Tribunal’s decision, on Knowle ‘secret’ papers, featured on Radio Devon News.

An interview with Jeremy Woodward ,whose Freedom of Information (FOI)  request set in motion a chain of events which has led to the Tribunal’s decision yesterday against EDDC, can be heard here: http://www.bbc.co.uk/programmes/p02q2k4d#auto at 3mins 30secs. It was broadcast again an hour later, at about 1hour 3mins.

Immediately following the Tribunal’s report, another FOI request on the subject of EDDC’s office relocation was sent,this time by Chair of Save Our Sidmouth, Richard Thurlow. Details at this link:   http://futuresforumvgs.blogspot.co.uk/2015/05/knowle-relocation-project-progress.html

 

 

“Is the Deputy Chief Executive fit for purpose?”, some are now asking

EDDC’s press release today (see our previous post) speaks of ‘lessons to be learned’ from the Tribunal’s scathing report, though it overlooks the fact that the criticism was “unanimous”, and not solely from the judge. There is no reference to the reportedly “discourteous” manner exhibited by EDDC , though the Council regrets  that the Tribunal found it at times “unhelpful”.

To compare this press release with the one posted earlier today from Save Our Sidmouth (which contains the the Tribunal’s devastating comments), go to these links:
http://eastdevon.gov.uk/news/2015/05/council-prepares-to-release-documents-that-sparked-tribunal/
and http://saveoursidmouth.com/2015/05/05/sos-press-release-on-tribunal-decision/

Who will take the decision whether to appeal the appeal for disclosurof Knowle relocation documents?

The Chief Executive (Williams) and Deputy Chief Executive (Cohen) along with ? who else must have taken the original decision to suppress the reports discussed in secret meetings when they were requested by Mr Woodward,

This decision to suppress the reports, to our knowledge was never brought to any public council committee.  Who took the decision to suppress?

Eventually, the Information commissioner said that (redacted) reports should be published.

The ” council” then decided to appeal this decision.  Who made that decision and why?  Who reviewed it and agreed with it?  How many councillors knew what was happening?  Who thought up the idea of saying reports could not be published because the consultant was “an embedded employee” of the council?

The Deputy Chief Executive (Cohen) was chosen to present the justification for suppression and appeal at the court case in August 2014.  The council’s solicitor (Lennox Gordon) presumably must have been asked for advice (though at the Court case they had engaged an outside barrister to present the case).  The Chief Executive and ? who else must have then sanctioned this course of action.  It was, to our knowledge, never brought to any public council committee.  Who else knew about this?

At the Court case, Deputy Chief Executive Cohen admitted that at least one report from the outside consultant (Pratten) had been changed by him – Cohen – before being given to the Overview and Scrutiny Committee.  The Overview and Scrutiny Committee were not aware of this at the time and (as far as we know) still do not know what was changed or why.  Who else (if anyone)  was involved in the decision to change the document before it went to them?  Have members of the Overview and Scrutiny Committee since seen the original?  Would it have changed their views if they did not see it and have not since seen it?

Are there more reports (changed, not changed) other than those under review that they and other councillors should have seen prior to making an informed decision about relocation either to Skypark or Honiton/Exmouth and then sale of Knowle that might have affected their decision?

After the Court case in August 2014 it appears that EDDC dragged its heels in providing the judge with documents and insisted that some of them were illegible.  However, subsequently, legible copies were found and submitted as late as March 2015.  Who insisted that only illegible copies were available?  Who knew that there were legible copies available and why were they delayed?  Why the long delay?

Now that the court has heavily criticised all those involved, the decision can again be appealed, at probably even greater cost than the last appeal.  We do not yet know the full cost of the last appeal except that it is more than £11,000 PLUS officer time, as EDDC never apportions cost of officer time to its work.

So, who takes the decision to appeal the appeal?  The same people who suppressed the documents?  The person/people who altered at least one document before it went to a committee?  The people who said that some documents were illegible when they were not?   The people criticised by the court for being “unhelpful and discourteous?

Who is left who has not been involved in this sorry saga who can be trusted to find out the answers and make decisions now?  If we return the “same old” how can we be sure this will not be brushed under a carpet so precariously balanced on all that is now underneath it?

Brave independent councillors kept bringing this subject up time and time again only to be told to stop tilting at windmills.  What is here is definitely not windmills.

Only a vote for Independents tomorrow can ensure that the carpet is lifted so that we can all see what has been swept underneath it all these years.

Including, of course, some searching questions about the seven year delay to a Local Plan which has left us at the mercy of rapacious developers.

The  future is in your hands tomorrow.

 

 

 

 

 

 

 

 

Should Council officers shamed by QC’s comments, be considering their position?

SOS may not be alone in thinking so. This press release has just been issued: http://saveoursidmouth.com/2015/05/05/sos-press-release-on-tribunal-decision/

So, more Knowle information must be published

Links to the judge’s report are on the SOS website:  http://saveoursidmouth.com/2015/05/05/tribunal-qc-makes-special-mention-of-discourteous-and-unhelpful-conduct-of-the-appellant-eddc/

EDDC loses its appeal to keep Knowle relocation reports secret, with scathing commentary on Council’s behaviour!

The Judge’s report ends with this REMARKABLE paragraph:

‘ This Tribunal takes the unusual and unfortunate step of commenting on the conduct of the appeal itself.

We are unanimous in our view that this appeal has taken much longer than it should have done and the reason for this seems to be the failure on the part of the public authority, the appellant, to address itself with sufficient attention to the details of what information and documents it was sup- plying to the Commissioner and ultimately also to the Tribunal.

It was not until March 2015 that a fully legible copy of the disputed information was supplied and seemed to be complete. This is, in our collective experience, wholly exceptional and the time spent dealing with what we believe to be five different sets of disputed information is simply not a good use of the Tribunal’s time nor fair, in terms of delay, to the requester.

Correspondence on behalf of the Council, rather than ensuring the Tribunal was assisted in its function, was at times discourteous and unhelpful including the statement that we had the most legible copies possible. A statement, which was clearly inaccurate as subsequently, we have been provided with perfectly legible documents.

We believe this appeal could and should have been dealt with completely at the hearing in August 2014 and the decision promulgated six months ago had the Council discharged its responsibilities properly’.

A press release is due shortly, from Save our Sidmouth.

Information Commissioner v East Devon District Council decision …

… has still not been published, but in the meantime, this decision on Information Commissioner v Cardiff City Council is very pertinent and could be the case law or basis of future Freedom of Information requests about council-owned buildings and a council’s refusal to provide timely information.

Indeed, the final paragraph of this case states:

62. We have concerns about the way this appeal has been pursued by the Council, and its merit. The Tribunal is considering making an order for costs against the Council under rule 10(1) of the GRC’s Rules of Procedure 2009 because it would appear the Council has acted unreasonably in bringing these proceedings. We wish to provide the Council with the opportunity to make written representations as to why we should not make such an order and as to the amount of costs or expenses to be paid, if such an order is made, within 35 calendar days of the date of this decision. We would also invite the Commissioner to make any representations he wishes to make in relation to an order for costs and the amount of costs and expenses under rule 10(6), again within 35 calendar days of this decision.

Click to access City%20of%20Cardiff%20Council,%20EA-2014-0309.pdf

Information Commissioner v EDDC: surely our officers and councillors are not holding this up until after the elections?

This is the case where the Information Commissioner ordered release of (redacted?) information on relocation discussions and costings, only for EDDC to appeal this decision.

Initially, after a hearing at Exeter Magistrates Court in August 2014, we were told at that time by the judge that a judgment could be expected in late 2014 or early 2015,

It is now late April 2015 and no sign of it.

Surely our officers and (current) councillors are not dragging this out until after elections?

What could possibly be in these documents that would cause such a delay?

Information Commissioner and Woodward v East Devon District Council decision close

AFTER a seven-month wait, the outcome of a costly tribunal which examined whether East Devon District Council should publish reports regarding its controversial relocation project, is expected imminently.

So far, the council has spent £10,200 on legal costs in its appeal against the Information Commissioner’s decision that it should have disclosed certain information regarding its relocation project, as a result of a Freedom of Information request made by Sidmouth resident Jeremy Woodward.

Following the hearing at Exeter Magistrates’ Court on August 28, further written submissions were made and, at the time, a four-week wait was expected. However, the legal process instead continued for almost seven months, and due to legal sensitivities the authority has not been able to give any details as to why.

In February 2013, Mr Woodward requested all internal correspondence between council officials regarding the office relocation. This, and requested minutes from Office Relocation Working Party group meetings, were refused.

However, the commissioner ruled that reports written by an outside consultant were not covered by exemptions and should be revealed.

Deputy chief executive Richard Cohen told the First Tier Tribunal at Exeter Magistrates’ Court that the role of the author of the reports, project manager Steve Pratten, who works for Davis Langdon LLP, closely resembles that of an officer and therefore the contents of his reports should not be disclosed.

The judgement was expected last Friday, March 27, but was not forthcoming.

Criticism was heaped on the council for scheduling its full council meeting, to decide upon its office relocation, two days before the tribunal decision was due. On Wednesday, March 25, members resolved to relocate from its Sidmouth headquarters to new purpose-built offices in Honiton, and Exmouth Town Hall.

A council spokesperson, said: “The council is surprised that the target date has passed and the outcome of the tribunal’s deliberations has not yet been handed down.

“Along with all the other parties, we await the judgment and hope that the waiting will soon be over, but we are subject to the tribunal’s scheduling.”

http://www.exeterexpressandecho.co.uk/Tribunal-end-sight-East-Devon-District-Council/story-26271724-detail/story.html

Exeter City Council unanimously rejects Topsham Care Home scheme with similarities to Knowl plans

Planning committee member, Cllr Rob Newby, represents Topsham on the city council and said: “I have issues with the county council’s decision as the highways authority that the access to this scheme from Exeter Road would be suitable.

“At one point the rugby club wanted to form a hub there but the highways refused it because of access and yet there would have been less traffic than with this scheme.

“Topsham already has an over-burdened medical system; there are two surgeries serving more than 10,000 people and this development could cause an imbalance in the population.”

Fellow committee member, Cllr Kevin Mitchell, said: “Topsham has its own unique identity and I very much hope that we can keep the gap between Exeter and Topsham as long as we can.”

Cllr Mitchell added that he thought a neighbourhood plan for Topsham, as has been done for St James’, would be beneficial for the town.

http://www.exeterexpressandecho.co.uk/Topsham-care-home-plans-unanimously-rejected/story-26258476-detail/story.html

Relocation approval rushed through “in indecent haste, at the fag end of an administration” that may soon disappear”

Richard Thurlow’s speech, at the Extra Ordinary Meeting of Full Council last week, explains : https://saveoursidmouth.wordpress.com/2015/03/30/a-huge-number-of-uncertainties-and-unresolved-problems-being-glossed-over-yet-council-has-approved-eddc-office-relocation/

EDDC Tories out of synch – with ALL General Election candidates …

… at a recent hustings meeting in Sidmouth ALL General Election candidates agreed East Devon District Council should not have forced through a rushed relocation decision in the dying days of its dying majority.

Tribunal dismisses EDDC’s appeal: secret Knowle relocation papers must be revealed.

More to follow when we have details.

Express and Echo report on latest news in EDDC’s relocation saga

See http://www.exeterexpressandecho.co.uk/Green-light-10m-relocation-East-Devon-Council/story-26236891-detail/story.html

One law for the councillors, one for the doctors? Which one puts public service before personal luxury?

Isn’t it interesting that our doctors and nurses can work without complaint in Victorian – even Georgian – buildings, yet our councillors can’t bear working in offices built in the 1980’s?

Haven’t the priorities of our councillors put their taste for luxury before what they could have spent the money on had they stayed put.

Sad days – but remember, your Independent councillors were prepared to stay put and spend the money saved on US.

Get angry, get even on 7 May 2015 says Real Zorro on relocation

http://realzorro1.blogspot.co.uk/2015/03/rip-knowle-get-angry-get-even-vote-7-may.html

Not to mention a post on comparing our current MP, Hugo Swire, to Mr Bean!

http://realzorro1.blogspot.co.uk/2015/03/more-press-coverage-for-hugo-swire-aka.html

Relocation rolls on…

..and the money rolls out, thanks to a District Council which (as Seaton Cllr Peter Burrows put it) “may not be in existence when the loan expires.”
Yet no-one knows whether Pegasus Life Ltd will offer EDDC for the Knowle a figure nearer £7million or nearer £8million (the rough price-range agreed). But with no Heads of Terms yet fixed, councillors’ vote tonight to go ahead with relocation nonetheless, puts the ball firmly in Pegasus Life’s court.

As usual, questions from the public went unanswered.

Extracts from the meeting will be available on YouTube soon. The link, and more on tonight’s Extra Ordinary meeting, will be posted on EDWatch in due course.

District Councillors may be left wondering what happened to “cost neutral?”

Rush, rush, rush! Councillors will have barely had time to read through and fully digest the minutes of the Special Development Management Committee meeting (on Monday 23 March), which have just been sent to them, before they are required to make a ‘final decision’ on relocation at this evening’s 6.30pm meeting.
Will all have opened their e-mails straightaway? And how many will have been able to collect well in time, the paper copy of the minutes available from their pigeon holes from 4pm today?

In a whirlwind week of Extra Ordinary meetings, some Councillors might be hardpressed to sufficiently absorb the latest information on a whole raft of extremely important decisions with long-term consequences. They are being inexplicably and unreasonably squeezed into a decision on the sale of Knowle, AND proposed changes to the revised Local Plan, in the same short period of time.

The links received (hopefully) by Councillors are:
http://eastdevon.gov.uk/media/1002849/260315-extra-ordinary-council-ag
> enda-local-plan.pdf
The previously circulated Special Development Management Committee
> agenda papers:
> Agenda –
> http://eastdevon.gov.uk/media/990985/230315-special-combined-dmc-agend
> a.pdf
> Draft schedule of proposed changes –
> http://eastdevon.gov.uk/media/990982/230315-sp-dmc-table-of-changes-to
> -local-plan-v3-march-15.pdf
Addendum report with proposed changes –
> http://eastdevon.gov.uk/media/1018372/230315-sp-dmc-addendum-report-it
> em-5.pdf
Revised Draft New East Devon Local Plan with tracked changes:
> http://eastdevon.gov.uk/media/990979/230315-sp-dmc-local-plan-with-cha
> nges-for-post-hearing-consultation-ver-04-march-2015.pdf

Councillors have a lot on their shoulders. The public speaking this evening would clearly like to share the load.

Real Zorro: RIP Knowle

http://realzorro1.blogspot.co.uk/2015/03/tonights-eddc-council-meeting-tories-to.html

The thing to remember is that it was not ALL councillors who wanted to move – this was engineered only by Conservative councillors and by its Honiton-centric Cabinet in an atmosphere of secrecy and disdain for the East Devon public.

Knowle Relocation …Will tonight’s ‘final decision’ leave poison chalice for East Devon?

Display 3What’s at stake tonight’s Extra Ordinary Council meeting? No less than our big money (a 20 year Council debt is proposed), and the re-shaping of one of East Devon’s loveliest towns.

So,once again, the public gallery will be full. Once again, Councillors may be seen to be pulled by the nose into making a huge decision, with possibly incomplete information at their disposal. EDDC may be obliged to release further ‘sensitive’ documents in just a few days’ time.

The meeting starts at 6.30pm this evening, at Knowle Council Chamber. Agenda on EDDC website, under ‘ Councillors and Democracy’.

Come early to get a seat..and enjoy a stroll in the whole park, while you still can!

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