Replace that triple glazing at EDDC vanity HQ with quadruple glazing perhaps:
Category Archives: Knowle/Honiton/Exmouth relocation
Bristol City Council refurbishes its HQ
And it’s Grade 2 listed.
Surprising what you can do with old buildings …
Knowle relocation: interesting case law on disclosure
Recently we reported on a case where the London Borough of Southwark was forced to disclose contract information in a planning matter. Below is a lawyer’s summary of the points raised by the judgment.
Of great interest is the section where it states clearly that a viability forecast comes under Environmental Information Regulations and not Freedom of Information. This may have implications for the case of EDDC v Information Commissioner where EDDC is refusing to disclose information about Knowle relication. EIR requires far more disclosure than FOI. Note also the remarks about transparency
The ICO heard the challenge to LB Southwark’s decision to refuse disclosure last year:
It accepted that disclosure of redacted elements of the reports would be commercially harmful. Nonetheless, applying the public interest test under the EIR regime, it decided that the interest in disclosure outweighed the harm. LB Southwark appealed the decision to the First Tier Tribunal, which has now held that:
The viability assessment is “environmental information” under the Environmental Information Regulations 2004.
The EIR regime operates with a presumption of disclosure, unlike the Freedom of Information Act 2000 regime.
Publication of viability forecast data relating to deals to be done with other businesses should not be disclosed, because the commercial harm was not in the public interest, but private sales and registered provider deals should be.
The ICO was wrong to refuse to treat Lend Lease’s development model as a “trade secret” and there was no need to show monetary loss arising from disclosure.
The Council’s suggestion of absolute confidentiality in relation to the activities of its staff was wrong. Likewise, there is not always a public interest in maintaining secrecy around public private partnership negotiations – the law on information disclosure is drawn to ensure transparency where it matters.
Disclosure of the starting point in negotiations (i.e. the initial viability reports) is not the same as the disclosure of the full continuum of those negotiations – the likelihood of a chilling effect on other deals should be viewed in that light. The public interest warranted disclosure of much of the information – given “the importance, in this particular project, of local people having access to information to allow them to participate in the planning process”. That factor was held to outweigh the public interest in maintaining the remaining rights of Lend Lease and those subcontractors who contributed to the document. –
See more at: http://www.planninglawblog.com/#sthash.UeaDHxAP.dpuf
Next meeting of the (non) Overview and (none) Scrutiny Committee
The Overview and Scrutiny agenda for 14 August 2014 at 6.30 pm is published here:
Click to access 140814_combined_os_agenda.pdf
and, of course, yet again the fate of the Task and Finish group looking into the influence of the East Devon Business Forum has not been included – nor is it given a scheduled date to be reconvened in the committee’s Forward Plan.
There is an interesting research paper on how meetings should be conducted. Summary: allow the CEO to re-word motions or kick them into the long grass of the Overview and Scrutiny Committee, make it harder for anyone to speak out about anything but make it easier for “partners” to make presentations.
Also of interest is that, what IS in the Forward Plan, is that Knowle relocation is scheduled for discussion on 18 December 2014 in the confidential section of its meeting (Part B).
Question: how can you know in August 2014 if something scheduled for discussion in December 2014 will be confidential? Or is confidential the default for this subject?
If so, the judge in EDDC v Information Commissioner at Exeter Magistrates Court on 28 August 2014 may be interested!
EDDC Ministry of Magic
It seems that EDDC may have its own Minister of Magic (or maybe Dolores Umbridge) as two officers seem to have magically disappeared and one has magically appeared.
Deputy Chief Executive and Monitoring Officer Denise Lyon slipped away quietly after the last full council meeting.
Economic Development Officer and former Hon Sec of East Devon Business Forum Nigel Harrison seems to have been airbrushed out of all responsibilities (when he was such a busy officer commenting on all major planning applications (including those of EDBF members) now we hear nothing from him.
Just as magically we seem to have immediately conjured up a new Monitoring Officer – Ian Clarke – fresh from South Somerset where his boss is – EDDC’s shared Chief Executive Mark Williams.
Now all we need is to find out that Skypark is really Hogwarts. Well, they are doing their best to keep it a secret from us Muggles!
Background to EDDC v Information Commissioner, Exeter Magistrates Court, 28 August, 10 am
Another bid for secrecy bites the dust
… “Defra refused to disclose the Risk and Issue Logs (RILs), which demonstrate the project board’s hidden assessment of the risks associated with developing a farmer-led badger cull prior to the minister’s decision on introducing the policy.
In June 2013, the Information Commissioner ordered Defra to disclose the RILs, finding that the public interest test favoured disclosure.
The Government department first appealed to the First-tier Tribunal and the case was exceptionally transferred directly to the Upper Tribunal where it was vigorously defended by the Information Commissioner together with the Badger Trust as second respondent.
Following two days of evidence and submissions at the Royal Courts of Justice in London, the Tribunal indicated that it was unconvinced by any of Defra’s public interest arguments to justify withholding the RILs.
Full judgment is expected to be handed in due course and there will also be a further hearing around late October to address important wider issues to clarify the legal exceptions relied on by Defra to keep the Board’s assessment of the risks under wraps.”
Take the Knowle walk while you can … and park while you can
Click to access walkingfestivalleaflet3fold.pdf
Bit rich isn’t it? This leaflet is promoting one of the walks as you can see using the Knowle free Park and Walk car park…
Yet if EDDC have their way, this facility will not be available for long…
Letters to the Sidmouth Herald … oh dear for EDDC
This week’s Sidmouth Herald has 6 critical letters about our council:
One letter from Paul Freeman about the missing 6,000 (plus) voters missing from the electoral roll and finding the “explanation” from EDDC very wanting
One about how our council is mired in bureaucracy in spite of the major party’s pledge to “cut red tape”
One about the upcoming court case between EDDC and the Information Commissioner about EDDC’s refusal to release documents in spite of the Information Commissioner’s request that it should be published
Two about the omnishambles of planning and development in Newton Poppleford where a reason to allow one development was turned on its head to refuse another and where EDDC did not find it necessary to have an Environmental Impact Assessment on the Clinton Devon Estates site in spite of it being beside an Area of Outstanding Natural Beauty
One about the inability of the council to improve access the Byes even though they own the land which could allow improvements
Add the item about EDDC “restricting free speech” at its meeting and another item about voting for funding for £15,000 of sports cash has been delayed twice because EDDC felt that not enough old people and not enough young people had voted in the previous two rounds and it just hasn’t been a good week for our council.
Parcel firm gets planning approval for 24 hour depot at Skypark
“…Over the next 20 years, Skypark is predicted to create up to 6,500 new jobs as part of the wider Exeter and East Devon New Growth Point initiative.”
With only 147 jobs planned for the 24 hour parcel depot and with EDDC having about 500 employees and a few more at the 24 hour a day heating centre and the 24 hour a day ambulance call centre that leaves maybe another 5,000 people to be fitted on the site.
Enjoy Knowle and its parkland while you can EDDC staff!
What is a First Tier Tribunal?
As can be seen in other postings, EDDC’s representative is due to appear at Exeter Magistrate’s Court at 10 am on Thursday 28 August as the council has refused to make public information about its relocation even though the Information Commissioner has said that they should do so. It has been decided that this will be decided by a “First Tier Tribunal”. Here is the official explanation of what that means:
Tribunals are specialist judicial bodies which decide disputes in particular areas of law.
“Appeals to tribunals are generally against a decision made by a Government department or agency. The exception to this is the Employment Tribunal where cases are on a party v party basis (i.e. employee versus employer).
There are tribunals in England, Wales, Scotland and Northern Ireland covering a wide range of areas affecting day-to-day life. HM Courts & Tribunals administers many of them although some are the responsibility of the devolved governments in Scotland, Wales and Northern Ireland.
Appeals to the First-tier Tribunal are against the decisions from government departments and other public bodies. The Upper Tribunal hears appeals from the First-tier Tribunal on points of law i.e. an appeal made over the interpretation of a legal principle or statute. Further appeals may be made, with permission, to the Court of Appeal.
Tribunal judges are legally-qualified. Tribunal members are specialist non-legal members of the panel and include doctors, chartered surveyors, ex-service personnel or accountants. Tribunals often sit as a panel comprising a judge and non-legal members however in some jurisdictions cases may be heard by a judge or member sitting alone.
Tribunals adopt procedures that are less complicated and more informal than those typically associated with the courts.”
Knowle court case update
“A resident’s bid to make the district council disclose confidential details of its plans to leave Sidmouth has resulted in the authority having to argue its case at a tribunal in court.
Jeremy Woodward lodged a Freedom of Information request in November 2012 asking for the minutes of various relocation working parties to be made available to the public.
He also asked that full, unredacted reports from the project manager be released, but both requests were denied by council officials.
The Temple Street resident took the matter to the Information Commissioner’s Office, which accepted the council’s decision to withhold the minutes.
However, it did not agree that the project manager’s reports were covered by the same exception under the Environmental Information Regulations.
The council was told to publish the reports, but has appealed against this decision. As a result, the matter has been referred for an oral hearing by the First Tier Tribunal at Exeter Magistrates’ Court on Thursday, August 28.
Mr Woodward welcomed the news.
A council spokesman said it would not be appropriate to comment on the matter with the hearing pending.”
http://www.sidmouthherald.co.uk/news/news/court_to_hear_knowle_case_1_3680513
Knowle legally recognised as public open space. What consequences for EDDC?
In order to qualify as a Town or Village Green, land has to have been used by the public “as of right” ie. without any form of permission. Much of the land that the Knowle Residents’ Association applied to register had been appropriated by Sidmouth Urban District Council (UDC) as public open space and EDDC have made byelaws to control its use. The Inspector therefore concluded that the public have used this land “by right” ie with the implied permission of EDDC rather than “as of right” and he rejected the application on this technicality.
The interesting thing to have come out of this is that the Inspector concluded that the rest of the land included in the Town and Green application (which Sidmouth UDC had not appropriated) is also public open space by implication because the byelaws make no distinction between appropriated and unappropriated land.
BEFORE PUBLIC OPEN SPACE CAN BE DISPOSED OF, THE COUNCIL HAVE TO ADVERTISE TWICE AND CONSIDER OBJECTIONS.
(For Inspector’s full report, see http://saveoursidmouth.com/2014/07/08/more-on-the-town-and-village-application-for-knowle/)
DCC relaxes rules on public speaking just as EDDC tightens them
This is how a request from East Devon County Councillor Claire Wright for a relaxation on the rules about public speaking was dealt with at Devon County Council where the principle was upheld:
Contrast this with East Devon District Council where rules to srastically cut the right of the public to speak at meetings has already been agreed and where the decision will be rubber-stamped later this month (see diary dates above) unless there is a change of heart amongst councillors who want the public to be neither heard (at meetings) or seen (at inaccessible Skypark).
Date for court hearing on Knowle secrecy set – 28 August 2014 at Exeter Magistrates Court at 10 am
EA/2014/0072 East Devon District Council v IC & Jeremy Woodward
The oral hearing in the above case has been rearranged for 28 August 2014 at Court 3, Exeter Magistrates Court, Heavitree Road, Exeter EX1 2LS.
The hearing has been listed for half a day and will begin at 10am.
The details of the hearing will be uploaded to the Tribunal’s website over the next couple of weeks (it’s hard to say when exactly as the website is managed by a separate office), in the meantime you are welcome to share the details of the hearing with anyone who is interested to know.
Observers of the heating are also welcomed – all GRC hearings are open to the public (and press) as a matter of course. The judge may direct a ‘closed session’ (in which the disputed information is discussed) but would simply ask any observers etc. to leave the court room for the duration of this.
For background information on this important First Tier Tribunal case which pits EDDC’s intention to keep all documemts regarding Knowle development secret against our right to know what is being done with our money see our earlier post:
Knowle is a public open space ‘by right’ , rules Inspector
See today’s post on the Save our Sidmouth website http://saveoursidmouth.com/2014/07/07/knowle-town-and-village-green-application-inspectors-report/
Knowle village green application rejected – removal vans booked?
Asset renovation better than newbuild.. implications for Knowle
EDDC may perhaps have read the recent LGA report, detailed here, with useful commentary: http://futuresforumvgs.blogspot.co.uk/2014/06/knowle-relocation-project-and-asset.html
Relocation for less than £4 million my a**e!
EDDC has said that relocating its HQ from Knowle to Skypark will involve a total cost of less than £4 million. Remember that any income from the sake of Knowle and Manstone Depot should not be offset against the total cost as the income from that asset sale should benefit the whole of the EDDC community, not just a few councillors and officers who will site themselves nearer to Exeter than any other town in East Devon except Cranbrook..
Here are some recent costs for new council HQ some of which sold off their old HQ:
£11 million:
http://www.bbc.co.uk/news/uk-northern-ireland-26674095
£7 million:
http://www.warwickdc.gov.uk/news/article/17/warwick_district_council_is_on_the_move
£10.5 million
http://www.kidderminstershuttle.co.uk/news/9956172.New___10_5m_Wyre_Forest_District_Council_HQ_to_open_its_doors/
£9.7 million:
http://www.bbc.co.uk/news/uk-england-dorset-23288032
Heritage Lottery Fund says parks at risk
http://www.hlf.org.uk/news/Pages/StateUKParks.aspx#.U60xwOe9Kf0
Well, we know our council isn’t interested in them (except as housing or supermarket land) as they are trading in their beautiful working environment (so good for mental and physical health) for an HQ between an airport runway, power generatingfacility, call centre and a parcel depot!
East Devon Watch 