Officers rule OK!

The following article appeared in Private Eye:

“A surreal lesson in how democracy works – or doesn’t – from Herefordshire.

County councillors were unanimous earlier this month in reversing a cut imposed by the council’s cabinet in the provision of free school buses for hundreds of children across the county. Even the cabinet members voted against their earlier decision. Yet days later the council announced: “This… does not change the policy position for home to school transport set by cabinet in December, which will take effect in September 2014.”

Officers told gobsmacked councillors the cuts would go ahead without any further reference to them. They explained that under local government legislation the decision of the cabinet, once made could not be un-done.”

Even in parliament members can overturn a decision of the cabinet. Why can’t councils?

Jurassic Coast seeks sympathetic businesses

As EDDC’s projects for commercialising our coastline get underway, notably at Exmouth, the Jurassic Coast newsletter makes interesting reading.
It includes an invitation to an event on Tuesday 20th May in Sidmouth, for small or medium-sized businesses who’d like to be associated with the promotion and conservation of the Jurassic Coast. See Calling all East Devon Businesses! at this link: http://jurassiccoast.org/index.php?option=com_content&view=category&layout=blog&id=371&Itemid=238&utm_source=newsletter_20&utm_medium=email&utm_campaign=jurassic-post-edition-33

Legal problems with DMC decision on Newton Poppleford..an explanation

See http://sidmouthindependentnews.wordpress.com/2014/04/16/dmc-decision-on-newton-poppleford-planning-application-fell-foul-of-regulations/

Newton Poppleford – King Alfred Way – update and how to object AGAIN

Latest communication from EDDC below.  How many more cock-ups do we have to suffer?

Dear Sir/Madam

TOWN AND COUNTRY PLANNING ACT 1990
PROPOSAL: Outline application for the development of up to 40 houses, doctors’ surgeryand associated infrastructure, open space and landscaping (all matters except access reserved)

LOCATION: Land South Of King Alfred Way Newton Poppleford Sidmouth

I refer to the above-mentioned planning application which was recently approved by the
Council. Unfortunately the decision of the Council was recently subject to a legal challenge
in relation to a perceived procedural error in the processing of the application which the
Council has chosen not to contest. As a result of this action the decision has been
quashed and the matter will now be redetermined. All of the comments that you and other
residents made on this application will be reconsidered and therefore there is no need for
you to re-send us comments that you have already made.

You should however note that a new screening opinion has been made to determine
whether the application should be the subject of an Environmental Impact Assessment and
this opinion is available at the Council Offices, Knowle, Sidmouth and on the Council’s
website. If you wish to comment on the revised screening opinion please ensure that your
comments are made in writing to us by the 28th April.

Whilst writing I can also inform you that it is our intention to put the application on the
agenda for consideration by the Council’s Development Management Committee at their
meeting on the 8th May 2014.

The meeting will take place at The Council Chamber, Council Offices, The Knowle,
Sidmouth. The start time of the meeting and the agenda will be published on the Council’s
website at least 7 days before the meeting.

Members of the public are welcome to attend and speak at this meeting for up to 3 mins.
You are not permitted to distribute handouts at the meeting. If you wish to speak on a
particular application, simply enter your name on the sheets located near the entrance to

East Devon District Council
Knowle
Sidmouth
Devon
EX10 8HL
DX48705 Sidmouth
Tel: 01395 516551
http://www.eastdevon.gov.uk

the Council Chamber, in the corresponding section which indicates whether you are a
supporter or objector.

You should, however, note that any correspondence submitted in response to the
application will have been summarised in the Committee report. Where there is a group of
objectors or supporters, a spokesperson should be appointed to speak on behalf of the
group.

If you have any queries regarding this application, please contact the Central Team on
01395 571596.
Yours faithfully
Central Team
For Head of Economy-

 

Pots … kettles: Councillor Mike Allen resigns from Honiton Town Council saying it is undemocratic

 

When might we expect his resignation from EDDC for the same reason one wonders:

In his letter Cllr explained that his district council commitments had also contributed to his decision to resign but he said he believed the chairing of the key debates on the Beehive have been “undemocratic”.

Councillor Allen was the Chair of EDDC’s Local Plan Panel (2) who refused permission for Councillor Roger Giles to speak on Ottery St Mary and was later censured for that.

Read more: http://www.exeterexpressandecho.co.uk/Honiton-councillor-resigns-Beehive-Community/story-20960711-detail/story.html#ixzz2yyQigK00

Royal Institute of Chartered Surveyors believes some planning authorities are meeting targets for housing whilst “still being ineffective and displaying poor practice”

From their website

1 Apr 2014

We would like RICS members to help us compile a submission to the inquiry into the operation of the National Planning Policy Framework (NPPF), launched by the Communities and Local Government Committee earlier this month.  The inquiry follows research, published 4 April, 2014, that found some local planning authorities may be meeting the government’s planning performance targets despite being ineffective and displaying poor practice.

[The Research referred to above can be found HERE]
While the research suggests that the NPPF has been broadly welcomed, there needs to be a focus on good practice in local planning authorities if its potential is to be realised.  The research suggests that government planning performance targets may be driving perverse behaviour. This is especially worrying as the research also finds that a focus on good practice in local planning authorities is required if the NPPF is to be fully effective.

Clive Betts MP, Chair of the Committee Betts added that a number of local authorities are exemplary according to the performance data but described as ‘horrendous’ by those with first-hand experience of working with them. The committee particularly wants to hear about the impact of the framework on planning for housing, town centres and energy infrastructure.

The NPPF has had a seminal influence on the work of RICS members all three of those areas and more. With members working on both sides of the planning fence and across all sectors, RICS is uniquely placed to offer real insight. Through a submission to the inquiry, this is our opportunity to comment significantly on one of the most influential changes to planning policy in decades.
Jeremy Blackburn, Head of Policy & Parliamentary Affairs at RICS Full details can be found on the on the Committee’s website. This includes a link to the terms of reference, guidelines and to the full research document and a summary document.

RICS members, can of course, reply to the inquiry as individuals. If you do, we would ask that you send a copy of your submission to the RICS Policy team to help inform our response.

Tory Planning Minister Nick Boles agrees with EDDC Independent Councillor Roger Giles

So, it isn’t just Independent Councillor Roger Giles who thinks EDDC should be held to account for messing up the Local Plan (again)- the Planning Minister Nick Boles agrees with him!  In the article posted below, Boles says:

 

….. that councils have had a decade to shape where developments should or should not go with three quarters of local authorities having produced a draft plan and residents of the other “slow coach” councils should hold them to account.”

You will recall that EDDC’s Leader, Paul Diviani, when taken to task by Councillor Giles said that he was “very relaxed” about this situation.

Councils being “hustled” by central government into building on greenfield sites” says Telegraph

Story here:http://www.telegraph.co.uk/earth/greenpolitics/planning/10763789/Local-authorities-hustled-into-passing-greenfield-planning-permissions.html

The EDDC ‘Champion for Tourism’

Can anyone point us to anything that EDDC’s ‘Champion for Tourism’ has said or done that was useful for the district?  Googling her name and East Devon for the last year gives up one reference where she adds her name to ‘Devon is Open for Business’ after the recent storms.

Can anyone name her without looking it up?

 

 

Selective amnesia

DMC chair Helen predictably supported the motion to restrict public speaking at planning meetings, at last night’s council meeting.
The public don’t need to say a lot because their interests are stoutly defended by councillors and officers, she argued.
Has she forgotten that the destruction of the Seaton/ Colyford green wedge was supported by officers, and was only prevented by a massive turn-out of residents who argued persuasively – and at length- against concreting it over?
She failed to mention, too, that she herself had not voted against the green wedge proposal, on the grounds that her husband had already objected. See https://eastdevonwatch.org/2014/02/04/green-wedge-success-was-not-down-to-district-council/

 

Disaster for East Devon and for neighbouring districts.

More reactions to the rejection of EDDC’s Local Plan , are flooding in to EDA. This one, sent in from Sidmouth,  is typical.  It has a powerful postscript:

The Inspector’s conclusions:
• The proposals are unsound in every respect. EDDC has ignored all advice and evidence.
• East Devon has no Plan.
• The whole process has been flawed. The proposals were not evidence-based.
• No adjustments can be made. The Council must start again.
April 2014

The National Planning Policy Framework (NPPF) means:
There is now nothing to stop developers doing whatever they want in the Sid Valley and AONB.
Paragraph 14 insists development proposals must be granted permission “where the plan is absent or silent or relevant policies are out-of-date.”
The people of East Devon will now have to prove that “any adverse impacts would significantly and demonstrably outweigh the benefits”
Paragraph 32 states that a refusal on highways grounds can only be sustained if the impact is “severe.”

The only people that can fix the NPPF are in Parliament.
Write to Hugo Swire at swireh@parliament.uk

East Devon Local Plan takes a step forward (April 2012 EDDC press release)
EDDC is moving on to the next stage in its Local Plan process – creating the planning blueprint for the district up to 2026.
The Local Plan Panel is handing over responsibility for taking the policy document forward to EDDC’s Development Management Committee – its parent body.
The disbanding of East Devon’s Local Plan Panel comes as the Government publishes its National Planning Policy Framework (NPPF), which came into force on 27 March.
East Devon’s proposals are now coming together after years of preparation, but there’s still time for a degree of public consultation in the coming months before the policy document is finalised by EDDC and passed to the Government for ratification.

Councillor Paul Diviani, Leader of EDDC, takes up the story: “I have just returned from a meeting of the Local Government Association’s Rural Commission in London. Change for Local Government continues apace”.
“Having now been published, the National Planning Policy Framework (NPPF) puts decision- making firmly in the hands of elected local politicians. If the NPPF is silent, local Members of the Local Planning Authority will decide”.
Local Planning Authorities have until March 2013 to put their Local Plans in place and EDDC is on course to achieve that target. From that moment on, the Local Plan will become the major planning guidance document for East Devon.
For the next year, existing policies still carry the most weight, even if there is limited conflict with the NPPF. From March next year onwards, these local policies will be judged against how they match up to the NPPF guidelines.
Paul Diviani again: “At East Devon, the Development Management Committee (DMC) will now drive the Local Plan agenda and will report to Full Council. A schedule that came to the Cabinet on 4 April detailed all relevant further consultation with the people of East Devon and we have to adhere to that schedule to meet the Government’s deadlines. Everyone is encouraged to examine that schedule to see where representation can be made.
“In the meantime, I would like to thank everyone who has taken part in this protracted process, but especially the Local Plan Panel, in its various guises. Over time, there have been four Chairmen – Alderman Ray Franklin and Councillors Graham Brown, David Key and Mike Allen.
“Whilst the Panel was not empowered to make decisions, it performed a valuable function of consultation and evidence review, which will enable DMC and the Council to move on to the next stage. I am indebted to the Chairmen for the arduous task they have completed under considerable pressure. They and their Panels deserve their well-earned rest!
“Kate Little, Matt Dickins and the other Officers are to be congratulated on the speed and diligence of the evidence collation and I am confident after the final tweaks, that we have a document worthy of inspection and subsequent adoption”. April 2012

“LOOK ON MY WORKS YE MIGHTY AND DESPAIR!” ‘

 

“You are going to get a backlash”, Full Council is warned

Due to technical problems with the sound system , last night’s Full Council meeting may not have been recorded. So several short reports on this EDA website are intended to give an idea of the meeting, focusing on its most crucial  discussion points.

Firstly, proposed changes to rules on public speaking.

Opinions were strongly divided:

Cllr Button (Lib Dem) said that ” the Council should not even suggest that public speaking is being restricted”,   at a time when public confidence in the Council has been seriously eroded, with East Devon now left with the consequences of having no Local Plan  in place. “You are going to get a backlash,” he warned.

But Cllr Howe (Cons) disagreed. “I think we must restrict public speaking,” he told the Chair

An EDA observer sums up as follows:

‘The aim of the recommendations seemed sensible – reduce the risk of poor planning decisions by preventing overly-long meetings . But the proposed solution was bureaucratic, involving pre-registration, last minute shuffling of the order on agendas, overhead slides projecting planning law guidelines, disclosure of private contact details of speakers (Data Protection issues?), limitation of numbers of speakers supporting or objecting, extra opportunity for applicants or their agent to speak, a new timing clock and lots more.

What emerged eventually was recognition that all that was needed was stronger Chairmanship – reduce duplication, proper reading by members of Officers’ reports instead of word-by-word reading out by Officers, and smarter time management, particularly at Development Management Committee meetings.

The referral back to the Overview and Scrutiny Committee (OSC ), made at last night’s Full Council meeting,  could lead in that direction.’

It was noted that Cllr Bloxham  spoke for 27 minutes last night in his first explanation of the new rules. The four questions from the public took less than 10 minutes in total.

The Overview and Scrutiny could bear this in mind when they look at how to overcome the present problem of unduly lengthy meetings.

Full Council refers debate on public speaking to Overview and Scrutiny Committee

2014-04-09 17.16.48-1

The concerns of demonstrators outside Knowle Council Chamber tonight were also voiced by some Councillors at this evening’s meeting. In a recorded vote (details to follow), the Full Council voted by 26 votes to 22, with one curious abstention, in favour of postponing a decision on a proposed 12-month trial period of what some regard as “restrictive and prescriptive” new rules for public speaking. A proposal by Councillor Claire Wright set in motion a lengthy debate, which led to a majority vote for the matter to be referred for examination to the Overview and Scrutiny Committee for the first time. (It had so far only been before the Standards Committee).

Some of the issues, which apply to the whole of East Devon, are described in this letter from a Colyford correspondent :right to speak april 14 .

Clampdown on public speaking? Rule-change goes to a vote at Full Council tomorrow (Weds 09/04)

The Full Council at Knowle tomorrow evening, from 6.30pm, will generate much interest. A proposal has been made, to require public questions to be submitted in advance, and to have restricted numbers of speakers on either side of a debate. Some councillors have been asked to request a recorded vote on this particular agenda item. Full agenda here: http://www.eastdevon.gov.uk/09042014_council_agenda.pdf

Of democratic dialogue, and a fatally flawed Local Plan

Here’s a copy of an EDA  press release sent out today:
East Devon Alliance (EDA), active supporters of the successful Fight for Feniton’s Future, are delighted by the sound of champagne corks popping, as the village celebrates its reprieve from mass development, after a full scale public inquiry held at the beginning of the year, and masses of hard work. Inspector Jessica Graham has ruled that Feniton needs only one development, of 32 new homes, and not the more than 200 houses proposed. So campaigners for only appropriate development, CAN successfully engage in democratic dialogue, which is what the non-party-political network, East Devon Alliance, is all about.
But EDA warns that Super Inquiries like that held at Feniton, are not the norm. It predicts that glasses will be chinking more ominously elsewhere in East Devon, as developers celebrate their biggest boost in years, thanks to East Devon District Council’s incompetence. As Planning Inspector Anthony Thickett has found the East Devon District Council’s Local Plan is fatally flawed (even at the second attempt). And without a Local Plan in place, according to National Planning guidelines, there must be a presumption in favour of development.
Consequently, as EDA Vice Chair, Dr John Withrington says, “We should not be surprised if the Local Plan has to recommend many more houses than it does at present, to recommend substantially more growth in villages in East Devon, and for developers to be even more aggressive in their proposals as a result. And all this could have been avoided had EDDC got its act together.”
Given the seriousness of the situation, the starkly complacent comment by Council Leader Paul Diviani that he is “very relaxed” about starting work again on the Local Plan, is incomprehensible. The question is, on its past record, can EDDC be trusted to produce a Local Plan that meets the Inspector’s required standard? The signs are unlikely, unless the proposal to make restrictions on public speaking is rejected by this week’s Full Council (Weds 9th April, 6.30pm, Knowle) . As the events at Feniton have shown, sound plans come from more democratic dialogue, not less.

 

Informal tendering for “exciting” Exmouth seafront starts

It will all hinge on what people think is “exciting” and if that is what they want from their seafront.  “Exciting” can mean many things to many people!

http://www.exeterexpressandecho.co.uk/Developers-invited-submit-proposals-8220-quality/story-20928143-detail/story.html

Current problems with draft Local Plan accurately predicted in 2009

The potential problems with the 5 year land supply were all highlighted in July 2009 in the report of a Task and Finish Forum on 5 year land supply (here are extracts):

1. Our assessment of our District wide figures shows that we have only just over five years availability. An Inspector at a planning application appeal could take the view that this is close enough to the five year threshold to side with an applicant/dismiss our arguments.
2. The District wide five year figure is based on our assessment and assumptions we have made. A developer might challenge these and come to a different conclusion (i.e. that land supply falls under five years) and persuade an Inspector that his/her evaluation is the more accurate.
3. Circumstances change and assessment/s done at the present time (and initially in 2008) can and will be out of date in the future.

Unfortunately, the document has since been removed from the EDDC website.