.
But perhaps the large number of hits was other EDDC officers seeing an escape from the problems of our Local Plan? Oh no, that can’t be right: they haven’t got one either!
MPs want secret probes of iffy expenses to “protect their reputations”
Where majority party MPs lead, EDDC’s majority party usually follows:
‘To introduce measures which undermine transparency is foolish and perverse at a time when we are looking for increased transparency,’ he added.
‘This means that MPs will be able to string out the thing for as long as they like rather than everyone knowing there is an issue to be investigated.
‘This is a retrograde step when you consider that it was a lack of transparency which led to the expenses scandal in the first place.’
Oh, wait: the MPs are following EDDC on this one – EDDZc got in first with Browngate and the East Devon Business Forum where deathly silence prevails.
It will be interesting to see what they do with Browngate 2 – where the disgraced ex-councillor will make much more money than it costs for a duckhouse if things go his way – again!
Standards’ Committee postponed until 28 Oct, as ‘Lobbying’ report delayed
So the debate about what is, and is not, ‘ lobbying’, is on hold at EDDC.
Meanwhile, the discussion continues apace at http://futuresforumvgs.blogspot.co.uk/2014/09/district-council-meets-to-consider.html
What is it about our local National Farmers Union?
You may recall that disgraced ex-councillor Brown represented the National Farmers Union (even though he now says he wasn’t a farmer) at the East Devon Business Forum. And now we read of yet another NFU senior official with planning connections in difficulty:
Our “transparent” council: a test
It seems such a straightforward request – but we know from past experience that our council is anything but transparent. Now here is an opportunity to begin putting its house (and disgraced ex-Councillor Brown’s) house in order.
Have we missed anything?
So, let’s review the current situation.
We have one councillor who resigned 18 months ago after a sting that made the front page of the Daily Telegraph. He was concurrently: A district councillor, Chairman of the council’s first Local Plan panel which met in secret, the council’s Business Champion, Chairman of the East Devon Business Forum, a planning consultant, builder, and at least for some of this time, a farmer who neglected to tell anyone that he was allegedly reducing his farming activities so much that the agricultural tie on his house had lapsed long enough for him to be able to ignore it when he sells said house as he has managed to stay under the radar for more than 10 years and therefore gets what he wants even though this could be seen as something a councillor should not do.
We have one Economic Development Manager who was concurrently the Hon Sec of the (totally subsidised by EDDC) East Devon Business Forum whilst at the same time responsible for making (usually favourable) comments on planning applications for EDBF members. At the point where EDBF disbands he disappears into the EDDC woodwork for 18 months and nothing is heard of him until he suddenly reappears this month to gather garlands at an EDDC committee meeting for work none of us had heard of during that time, soon after which it is leaked out that he is leaving EDDC next month. For the whole of those 18 months the CEO, Mark Williams, has refused to allow an EDDC Task and Finish group on the influence of EDBF on the (non) Local Plan to meet (and thereby question) Mr Harrison.
We have one ex-Monitoring Officer who, we know, at first thought her only action after the Daily Twlegraph sting, should be to report the fact to “Action Fraud” (which monitors internet scams) and not the police which wasted valuble time and who, we also know, received many, many complaints about all of the above from members of the public but no action was ever taken. Said officer left EDDC in a very low-key way last month to be replaced (temporarily and without going through any committee) by the Legal Officer of South Somerset District Council (with whom we share a CEO) – said Legal Officer presumably also continuing his job at South Somerset.
Have we missed anything?
Lead Officer of stalled Business TAFF to quietly disappear
Nigel Harrison, EDDC’s Economic Development Manager (EDM) , is to step down in October this year. This must surely come as a complete surprise to Chief Executive Mark Williams who, just a few weeks ago, gave a public assurance that Mr Harrison would remain as Lead Officer for the Business TAFF. And was Cllr Frances Newth similarly in the dark? No hint was given about this unfortunate imminent resignation, while she gave fulsome praise to Mr Harrison for helping one small business in Sidmouth (sadly, it wasn’t the town’s signature shop, Trumps), when he made only his second brief appearance, at the recent Overview and Scrutiny Committee, since the embarrassment of March 2013.
In his role as the council’s EDM, Nigel Harrison was of course a close associate of the then Chair of the now defunct East Devon Business Forum (EDBF), ex-councillor Graham Brown, who has been in the news again this week http://www.exeterexpressandecho.co.uk/Concerns-raised-East-Devon-councillor-attempts/story-22966678-detail/story.html
Postscript:
The Business TAFF (‘Task and Finish Forum’) is the Scrutiny Committee set up to take “an in-depth look” at the relationship between East Devon District Council and the EDBF. Its purpose was not to scrutinise solely the EDBF Chair, Graham Brown.
Key Witnesses
1. A key witness in this relationship would be Nigel Harrison, but he has apparently so far been unavailable to talk to the Business TAFF Chair, Cllr Graham Troman. It is unfortunate that his resignation is timed for before the TAFF reconvenes (TAFF date continues to be deferred, seemingly on the recommendation of the Chief Executive).
2.By chance, another potentially key witness, former EDDC Monitoring Officer Denise Lyon, has similarly resigned.
One particular question the Business TAFF would like to ask, when it is finally allowed to do so, is why the East Devon Business Forum is no more.