“Judge quashes grant of planning permission for watersports hub”

“The Administrative Court has quashed Cheshire West & Chester Borough Council’s grant of planning permission for a watersports centre after finding that this changed from a facility for members to one for the public without proper notice to objectors.

HHJ Raeside said Clive Sykes, who lives next door to the site concerned, argued that the council failed to consult on a submission of last-minute information altering the nature of the application from members only use to that of the general public.

In Sykes v Cheshire West & Chester Borough Council [2018] EWHC 3655 (Admin) Mr Sykes argued there was no opportunity for the public to make representations on this late information and the failure to consult was contrary to rules of natural justice.

The judge said: “Any fair reading of a combination of one or more salient planning documents published…prior to the day of the planning hearing make it palpably clear that it was their intention…that the Watersports Hub was to be for use of a private club mainly the boathouse and that had existed for many years before, well-known for its members only [policy].”

He rejected the council’s claim that the change from this to an application for a facility for public use could be reasonably called “a clarification”.
“It is difficult to imagine how a change of use of facility from members only to those of the public can possibly be described as a ‘clarification’,” he said.

“In the ordinary use of the English language this is best described as a volte-face (of course allowing the introduction of French into the English language).”

The judge though dismissed two other grounds argued by Mr Sykes, that the council failed to heed environmental protection team advice that a full assessment was needed of the noise impact, and that planning committees were misled into believing that consultees had been aware the wider public would have access to the facility.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=35472%3Ajudge-quashes-grant-of-planning-permission-for-watersports-hub&catid=63&Itemid=31

“Inpatients at Exmouth Hospital to be temporarily relocated during fire safety improvement project”

Owl adds: Did you know there were closed wards at Exmouth Hospital?

“News Release 16 May 2018

Inpatients at Exmouth Hospital are being temporarily relocated to another ward on the site while building owner NHS Property Services invests in fire safety improvements.

Beds on Doris Heard Ward are being moved to the vacant Geoffrey Willoughby Ward while a £50,000 project to safely remove asbestos and improve fire resistance takes place. A deep clean and air testing will also take place.

The works, carried out by Integral, will be undertaken from 21 May with the ward planned to be fully reopened during the week commencing 11 June 2018.
Due to the constraints of Geoffrey Willoughby Ward, the number of available beds will be temporarily reduced from 16 to 12 during this period.

Rosemary Kearney, Senior Facilities Management Business Manager for NHS Property Services (NHSPS) in the South West, said: “We’re working closely with our partners at the hospital to ensure services can, as far as possible, continue as normal.

“We’re sorry for any inconvenience but this is an essential project that will ultimately improve the fabric of Exmouth Hospital for patients for years to come.”

Donna Robson, Royal Devon and Exeter NHS Foundation Trust’s Matron at Exmouth Hospital, added: “Maintaining continuity of care for patients is our top priority. We’ve been working with NHSPS to ensure that any disruption is kept to a minimum during these necessary maintenance works. We’d like to thank our patients and visitors for their understanding during this time.”

All other services at the hospital are unaffected and patients should continue to attend their appointments as normal.

The need for the work was identified as part of a survey undertaken by NHSPS.”

The press release also includes background information for editors on NHSPS. This is not usually published with the press release but is information in the public domain, so Owl reproduces it here:

“NHS Property Services brings property and facilities management expertise to thousands of sites across the NHS estate.

At a time of major change and increasing demand for the NHS, NHS Property Services is reducing costs, creating a more fit for purpose estate and generating vital funds that are being reinvested to support improvements in frontline patient care.

The company’s portfolio consists of 3,500 properties – worth over £3 billion – which represents around 10 percent of the entire NHS estate. The vast majority of our sites are used for clinical, local healthcare and fall into one of three categories:

Health centres and GP surgeries; Hospitals/hospital- related properties; or Offices.

The company has a major role as both landlord and service provider for its NHS customers. Services fall into four main business areas:

1. Strategic estates planning – supporting our customers to deliver healthcare premises that meet future needs for patient services

2. Asset management – proactive asset management to create value and reduce overall costs of property

3. Construction project management – managing the development of new buildings and refurbishment of existing buildings, along with investment in our estate

4. Facilities management services – including health and safety, maintenance, electrical services, cleaning and catering.”

“Concerns raised over plan for Exmouth seafront temporary car park”

Owl says: This is what happens when you run a council as a business and not as a public service.

“East Devon District Council (EDDC) is seeking to create 13 spaces on land behind the rowing club, in Queen’s Drive.

The plot, owned by the authority, has previously been used by Exmouth RNLI for storage.

Tony Crowhurst, vice-chairman of Exmouth Rowing Club, has questioned the financial viability of the car park, adding: “There is a lot of work that needs to be done to create a safe car parking space which I don’t think they will recoup.

“The fact that they are going to be using the duck pond for events – we’re going to have a double whammy of people parking to use that area and those parking behind us.”

Mr Crowhurst also questioned the impact the plan will have on the club’s ability to transport their boats across the road to the beach.

He said: “We’re a local club and have got around 80-odd members. We do a lot of things in the community but this will make our ability to transport boats across the sea even harder.

“Already, people will park in front on the club and go dog walking for one or two hours and we can’t get our boats out.

“I would say at least once a week we’re in a situation where we have to ask people to move their cars from the front of our gates.”

An EDDC spokesman said it is aware of the rowing club’s concerns and believes they can be resolved.

Exmouth Town Council’s planning committee is set to discuss the application on Monday (April 30).

EDDC’s cabinet is due to decide whether or not the proposed facility should be included on the authority’s parking places order.

According to agenda papers for the meeting to be held on Wednesday, May 2, at Knowle, Sidmouth, officers are recommending that councillors approve this.

EDDC say they have sought cabinet approval prior to planning permission as they intend to have the car park operational by this summer.

A spokesman for EDDC said: “We are hoping to be able to offer the car park for public use this summer so we are running both of these processes in parallel to save time.”

EDDC planners will make the final decision on the application.”

http://www.exmouthjournal.co.uk/news/exmouth-rowming-club-objects-to-new-seafront-car-park-1-5491480

Best live in western East Devon and not in northern or eastern East Devon!

In some parts of East Devon you are lucky to get a couple of buses each day!

“East Devon District Council gave the go ahead to fund four projects, unlocking new jobs and employment space locally.

Some £530,000 has been allocated over three years for an ‘enhanced’ bus service connecting the Enterprise Zone – Exeter Science Park, Skypark, Airport Business Park and Cranbrook town centre – and Exeter, with some services also running to Woodbury and Exmouth. This will be for a three year period from summer 2018. …”

http://www.exmouthjournal.co.uk/news/enhanced-bus-service-for-exmouth-to-boost-job-opportunities-1-5481849

EDDC, the property consultant and Premier Inns – a worrying menage-a-trois?

From East Devon Alliance Facebook page:

“Look who’s coming to advise our Council: Item 7 on Overview agenda, March 13th.

http://eastdevon.gov.uk/…/130318-overview-agenda-combined.p…
Do we trust these people? Public can attend the meeting”

Anyone recall a few years ago, Tesco was flavour of the month? Now it seems to be Premier Inns.

Oh, and JLL was the company that chose Moirai as the lead developer for the first ill-fated stab at seafront development in Exmouth!

https://eastdevonwatch.org/2016/07/18/exmouth-eddc-backtracks-on-moirai-capital-investments-seafront-development-up-for-grabs-again/

The blurb that goes with this agenda item says:

“Matters for Debate 7 JLL presentation – Commercial Property Investment for Local Authorities JLL is a leading professional services firm that specializes in real estate and investment management. A Fortune 500 company, JLL helps real estate owners, occupiers and investors achieve their business ambitions.

Presenting Team John Kinsey, National Director John Kinsey joined the practice in November 2003 and has over 30 years of experience within the property markets throughout the South West. He has considerable experience in out-of-town leisure and retail developments along with High Street A3 developments. He is the representative for Whitbread Plc for their Premier Inn hotel chain throughout the South West. He has advised a number of local authorities on key project work and regeneration schemes. Simon Bennett, National Director Simon joined Jones Lang LaSalle in October 1995. He has 22 years’ experience within the Investment Department, specialising in the disposal and acquisition of a variety of properties across the whole of the South West. His clients are a wide range of institutional, local authority, property companies and private investors, together with a number of charity clients. Recent clients include CBRE Global Investors, AEW, IO Group, Standard Life and Mayfair Capital. David Roberts, Director A Director in JLL’s Planning and Development Team with a focus on the preparation and implementation of effective estate strategies for a range of public sector clients. David also currently works on a significant number of commercial and residential regeneration projects across the South West. His specialist skills include concept development, masterplanning, options appraisal, viability analysis, due diligence, business planning and estate strategy, implementation strategy, development partner procurement, agency and funding support.

Presentation JLL will be presenting and discussing with the council the recent drive by local authorities to enter into the commercial investment market and how this is being used for both income generation and regeneration projects.

They will present a number of case studies and also discuss case studies where local authorities have used their covenant to enable regeneration and investment opportunities.“