“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

Exmouth: Queen’s Drive “sinkhole”

Picture:  Exmouth Journal

The Bible says:

“Everyone therefore who hears these words of mine, and does them, I will liken him to a wise man, who built his house on a rock. The rain came down, the floods came, and the winds blew, and beat on that house; and it didn’t fall, for it was founded on the rock. Everyone who hears these words of mine, and doesn’t do them will be like a foolish man, who built his house on the sand. The rain came down, the floods came, and the winds blew, and beat on that house; and it fell—and great was its fall.”

— Matthew 7:24–27, World English Bible

Anyone else underwhelmed by Exmouth’s watersports centre?

And wouldn’t you think the safety changes might have been foreseen?

“Peter Quincey, director of Grenadier Estates, said: “Following our community consultation and the feedback received, we have focused on water safety in consultation with East Devon District Council and have made amendments to the design.

“The amendments to the design include setting the building back by four metres to allow a more substantial space between the building and the sea wall, and increasing the rigging areas to accommodate additional water sports equipment.

“To improve the visual appeal of the building further, we have included additional stone cladding and designated more space for planting trees.

“These additions have resulted in a reduction of 14 parking spaces.”

http://www.exmouthjournal.co.uk/news/grenadier-estates-statement-watersports-centre-application-1-5397490

When were plans mooted to reroute the road in Exmouth – and why?

A comment received:

“… It follows a council document from 2015 about the Queen’s Drive development that says: “The people of Exmouth are …

So – the road and car park move was recommended in the Masterplan?

It was also put forward apparently as a new idea in April 2003 in a letter to Mr Karime Hassan at EDDC. The letter was in support of a planning application for new premises for Spinnakers Sailing Centre. It was signed by Stephanie Bridge now of Edge watersports the business she runs with her husband Eric Bridge that is destined to have prime position on Grenadiers site. – or Bridgetown as I have heard it called recently.

From the letter

“In our opinion we need to be on the beach side of the road, not least as we have many children on weeks courses and the safety aspect on crossing the road is not something we relish.”

NOT the case. It has been acknowledged that it is not safe for children to be trained in the sea at that point.

“One idea we had was to reroute he seafront road around the back of the car park ( ref to a map and pics 9 +10) this could create a large pedestrian area, room for businesses such as ours and encourage natural traffic calming on the seafront in that area. It wouldn’t have a detrimental effect on other businesses…………”

Er……. complete elimination of Fun Park, DJs, Golf and Putting course, Carriage Café, Model railway, ….. not a detrimental effect?? Most of them were prepared to upgrade and modernise their facilities. …”

EDDC has difficulty explaining the difference between a gift and a loan

“… It follows a council document from 2015 about the Queen’s Drive development that says: “The people of Exmouth are being offered a gift of a new Watersports Centre that will operate as a community interest company (not a private facility) whereby a philanthropist is investing up to £4m of his own money in this national venue.”

But a council spokesman said that the debate is about what constituents a gift and that once the original investment without interest is recovered all income generated will be reinvested in Exmouth.

Save Exmouth Seafront spokesman Nick Hookway said: “We have a number of concerns about the arrangements that East Devon District Council has made with Grenadier.

“Grenadier is not gifting the Water Sports centre site to the people of Exmouth. Information supplied by both the developer and the Council shows that the cost of the project will initially be paid for by Grenadier. The whole cost of this development will then be paid back to Grenadier over a number of years with no interest except for the cost of inflation. Inflation is running at 3.9% as measured by the Retail Price Index. Wouldn’t it be nice if residents could get 3.9% on their savings accounts?

“In most people’s minds Grenadier is a making a loan not a gift. Why are Councillors unable to see this?”

But a council spokesman said: “Grenadier is investing £3m to £4m upfront in providing a water sports centre and we have seen the attractive plans that will enhance Exmouth’s seafront and attraction to visitors and residents.

“The developer is involved on a not for profit basis with a business model that involves recovery of their original investment (without interest). The water sports centre and associated facilities will then be operated by a non-profit making Community Interest Company. Income generated from that point on will be used to reinvest in Exmouth by the Community Interest Company.

“There seems to be some debate about what constitutes a ‘gift’. To be clear, the cost of building the asset will be paid upfront by Grenadier and this will be paid back to Grenadier by the CIC without interest using income derived from the operation of the facility.

“The specifics and priorities of that re-investment will be something that the Community Interest Company will decide and it will have local representation on the board. This varies considerably from the standard investment model that commercial developers would usually follow and, in fact, Grenadier has chosen not to make a profit on this project when they could have directed their funds elsewhere into a profit making venture as would normally be the case for a private developer.”

Questions were also raised by SES as to who exactly is behind the realignment of Queen’s Drive that will see the road move from its current position on the seafront to behind the proposed new watersports centre.

Mr Hookway said: “Why is the road being moved and who suggested this realignment? Grenadier has stated the realignment of the road was not something that they asked for. East Devon District Council will say that it was included in the Exmouth Masterplan which was adopted in 2011.

“However there was no explanation in the Masterplan for the proposed realignment, indeed recent changes to the design of the road are different from those proposed in the Masterplan. Save Exmouth Seafront wants to know why the road is being moved and who proposed these changes.”

But in response, the council spokesman said: “The road and car park move was recommended in the original masterplan and made a lot of sense in creating a new, accessible and safer space connected directly to the beach.

“There is no confusion here since the council marketed the site on that basis and Grenadier bid on the clear understanding that the road and car park were being moved. This was a council decision following the recommendation of the masterplan.”

Save Exmouth Seafront in response to the plans say that they would like the main buildings to be moved back eight metres from the current proposed location, is it necessary for it to be two storeys, and will there be a clearly displayed safety plan for kite surfers, but did say the consultation process funded by Grenadier was a most welcome change from the usual process of planning consultations.

A spokesman for Grenadier added: “We are currently reviewing all feedback received during the community consultation process. All comments are receiving our full attention and we will provide an update once we have completed our review. In the meantime we encourage the community to check back regularly at http://watersportscentreexmouth.co.uk/ for any updates.

http://www.devonlive.com/news/devon-news/public-havent-been-misled-over-822186

Wildlife refuges on River Exe agreed – will it affect water sports?

Will this affect the watersports centre and, if so, will EDDC effect a covenant on its land to allow for it?

“… The Exmouth site covers an area on the east side of the River Exe, running from a point west of Exmouth Leisure Centre up to a point west of Lympstone Manor. …

“We are now calling on the wide range of Estuary users for their co-operation and support as we ask them to avoid a very small part of the Exe Estuary – all year round at Dawlish Warren’s refuge and from mid-September to end of December at Exmouth’s refuge.”

The refuges are part of the Exe Estuary Special Protection Area, which regularly provides space for 20,000 birds to rest and feed.

East Devon District Council, Teignbridge District Council and Exeter City Council must legally prevent disturbance to birds and deterioration of their habitats [though this may or may not continue after Brexit when the UK is freed from EU regulations].”

http://www.exmouthjournal.co.uk/news/wildlife-refuges-given-green-light-in-exmouth-and-dawlish-warren-1-5249723