Revised EU tendering thresholds

For those who understand these things (the figures at which tendering must follow strict rules on open access for contracts and contractors). This is the rule that EDDC fell foul of when attempting to relocate to Skypark.

“The European Commission has announced revised procurement thresholds that will apply from 1 January 2016.
The new thresholds, which will be in place for two years, are:

Supplies and services (central government and Schedule 1): €135,000 (£106,047);

Supplies and services (sub-central government): €209,000 (£164,176);

Works contracts: €5,225,000 (£4,104,394).

The threshold for social and other specific services (the light touch regime) will stay at €750,000 but currency changes mean this is worth £589,148.

The threshold for public concessions contracts is €5,225,000 (£4,104,394). In this respect Mills & Reeve’s Procurement Portal noted how the new Concessions Directive has not yet been implemented in the UK, although the draft Concessions Contracts Regulations 2016 have been published and are due to come into force on 18 April 2016.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=25276:brussels-revises-procurement-thresholds-applicable-from-january-2016&catid=53&Itemid=21

Price of land cannot be used as excuse to cut down on affordable housing

Alas this comes too late for several sites in East Devon, and in any case we have no Local Plan – a state of affairs that is therefore costing us affordeable housing as developers escape their responsibilities.

“The government has confirmed that developers cannot use site purchase price to argue that local affordability requirements would make a housing scheme unviable.

Responding to a London borough’s move to seek a judicial review of a planning inspector’s decision to accept a reduced affordable housing contribution, a letter from the Government Legal Department says it is the Secretary of State’s ‘unambiguous policy position’ that ‘land or site value… should reflect policy requirements’.
In other words, developers should have regard to local affordable housing requirements when agreeing a site purchase price and cannot then turn around and use viability arguments to challenge existing local policy.
The government’s statement was sent to Islington Council after a recent planning appeal decision on the Parkhurst Road ‘Territorial Army’ site.

The inspector had refused planning permission on amenity grounds, but had accepted the developer’s argument that only 14% affordable housing was viable because of factors including the price paid for the land, even though the developer could not demonstrate that it had taken Islington’s affordable housing policies into account when bidding for the site.

Unhappy with the inspector’s decision and the signal it sent on viability negotiations, Islington set out on the first step towards a judicial review by issuing a ‘letter before claim’ to the Secretary of State.
Islington said it received support for its stance from Brent, Hackney, Merton, Southwark and Tower Hamlets as well as a public statement of support from London Mayor Boris Johnson.

In the event, the government said it was not appropriate for Islington to pursue a judicial review in the light of the inspector’s refusal, directing it instead to argue its government-confirmed position on viability in future applications.

“Londoners desperately need more affordable housing, and we need to make sure developers are making a fair contribution. However we, and many other councils across London, are concerned that developers are using the viability process to argue they can’t afford to provide much or any affordable housing because they paid too much for land,” says James Murray, Islington’s executive member for housing.

“We are therefore pleased to have a clear confirmation from the Government’s legal department that the value of land should reflect policy requirements, which of course includes affordable housing.”
Islington says it is making copies of its legal advice, the appeal decision, its letter before claim and the government’s response available.”

https://www.architecture.com/RIBA/Contactus/NewsAndPress/Membernews/PracticeNews/2015/November2015/26November2015/Sitevaluemustreflectlocalpolicy,saysgovernment.aspx

Councillors disconnected from decision- making

This is an old report (December 2014) but raises some current pertinent issues. With the creation of “Greater Exeter”, the “East Devon Growth Point Enterprise Zone” and the with interference of the Local Enterprise Partnership in the devolution process, what now is the role of the back-bench councillor? Or even the councillors on the Cabinet who have not moved up the pecking-order to be involved in these new Quangos?

Is there still a role for councillors who are not in the Golden and Platinum Circles of power? Councillors in the ruling party and other parties who are increasingly isolated from decision-making at just about every level except the parochial (the natural domain of town and parish councillors)?

“A new study suggests there is a growing split among councillors, with backbenchers and cabinet members effectively becoming ‘two tribes’.
... Councillors that exercise executive decision-making powers, or those in waiting to occupy such roles, expressed persistently different views from what we might term “backbench” members, regardless of political persuasion.
‘Party groups are a means whereby any potential divisions were mediated, but the poll raises questions as to whether the party group is up to the task of restraining the institutional drivers of the modernisation agenda.

‘This study shows there is a need to find a way to better recognise the contribution of councillors who may be focused on serving their communities but feel disconnected from decision-making.’

http://www.localgov.co.uk/Modernisation-has-caused-tribal-mentality-among-councillors/37844

Hard luck if you want to enter or leave Sidmouth and Seaton car parks more than once after 9 pm

Whilst it is commendable that EDDC should wish to discourage boy racers in two car parks, one each in Sidmouth and Seaton or does beg the question – how do you get your car into or out of said car parks when the barriers are down between 9 pm and 8 am? Or are all Sidmothians and Seatonians safely in their beds by 9 pm and never going to work before 8 am? And what of those who have annual permits – will they get a discount because these car parks are no longer available for multiple use for half the day? “Dragon’s teeth” may well let you only in or only out but surely there must be times when they will not be appropriate for the ordinary car user who may, for all sorts of reasons need multiple exits and entry at times? And surely overtime is going to need to be paid to those who do the locking/unlocking? Hmmm.

http://eastdevon.gov.uk/news/2015/11/boy-racers-to-be-deterred-from-using-seaton-and-sidmouth-public-car-parks/

East Devon eighth least-affordable place in the country

Page 99 of current cabinet papers:

In East Devon:

Unemployment = 546 people as at September 2015. This is 0.7% of total population and represents a reduction of 136 since May 2014.

Working age population = 63.6%

Median full-time salary = £22,700

Earnings are 7% lower compared to the English average.

Average house prices to salary ratio are 11:1, which is the highest in Devon.

East Devon is the 8th least affordable district in England

(The Joseph Rowntree Foundation)”

Click to access 021215-combined-cab-agenda.pdf

Key decisions made by EDDC must be advertised 28 days in advance of meetings

For what Owl thinks is the first time ever, Owl sees that this appears on the first pages of the Cabinet agenda for the meeting to be held at 5.30 pm on 2 December 2015:

Click to access 021215-combined-cab-agenda.pdf

Page 12

Key Decisions are defined by law as “an executive decision which is likely :–

(a) to result in the Council incurring expenditure which is, or the making of savings which are, significant having regard to the Council’s budget for the service or function to which the decision relates; or

(b) to be significant in terms of its effects on communities living or working in an area comprising two or more wards in the Council’s area

In accordance with section 9Q of the Local Government Act 2000, in determining the meaning of “significant” in (a) and (b) above regard shall be had to any guidance for the time being issued by the Secretary of State.

A public notice period of 28 clear days is required when a Key Decision is to be taken by the Council’s Cabinet even if the meeting is wholly or partly to be in private. Key Decisions and the relevant Cabinet meeting are shown in bold.

The Cabinet may only take Key Decisions in accordance with the requirements of the Executive Procedure Rules set out in Part 4 of the Constitution and the Local Authorities (Executive Arrangements)(Meetings and Access to information)(England) Regulations 2012. A minute of each key decision is published within 2 days of it having been made. This is available for public inspection on the Council’s website http://www.eastdevon.gov.uk, and at the Council Offices, Knowle, Sidmouth, Devon. The law and the Council’s constitution provide for urgent key decisions to be made without 28 clear days notice of the proposed decisions having been published. A decision notice will be published for these in exactly the same way.

This document includes notice of any matter the Council considers to be Key Decisions which, at this stage, should be considered in the private part of the meeting and the reason why. Any written representations that a particular decision should be moved to the public part of the meeting should be sent to the Democratic Services Team (address as above) as soon as possible. Members of the public have the opportunity to speak on the relevant decision at meetings (in accordance with public speaking rules) unless shown in italics.

Aah, so this is what a ” small enterprise town” is – fewer planning rules!

We have to go back all the way to July 2015 for this explanation of ” small enterprise towns”, which Owl thinks shows that the “growth point” and Cranbrook have been in deep trouble for a while. And/or another back-door route for “Local Enterprise Partnerships” to assume control by the back door yet again?

Shall we soon see councils disappear entirely so that LEPs take their place, perhaps? Developers to control planning and housing, unelected and unaccountable LEPs to control everything else?

“In his Summer Budget yesterday, Osborne said the government will be “launching a new round of enterprise zones for smaller towns” across England.

Historically, enterprise zones have introduced relaxed planning rules and economic incentives for businesses to operate in them. A Budget document published alongside the chancellor’s statement says the government will now be inviting bids for a new round of zones.

The document says: “This new round will focus on ensuring that all places in England can benefit, including rural areas where appropriate, and the government encourages towns and districts to work with local enterprise partnerships (LEPs) to develop bids.”

In May, Osborne said he was inviting bids to create new enterprise zones as part of his proposals to boost the northern economy.

Melanie Leech, chief executive of the British Property Federation, said: “Enterprise zones can galvanise government incentives, increase local government commitment to an area, and help businesses set up or expand.

“We therefore support the government announcing a new round of enterprise zones, and agree with its emphasis on LEPs having a role, and that they are seeking to support a broad spectrum of different business areas, whether that be industrial or retail, urban or rural.”

http://www.planningresource.co.uk/article/1355372/summer-budget-osborne-calls-small-town-enterprise-zones

We hear in the press that Diviani and Williams were in the House of Commons yesterday:

http://www.exeterexpressandecho.co.uk/Green-light-East-Devon-Sedgemoor-Enterprise-Zone/story-28248291-detail/story.html

Did they have the begging bowls out or were they plotting something more Machiavellian one wonders.

“95% reject Exmouth seafront plan”

Good luck with that, good people of Exmouth – EDDC’s default position in such cases is to go with the views of the 5%, which includes the views of their favourite people of all time – developers.

http://www.exeterexpressandecho.co.uk/Survey-shows-8216-95-reject-Exmouth-seafront-plan/story-28245099-detail/story.html

“Local councils warn of critical funding crisis as £18bn grant is scrapped”

“Town halls are facing a £4.1bn a year black hole in their budgets that not even the closure of every children’s centre, library, museum and park could fill, council leaders have warned.

George Osborne’s decision to axe the central government grant to councils over the next four years came in a comprehensive spending review that the Local Government Association (LGA) chairman, Gary Porter, a Conservative peer, described as a tragic missed opportunity to protect the services “that bind communities together, improve people’s quality of life and protect the most vulnerable”.

http://gu.com/p/4ehxg

East Devon: third highest median age in the country

Only Eastbourne (71.5)and King’s Lynn (69.7) have higher median age than East Devon (69.1):

http://gu.com/p/4eg9y

and only luxury retirement housing being built!

Exmouth ” phased development” – pull the other one!

Just love the last sentence in this article from Exmouth Journal website! Councillors now totally redundant ( see also post below on Knowle redevelopment).

Exmouth Fun Park, in Queen’s Drive, is in the area East Devon District Council (EDDC) wants to redevelop with new buildings and leisure facilities – the so-called Splash.

Redevelopment of the fun park was not scheduled to occur until ‘phase three’ of this plan, earmarked for a later date.

However, EDDC now says it needs to fill in the park’s two boating lakes sooner, in order to create a site compound for contractors working on phase one of the redevelopment – the realignment of Queen’s Drive.

The plan to move the road is in a separate planning application, which was backed by a majority of members of Exmouth Town Council’s planning committee – although some said it was premature with detailed plans for the whole area not yet revealed.

However, considering an application to fill in the lakes, councillors voted to defer until legal action regarding the site had been concluded, and a public consultation could be carried out.

Councillor Maddy Chapman said: “I ask this be deferred until after the court cases, and until we know what’s happening, and we can go out to public consultation and we all know what we’re doing.”

Councillor Steve Gazzard said: “The whole idea, as I understand it, was to see what the people of Exmouth would like to see on that site.

“If you are going to fill in two ponds, I take it, rightly or wrongly, that a decision has already been made. I don’t like that.”

An EDDC spokesman said: “The applications considered by Exmouth Town Council have been submitted to ensure that the relocation of the road and car park can move forward at the earliest opportunity. We are currently going through a legal process with the fun park tenant and it would be inappropriate to make any further comment at this stage.”

EDDC planners will decide on permission.

Pegasus to exhibit plans for Knowle

And no doubt to do a bit of marketing. Interesting that they have done test drilling and these plans before getting planning permission … just the little matter of councillors voting to decamp to Honiton.

Surely they all have a prejudicial interest and it should be called in? Not that it will help … Wonder how many apartments will be affordable – LOL!

“A spokesperson for the developer said: “We wish to consult with the local community before progressing our proposals and are holding two public consultation events, the first in November, to give local residents an opportunity to view and comment on our initial scheme.”

Representatives from the firm will be at the Woodlands Hotel, in Station Road, on Tuesday, November 24, between 2pm and 7.30pm, and again on Wednesday, November 25, between noon and 7.30pm.”

http://www.sidmouthherald.co.uk/news/pegasuslife_to_unveil_knowle_vision_at_pair_of_exhibitions_1_4317498

East Devon Business Forum RIP

Anyone remember this?

Planning planted firmly on the Business TAFF agenda

The Economic Development Manager (and Hon Sec of the East Devon Business Forum which dissolved after the Graham Brown affair), Nigel Harrison, has of course quietly moved on.

And now it is discreetly noted, amongst many other things in the minutes of the 3-hour-long Overview Committee (22 Sep 2015), that “The Business Taff was no longer considered to be required or the best way to improve communication with business in East Devon”.

(See last line on page 4, Item 12, Economic development, at this link http://eastdevon.gov.uk/media/1366334/171115-overview-agenda-combined.pdf )

So whatever was all the fuss about?

Press release on Mill Street Car Park future to be published on 10 December 2015

How do we know?

Click to access 171115-overview-agenda-combined.pdf

Page 60 (last page)

Thursday: too late for that week’s local papers.
What is stopping the press release being published before that date Owl wonders.

Picking and choosing – EDDC doesn’t partner with Exeter to tackle homelessness, Teignbridge does

Also in the latest Express and Echo, it is revealed that Exeter has the highest level of homelessness outside London.

Exeter and Teignbridge have announced that they will work together to tackle it.

Silence from East Devon – where two homeless men have died on the streets of Sidmouth in the last few months – one in a freezing bus shelter and one in a church porch (where the church is trying desperately to do its bit to help people).

Are the homeless invisible to our council?

Cranbrook: Part of Exeter and East Devon Growth Point not East Devon

WOW – we have a new website “exeterandeastdevon.gov.uk” so “Greater Exeter” really does exist!

The website is being used to ask Cranbrook residents what they think about their community (and offering the carrot of the chance to win one shopping voucher as a prize for filling in the questionnaire).

Funny, we thought Cranbrook was in East Devon and East Devonians were in charge! But “Growth Point” is obviously something very different! Amalgamation without consultation continues apace. We wonder how many people who anticipated being in a semi-rural town in East Devon but with good links to Exeter actually feel about becoming just another suburb of Exeter?

“Cranbrook invited to have a say about their community for a chance to win a £50 shopping voucher!

“The annual Cranbrook Community Questionnaire is now landing on doorsteps asking residents for their views, ideas and priorities for the future of their town.

This year there is an added incentive, a £50 shopping voucher! To be in with a chance of winning Cranbrook residents just need to respond to the survey by the deadline of 21 December 2015.

The Cranbrook Community Questionnaire is organised and sent out jointly from East Devon District Council and East Devon Volunteer Services Association (EDVSA) and is a valuable tool in helping the community grow and identify needs of residents.”

http://www.exeterandeastdevon.gov.uk/cranbrook-community-opinions-sought/News-Article/

Breaking News: Exmouth Town Council supports seafront development

The front page headline of today’s East Devon Express and Echo says “Town Council backs seafront first phase – no objection to road changes paving way for redevelopment”.

The story goes on to say this means they support road realignment, parking areas, demolition of beach huts and DJs Diner, though reservations of some councillors led to deferral of plans for infilling of ponds at the Fun Park.

Campaigners for the Facebook Group “Save Exmouth Seafront” are incredulous that public opinion has not swayed the town councillors. They also point out that no planning application has received permission yet EDDC is committing at least £1.5m for the programme when no developer contribution has been offered towards the work.

Objections to the plans must be made by midday on 27 November 2015.

Community Infrastructure Levy – to be reviewed even before we get it!

EDDC has got nowhere near introducing CIL – and now the government wants to review it! Heel-dragging on the Local Plan means it hasn’t happened here. It was supposed to fund infrastructure from developers.

Well, at least EDDC won’t need to write anything about it!

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=25168:dclg-launches-review-of-community-infrastructure-levy&catid=63&Itemid=31

Seaton to lose its Voice?

Yet another example of East Devon District Council cherry-picking which assets it sells and which it keeps.

You might think it was simple: sell those that don’t make money and keep those that do. But it isn’t that simple when it comes to the arts and the community. Money was poured into the Honiton Beehive complex (£300,000 plus and maybe much more gifted, not loaned), the Thelma Hulbert Gallery, also in Honiton, has never made money but we are not allowed to know exactly how much it loses and the Manor Pavilion (Sidmouth) is similarly a financial mystery. EDDC hived off its leisure facilities to Leisure East Devon years ago but we are never too sure how much that company still receives in subsidy – information is scant.

But not so Seaton Town Hall – the town’s only arts and entertainment venue run by local social enterprise company Seaton’s Voice and called The Seaton Gateway. [A social enterprise company is not a not-for-profit company, it is simply a normal company that has a social mission as part of its Memorandum of Association according to government information]

Currently, the Gateway occupies the large ground floor which includes a large hall and bar facilities, the town council has the much smaller first floor and the museum the even smaller top floor. The upper floors are not accessible to disabled people having many stairs for access. The Gateway has three directors who run the venue with a large number of volunteer staff.

For some years, it appears that EDDC was prepared to subsidise The Gateway – which has made a name for itself with regular musical entertainment, live theatre broadcasts and rooms rented out to local groups and societies – EDDC has just written off a £30,000 loan it gave to Seaton’s Voice and was also paying 20% of the building’s utility bills.

Now all has changed. EDDC wants to divest itself of Seaton Town Hall and will only entertain transferring it to the town council and not to Seaton’s Voice.

However, in a twist of fate, at the same time, Devon County Council was keen to get rid of its own building in Seaton – the former Marshlands Centre which has been closed for some time – and for a knock-down price and the town council decided to buy it from them, using its reserves for the purchase, fearing that such an opportunity might not happen again.

This has put Seaton Town Council on the horns of a dilemma: move into its own almost purpose-built accommodation which it would own and run for itself or share an old building where the vast majority of the space is taken up by a private tenant which has been used to being subsidised or keep both buildings and all the financial pressures and problems of owning them both. But at the moment the Council IS saying both rather than one or the other.

It has been revealed that to make the building fit-for-purpose, the town council would need to take out a Public Works Loan of £400,000 plus and The Gateway company would need to fundraise around £200,000 – massive amounts for a small town council and for a small company.

If it keeps the town hall and raises the money, the town council will have a tenant which needs most of the useable and income-producing space but which operates with a shoestring staff of volunteers and which has not been used to operating at full cost and which will presumably also expect some sort subsidy from the town council.

In yet another twist of fate, the company running The Gateway has now said in the pages of the local press that it will not co-operate with the town council on a plan for the town hall now that it is purchasing Marshlands, because the council discussed the purchase behind closed doors without including them, and fearing, presumably and probably correctly, that the town council’s priorities cannot be its priorities.

It seems now that either the town council will decide it does not want the town hall at all or it will take on two buildings with the result that they will of necessity have much less to spend on the Town Hall than if it had been the only building it owned. But at the moment the Council IS saying both rather than one or the other.

So, we have SOME arts and community venues being subsidised by EDDC, and one it doesn’t want to subsidise and wants to slough off onto a small town council which would have to raise its precept in order to subsidise a private business to provide arts and community services.

Well done, EDDC. Still, at least councillors in the new HQ in Honiton will be able to pop to the Beehive and the Thelma Hulbert Gallery in their free time.

If Devon can’t work with Devon on broadband – whither a bigger Devon and Somerset merger?

Press Release from
B4RDS (Broadband for Rural Devon & Somerset)

Asked when Devon & Somerset might have a 95% minimum coverage, Phase 2, superfast broadband programme up and running, during the Nov 16 DCC Place Scrutiny Committee hearing, all that Ms Keri Denton, Programme Director for Connecting Devon & Somerset (CDS) could reply was: “How long is a piece of string”.

This follows the failure of CDS to secure a Phase 2 supplier for rural Devon & Somerset in June 2015, by when all other UK Counties had put their Phase 2 programmes in place. Only Devon & Somerset now remain without a 95% programme in place meaning that rural properties could now be waiting many more years before their broadband speeds improve.

It was also confirmed during the Scrutiny Committee hearing that the reason CDS failed to agree a Phase 2 contract with BT in June was because not one District Council in Devon was prepared to commit the match funding that CDS needed to draw down £22.75M from central government for the programme, although every District Council in Somerset had committed their match funding contributions. The failure of Devon County and District Councils to work together on this means that not only Devon’s rural taxpayers, but also those in Somerset, have now scheduled date for when their broadband service, often with speeds below 2Mbps might improve. Having committed match funding, Somerset Districts now have their own board representative on the CDS Project Board from which Devon Districts remain excluded. With many Scrutiny Committee members being District as well as County Councillors, Ms Denton asked for their help to get Devon Districts into the programme.

The current best estimate as to how long a piece of string may be seems to be July 2016, which will be over a year after all other UK Counties secured their Phase 2 funding and got the project underway. Government ministers still talk about all the UK having 95% superfast (>24Mbps) coverage by the end of 2017, but by July 2016, CDS will have spent two and a half years trying to put a Phase 2 contract in place and next July they will only give the chosen suppliers 18 months to deliver the project. The end of 2017 now looks like a target that will be missed.

While Devon County and District Councils continue to fail to work with each other on Superfast broadband, businesses prepare to more out of rural areas to the towns because they cannot keep their website shop windows up to date at 2Mbps and rural houses become impossible to sell when prospective buyers learn they will get no more than 2Mbps from their ISP’s.

Note to Editors:
A webcast of the Nov 16 Place Scrutiny Committee hearing is on line at
http://www.devoncc.public-i.tv/core/portal/webcast_interactive/178939 (Move slider to 2.40.30 in)