“… Baby boomers are not moving to the country or coast, but staying close to their network of family and friends, shops and the theatre. The urban model is very important and fast-growing …”
Sunday Telegraph Business News (firewall)
Category Archives: PegasusLife
Knowle: magic bean or white elephant?
The big question is ‘what is the chance of Pegasus winning an appeal?’
Probably not that great:
The application is for more than a hundred units when the Local Plan allocation is for fifty.
The application does not include any affordable.
The application is opposed by Sidmouth Town Council and a large and vociferous group of local residents.
Most importantly, the Planning Consultants at the time of the provisional sale to Pegasus foresaw that the application would be refused. So did the Planning Team, who miraculously changed their minds when the application came forward. Both EDDC and Pegasus were warned in advance that the Development Management Committee could not approve the application. Remember: this information came into the public domain as a result of the successful Freedom of Information request.
If the application goes to inquiry, as seems likely, then we, and EDDC, will have to wait for 24 months with little confidence that the appeal will be successful.
Then comes the situation of ‘what happens next?’ Well, we know the answer because Grant Thornton have helpfully predicted four scenarios, all of which will lead to receipts well below the price currently agreed with Pegasus.
The whole process would have to begin again, against a backdrop of a planning appeal refusal. New tender, new negotiation, new design, new application, and perhaps even another refusal.
Eventually an application will succeed, and a sale result, but we could easily be four years down the road, and at a substantially reduced price in possibly a very different property market.
EDDC relication costs £10.3 million and counting …
Owl says: are these audited costs or still on
“District chiefs are being advised to press ahead with their £10million relocation from Sidmouth – despite having no guaranteed buyer for their ‘not fit-for-purpose’ Knowle HQ.
East Devon District Council’s (EDDC) cabinet is being asked to sign off nearly £8.7million to press ahead with building work at Honiton’s Heathpark, on top of the approved £1,7million pot to refurbish Exmouth Town Hall.
If approved, the relocation project’s total budget will stand at £10.36million, up from £9.2million in March 2015.
Members will also be asked if they support a further £225,000 cost for an improved access road to the Honiton base when they meet next week.
EDDC originally promised that the relocation would be ‘cost neutral’, that it would not borrow money and the project would not progress before Knowle was sold.
But after refusing PegasusLife’s £7.5million bid to redevelop Knowle into a 113-home retirement community, the authority now has to decide how to proceed with the relocation.
According to cabinet agenda papers, members have three options to choose from:
• ‘Go now’ – press ahead with building in Honiton in anticipation of an acceptable combination of cash for Knowle and prudential borrowing. Work could be completed as soon as December 2018.
• Delay relocation for one to two years, or more, so planning permission for Knowle can be secured to fund the project. EDDC understands PegasusLife is preparing an appeal, which would have to be lodged before June 9.
• A ‘do minimum’ option of giving up on the new-build Honiton HQ, completing the refurbishment of Exmouth Town Hall and modernising a section of Knowle. Essential repairs to Knowle would cost £1.9million, but there is no capital receipt for this expenditure.
Councillors have been recommended to pursue the ‘go now’ option. EDDC maintains that the move will save money in the long-run.
Its development management committee refused PegasusLife’s application because it represented a departure from Knowle’s 50-home allocation in the authority’s Local Plan and due to the lack of ‘affordable’ housing.
EDDC has considered various re-marketing options for Knowle – if a PegasusLife appeal is unsuccessful – that could fetch between £3.22million and £6.8million. One scheme proposes 50 homes, half of which would be ‘affordable’, and could bring in £4.2million.
Critics have long said EDDC could remain at Knowle rather than relocate. The cabinet papers say modernising the former hotel would cost nearly £11.3million, or, for the newer offices, the bill is expected to be more than £5.9million.
The relocation project has cost £1,784,884 to date.
Cabinet members will meet to discuss the options at Knowle at 5.30pm on Wednesday (April 5).”
http://www.sidmouthherald.co.uk/news/budget_for_eddc_s_relocation_tops_10_3million_1_4955207
Relocation and local government reorganisation – a chance to save money!
What is currently more important in local government? Saving money, saving money by merger or being profligate? These seem to be the stark choices facing our district, with its reliance on the Local Enterprise Partnership for strategy, direction and funding.
Closer examination of the agenda for the next Cabinet meeting reveals that there are two references to local government reorganisation: at the bottom of page 111 and on page 115:
“Identify opportunities for rationalising/improving existing public sector governance arrangements and make recommendations to the constituent authorities/partners”
This appears to be a clear reference, as it not only refers to reform, but also says that the recommendations will go to ‘constituent authorities’. In other words we are not talking just about the LEP. The new Joint Committee clearly has mergers in mind. Add “Greater Exeter” into the mix and we come out with even more likelihood of massive changes. THEN add a mooted “Golden Triangle LEP” and we have a truly chaotic situation.
Owl wonders if these are circumstances in which to pursue a new HQ for EDDC at Honiton. Any proposal involving EDDC and avoiding building at Honiton can immediately claim to have made a minimum saving of £10 million plus interest payments, plus many associated costs – savings now being the mantra nowadays.
The relocation from Knowle could, in the above circumstances prove to be most expensive suicide note in the history of our district. And those EDDC members who waved through the move to Honiton, without the slightest idea of the cost, could in these circumstances be likened to turkeys voting for Christmas.
We have seen with the reorganisation in Dorset, that the reform and merger of local government authorities is very much in the air, and Dorset has been suggesting that the creation of two unitaries will lead to annual savings of many millions of pounds.
So it’s not surprising that things have gone very quiet with EDDC relocation. Firstly, there is local government reorganisation all around us and within our nearby city and the county. Secondly, the Pegasus deal for Knowle has seemingly gone very much on the back burner.
We have recently seen the formal separation – ‘decoupling’ – of the Exmouth Town Hall work from the Honiton proposal which seems to have had more to do with mothballing Honiton than it had to do with allowing Exmouth to proceed more quickly.
Work to refurbish Knowle is almost certainly millions of pounds cheaper than relocating. Plus, a new building in Honiton would immediately depreciate enormously on day one of occupation – 50% plus has been suggested.
Of course, PegasusLife could always put in a planning application for the Honiton site!
Just poor grammar in the Sidmouth Herald? …
In its piece on EDDC being forced to publish the PegasusLife contract for The Knowle, it concludes:
“… Mr Woodward had previously challenged EDDC in 2015 when it refused to comply with Freedom of Information requests, also on its relocation. The eight-month legal battle saw EDDC blasted as ‘discourteous and unhelpful’ and cost taxpayers £11,000 in lawyers’ fees.”
http://www.sidmouthherald.co.uk/news/revealed_how_eddc_reached_7_5m_deal_for_sidmouth_hq_1_4866174
What is not made crystal clear is that it was the JUDGE in the case – the judge in the case, Judge Brian Kennedy QC – who made this remark, not Mr Woodward.
In fact the full sentence read:
“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.”
Sloppy, Sidmouth Herald, very, very sloppy.
Save Our Sidmouth press release on PegasusLife contract
“PRESS STATEMENT
EA/2016/0279-0280 East Devon District Council v Information Commissioner
It is well over a year since Freedom of Information requests were made to have key EDDC documents published – the contract with developer Pegasus to buy the Knowle site and the agent’s report on the bidding process and sale.
EDDC refused to publish these, even after being told to by the Information Commissioner. But, now that the case has gone to Tribunal, it has decided to release the documents.
But why now?
What is very clear is that the release of the contract and agent’s report is happening only now that Pegasus’ planning application for Knowle has been considered.
As the EDDC press release makes clear: “With the PegasusLife planning application having been refused, it is considered that this sensitivity has now been reduced and that publication of the information is acceptable.”
And this is very much the point.
Not only was the leadership at EDDC keeping this ‘sensitive’ information from the public – it did not want its own Councillors to know what was in the contract and the bidding process. What is particularly alarming is that the leadership at EDDC hid these details from the planning committee (the DMC) before it made its decision over Knowle.
Looking at the details, the documents reveal the following:
> The agent warned that the development might be perceived by the planning committee as ‘over development’. As they said: “If this is the case, then the application may lead to refusal, delay or in the worst case prevent the relocation of the Council’s offices.”
> The agent also said that “Pegasus is not making any allowance for affordable housing or 106 contributions, as they are classing it as C2”. In other words, the plans were always about classifying the development as C2 (a care home) and not C3, which would mean paying for affordable housing.
> Finally, Pegasus were not prepared to offer significant ‘overage’ – meaning that EDDC would not be able to ‘claw back’ any excess profits Pegasus might make.
But what is particularly disturbing is what these documents reveal about how EDDC operates:
> From the outset, Planning Officers challenged the C2 designation and the scale of development and clearly wanted to give the site C3 status – but later they changed their mind and recommended approval of the Pegasus plans.
> In which case, the DMC have been totally vindicated in their decision to reject the planning application. But we only know this now that the contract and bidding process have been revealed.
> Had the Full Council been aware of the terms of the deal with Pegasus – for example, no significant overage – then then their approval of Pegasus as the ‘preferred developer’ might not have been forthcoming.
> The Information Commissioner insisted that EDDC reveal the contract and negotiations to the public. But what is particularly reprehensible is that the leadership at EDDC refused to reveal these crucial details to their own Councillors.
We now have to ask how the Council will respond – in particular, whether they will want some answers as to how the whole process was mismanaged.
And we have to ask why once again the leadership at EDDC continue to be so secretive in their dealings over the Knowle relocation project – and whether they are going to act on their promise to be truly open and transparent – with both the public and their own Councillors.”
http://futuresforumvgs.blogspot.co.uk/2017/01/knowle-relocation-project-full-pegasus_26.html
“Knowle relocation project: full Pegasus contract published”
Some VERY VERY interesting information!
It seems that PegasusLife had no plans to pay any Section 106 contributions, or Community Infrastructure Levy.
The PegasusLife contract that would have been signed had the DMC not refused planning permission and the Savill’s report on how the company got it is detailed in full here:
http://futuresforumvgs.blogspot.co.uk/2017/01/knowle-relocation-project-full-pegasus.html
Where further revelations are promised.
Sidmouth – indeed the whole district – should thank Jeremy Woodward, who worked tirelessly to get this information.
The Information Commissioner had to threaten EDDC with the possibility of being in contempt of court when they issued their Decision Notice forcing publication, after an appeal from EDDC that they should not be made to issue it or at least not without without so much redaction it would likely be pointless. EDDC had been planning to appeal the Information Commissioner’s Decision Notice but suddenly withdrew this action – presumably knowing it would not succeed.
EDDC then issued a press release saying that all the hours and hours they must have spent opposing publication “cost nothing” as it was only officer time.
Owl wonders which senior officers work for nothing!
This sorry tale should be examined by EDDC’s Scrutiny Committee forthwith.
EDDC forced to publish documents on Knowle relocation – again
Owl loves the EDDC description: “there were no costs to the taxpayer because they were all ‘internal’. Everything that happens at Knowle obviously costs us absolutely nothing!
“East Devon Council is to publish previously confidential documents relating to the sale of its HQ.
The action follows the authority’s decision to drop its appeal against a ruling by the Information Commissioner which ordered it to release the documents.
The information relates to the bidding process for the council site at Knowle, Sidmouth, and its contract with the buyer Pegasus Life.
The appeal followed requests for the information from Jeremy Woodward of the Save Our Sidmouth campaign group.
The council is planning to move its HQ from Sidmouth to sites in Honiton and Exmouth.
In December last year East Devon councillors rejected plans from Pegasus Life for 113 apartments for older people at the Knowle site.
The move has been opposed by Sidmouth town council and residents’ group who want to protect the land from development.
The commissioner criticised the council in 2015 over the way it had handled a Freedom of Information request from Mr Woodward made in 2013, relating to the proposed £7.5m sale. The council refused, Mr Woodward appealed, and the commissioner ordered the documents to be released.
The council said in a statement in November last year it lodged appeals for a second time against the Information Commissioner’s order to release information about the sale process because of the sensitivity of the information at that time.
It said: “With the PegasusLife planning application having been refused, it is considered that this sensitivity has now been reduced and that publication of the information is acceptable.
“In addition, the ICO, through the appeal process, has clarified that the council was right to question the way the decision was made and, as such, the council has now obtained much needed clarity on the position relating to the confidentiality of tendering processes, not just for Knowle, but for all its commercial activities.”
The council added paperwork relating to the sale up to September 2016 would be available on the relocation section of its website soon.
It said there had been no cost to East Devon taxpayers from the appeal process.
The statement said: “The council would like to reaffirm its commitment to publishing information relating to the relocation project as and when it is appropriate to do so. The next tranche of paperwork, which covers up to September 2016, should be available online very shortly.”
More Knowle shenanigans- East Devon Alliance leader on the warpath
“Questions remain over East Devon District Council’s (EDDC) relocation project – amid rising costs and claims of a lack of transparency.
The authority has been accused of pushing ahead with the move away from Sidmouth to Honiton and Exmouth ‘at any cost’ after it approved adding nearly £700,000 to the bill.
Councillor Cathy Gardner last week argued proper scrutiny of the project cannot be achieved as long as documents are not made public. She also raised concerns about members being asked to endorse decisions relating to a contract – between the would-be developer of Knowle and the council – they have not even seen.
In response, EDDC leader Paul Diviani said the contract with PegasusLife is ‘commercially confidential’, but admitted that the developer could potentially ‘renegotiate’ a price for the site after its bid to build a retirement community was refused.
At a full council meeting last Wednesday, Cllr Gardner accused Cllr Diviani of failing to answer her questions and pressed for an answer on whether the contract with PegasusLife has an expiry date. Cllr Diviani said: “We have to wait to hear from PegasusLife. They have the option of coming through with re-submission, or appealing, and we will see what happens there.
“We will work to get the best possible result we can, but if it happens that the deal falls apart, then we will move forward.”
Cllr Gardner asked for reassurance that the £7.5million PegasusLife has agreed to pay could not be renegotiated.
Cllr Diviani said: “If the circumstances are such, then quite obviously they will be able to renegotiate, but let’s not have speculation about what’s going to happen, let’s have a decent dialogue with PegasusLife so we know exactly where we are going from here.”
Cllr Diviani refuted claims that EDDC’s approach to transparency involves releasing only documents relating to relocation that ‘no-one is interested in seeing and holding on to the rest’.
He said: “Documents will be released in due course. They are coming through on a fairly regular basis and it does take time to pull them all together, but they will be expedited as soon as they possibly can.”
Resident Richard Thurlow spoke out about increased costs relating to the refurbishment of Exmouth Town Hall ahead of relocation – which, he says, would now cost more than renovating the existing Knowle offices.
He claimed that there was no detail or adequate rationale to explain the reasons for the increased costs.”
East Devon Alliance: EDDC relocation “at any cost”
“East Devon District Council (EDDC) is leaving Sidmouth for new premises in Honiton and a renovated Exmouth Town Hall.
The latter is now vacant, but it will need work including a new boiler, rewiring and the removal of asbestos – renovations now estimated at £1,669,000, up from £1million in March 2015. [Mostly caused by EDDC doing their estimates and announcing projected estimated costs before commissioning a full structural survey which revealed nuerous expensive essential upgrades such as wiring, heating and insulation]
EDDC cabinet members last week agreed to accelerate the refurbishment so some key staff can relocate as early as November 2017.
Councillor Cathy Gardner told the Herald: “This truly is relocation at any price, because council tax payers will pick up the bill.”
The cabinet meeting heard that a new planning application to redevelop EDDC’s current HQ Knowle could be six months away or more after it refused PegasusLife’s bid for a 113-home retirement community earlier this month. The developer is yet to reveal if it will appeal the decision but the £7.5million it offered was intended to help fund the authority’s £9.2million [at the last estimate] relocation project.
Cllr Gardner said the project was initially sold to councillors as ‘cost neutral’ but is now costing taxpayers ‘over £2million and counting’ and cash will have to be borrowed. [This does not take into account building new offices for the EDDC Estates Department at Sidmouth’s Manstone Depot]
She added: “Proceeding with the refurbishment of Exmouth Town Hall weakens the bargaining position of the council with any purchaser of the Knowle – they know that the council is desperate to secure a sale.
“The cabinet approved this extra cost for Exmouth Town Hall without seeing an up-to-date report on the budget for the project overall. They have approved an increase in ignorance of the total costs.”
An EDDC spokeswoman said: “The council remains committed to relocating the rest of its staff into fit-for-purpose offices as soon as possible, despite the recent planning application for Knowle being rejected. The current budget and income projections for the overall project – taking into account both Exmouth and Heathpark – remain balanced. The council has a continued and reasonable expectation that relocation from Knowle will show significant savings compared to remaining in Sidmouth.
“The financial case will be tested again, as it was in March 2015 when the council decided to relocate.”
The decision was ratified at a full council meeting on Wednesday.”
Save our Sidmouth report on council flagrant and reckless overspending on relocation
“Richard Thurlow, who Chaired Save Our Sidmouth from the beginning, and is currently Chair of the Sid Vale Association’s Environment and Planning Committee, gave this speech to Full Council last night. He received no response to the issues he raised. Along with those of other speakers, they were neatly brushed under the carpet by the Mark Williams. Although all wrapped up in time for Christmas, so to say, these issues will inevitably be reopened and on view throughout the New Year.
This is what Richard Thurlow said:
” The first cost estimate for Exmouth Town Hall (ETH) in March 2015 was £0.96m. The report to council said “The proposal to refurbish ETH has been tested and supported by independent analysis”!!
The second cost estimate was £ 1.261m
The latest cost is £1.669m.
Thus in 18 months the cost has risen by about £700k, a rise of 70% over the original estimate, and it is now more than the cost for the refurbishment of the Knowle which was £1.566m.
To the estimate of £1.669m must be added, fitting out, moving costs, staff reimbursement for travel and inconvenience, (for three years), etc, probably nearer £2m.
Your Deputy Chief Executive has persuaded Cabinet to underwrite a spend of £1.669m without adequate rationale; there are NO reasons given in his Report other than a wish to occupy ETH more quickly; no economic breakdown, no total cost, no assessments of the advantages and disadvantages of the proposal which would have enabled you to base your decision on facts.
The project is out of control.
I say this based on my experience over 40 years on projects worldwide in a major Building and Civil Engineering Consultancy. I have seen a few dodgy projects in that time and this is one of them!
If you support the proposal, I have to say that this will come back to haunt you!”
EDDC relocation has hallmarks of a “dodgy project”, Full Council is advised.
“Relocation update: “We have been stymied twice”, officer reports to EDDC Cabinet”
As reported by Save our Sidmouth website.
Owl says: isn’t it time to draw horns in and manage – with creative ideas – with Exmouth and Sidmouth? Wouldn’t that be the most sensible choice now?
The Relocation lead officer, Richard Cohen, reporting last night to EDDC’s Cabinet meeting at Knowle, found himself roundly rebuked by Cllr Cathy Gardner (East Devon Alliance, EDA) for his subjective stance. Cllr Gardner was “shocked to hear Mr Cohen being scathing about the Development Management Committee (DMC) decision”, as these comments were wholly inappropriate for an officer’s report. She was certainly not the only one to think so.
Referring to the DMC’s refusal of the PegasusLife planning application for Knowle (6th December 2016) , “We have been stymied twice” was the turn of phrase chosen by Mr Cohen, who is also EDDC’s Deputy Chief Executive Officer. “You languish in old buildings’, he told councillors. He appeared to belittle the DMC’s decision, describing the refusal as “purely about planning”, “because of a listed curiosity”, and “arguments about Care Provision”.
The outcome of yesterday’s Cabinet meeting was an agreement to “decouple’ the twin aspirations to relocate to Exmouth and to Honiton. In a unanimous vote, it was decided to fast-track the refurbishment of Exmouth Town Hall (despite estimated costs having already increased by almost 70% , and borrowing being necessary) to provide a new ‘hub’ , accomodating 90 new desks for staff.
The mood was more muted about Honiton. Uncertainty about PegasusLife’s future intentions regarding Knowle, could continue, according to Richard Cohen, for around 6 months. In any case, delay in obtaining finance for newbuild offices at Heathpark is inevitable.
So the Council has turned its focus on how best to manage its office space at Knowle, acknowledging the site’s “potential capital appreciation”. The intention is to identify areas that “can be mothballed”, although Richard Cohen’s comment that Knowle’s “more modern buildings are in a more decrepit state ” than the former hotel, was somewhat surprising.
Next week’s Full Council Meeting (21 December, 6.30pm, Knowle) has the DMC report on its agenda. There are sure to be more, probing, questions to answer on this emerging relocation rejig.”
Relocation update: “We have been stymied twice”, officer reports to EDDC Cabinet
Knowle relocation: our construction expert writes … another £2 million down the drain?
The tender price index for British construction has risen 15% since EDDC announced the cost of the Honiton new build in March 2015.
Yet EDDC claim that the £669,000 increase in the cost of Exmouth can be absorbed within the overall budget of £9.2 million. We know that Exmouth was budgeted to cost £1 million, so the budget for Honiton was £8.2 million. We know that Exmouth has been subject to a 67% increase.
What can we expect for Honiton? Assuming that the costs will rise in line with the tender price index, the new cost will be £8.2 million, plus 15%. Which means another £1.23 million, totalling £9.43 million. It will, of course, probably go a lot higher.
Costs have therefore risen by £2 million since March 2015, but anticipated receipts from the sale of Knowle are unchanged. We appear to have lost £2 million – and we haven’t even started!
Will any of this figure in the debate? Probably not – our Tory councillors don’t enjoy discussing numbers that they don’t like!
Cabinet and Full Council to overthrow DMC Knowle decision?
EDDC has updated its ‘Moving and Improving’ website after the decision by the Development Management Committee to REFUSE the PegasusLife planning application.
Owl always thought that planning decisions were taken by the DMC. It appears not. Which begs the question: why have committees at all?
It seems East Devon is turning into Trumpland.
This is what it now says:
“December 2016
Development Management Committee refuse the planning application by Pegasus Life Ltd for Knowle.
Cabinet and Council (separately) will take the opportunity to review the Project. This is known as Gateway 7 which is to note satisfaction of the financial requirements and restrictions of the Final Design, confirmation of Contractors Project Costs, advice regarding Planning Application for EDDC at Heathpark and for Pegasus Life Ltd at Knowle.
December 2017
Relocation to refurbished Exmouth Town Hall.
April 2018
Relocation to Honiton complete.”
When and how will PegasusLife spring back to life?
Cynics amongst East Devon Watch’s readers (the majority one might suspect) are already considering aspects of yesterday’s refusal of planning permission for the Knowle site.
Of course, there is the prospect of an appeal. But there are also other scenarios being mentioned.
Some suggest that this refusal suits both PegasusLife and East Devon District Council – the former so that it can tweak its application in the light of the current economic climate and resubmit and the latter because a delay in building the new Honiton HQ might be in the council’s own interests, given the same current economic climate and the need to almost certainly raise more money due to increased costs. Also there have been some misgivings expressed by Tory councillors on the design of the new building (which does look rather like a people warehouse) and considered hardly befitting the status and importance of the people warehoused within it:
Others suggest that, as “Greater Exeter” moves ever more quickly (and secretly) forward it might be better for EDDC to cut its losses on a new Honiton HQ which would only be a satellite amongst satellites and therefore not needed to be so large (or maybe not needed at all if the Exmouth premises are large enough). Not to mention the messy complications of devolution and its effect on all district councils in Devon.
Others have even suggested that EDDC has had a better offer from a hotel chain which shall be nameless!
Whatever the reason, we can be absolutely sure that, like the Terminator, it will be back!
EDDC lack of transparency challenged – again
“EDDC’s transparency challenged over relocation from Sidmouth
06:30 05 December 2016 Stephen Sumner
Jeremy Woodward (front right) with campaigners from Save Our Sidmouth at Knowle in 2014
Jeremy Woodward (front right) with campaigners from Save Our Sidmouth at Knowle in 2014
A transparency campaigner is questioning what district chiefs are ‘so desperate to hide’ after they refused to release correspondence on how a developer for Knowle was selected.
Jeremy Woodward’s Freedom of Information (FoI) requests to East Devon District Council (EDDC) about the decision to sell the site of its headquarters to PegasusLife, and the deal between them, were denied.
He appealed to the Information Commissioner to force the disclosure of two key documents – but the authority again refused as it argues the papers are commercially sensitive. The matter will now go to a tribunal.
Mr Woodward said: “What are they so desperate to hide? Why is the council so determined to avoid being held properly accountable, let alone transparent to its rate-paying electorate?”
The tribunal will not be resolved before PegasusLife’s planning application for a 113-apartment retirement community comes before EDDC’s development management committee (DMC) on Tuesday (December 6).
Mr Woodward added: “This timing seriously puts into question the extent to which the DMC’s decision-making is being compromised. Any information touching on the planning application should be made available to DMC members – and the developer’s contract clearly refers to the planning application.”
He said EDDC would rather incur ‘further embarrassment and potential damage’ to its reputation, as this is the second time it has appealed against a ruling from the Information Commissioner.
Last year, the authority refused to release progress reports Mr Woodward submitted FoI requests for on its relocation project. The eight-month legal battle saw EDDC blasted as ‘discourteous and unhelpful’ and cost taxpayers £11,000 in lawyers’ fees.
After Mr Woodward’s latest challenge, EDDC complied with one of three rulings from the Information Commissioner and revealed that PegasusLife will pay £7,505,000 for the site, subject to planning permission.
A spokesman said EDDC is challenging the ruling on the other two documents on legal and procedural grounds as it believes the Information Commissioner has not applied her own guidance consistently or correctly. It argues that the documents are commercially sensitive – but the spokesman said it has always promised to publish them when this is no longer the case.
The spokesman noted the concerns about the DMC meeting but said contractual terms agreed between two parties is ‘legally an immaterial consideration’ to any planning decision.”
Knowle relocation: EDDC defies Information Commissioner AGAIN and heads for court AGAIN
“EDDC TO DEFY INFORMATION COMMISSIONER – AND TO TAKE FREEDOM OF INFORMATION REQUESTS ON KNOWLE TO TRIBUNAL
East Devon District Council have formally announced that they will only be complying with one of three Decision Notices issued by the Information Commissioner’s Office on 25th October.
They have formally released the already widely-known information that the price for the Knowle site to developers PegasusLife is £7.5 million – on condition that they receive planning permission. (Decision Notice on Case: FER0608237).
However, the Council do not wish to divulge the “minutes of meetings and correspondence on the subject the decision to award the contract to PegasusLife” (Decision Notice on Case: FER0623403) or give “a copy of an agreement between East Devon District Council and a developer, Pegasus Life, in relation to a site at Knowle” (Decision Notice on Case: FER0626901)
http://futuresforumvgs.blogspot.co.uk/2016/10/knowle-relocation-project-breaking-news.html
http://futuresforumvgs.blogspot.co.uk/2016/11/knowle-relocation-project-information.html
It is clear that the Council do not want any information to be revealed about the contractual arrangements it has with the developer. And in particular, they do not want this to happen before a crucial vote by their planning committee on 6th December – when the Development Management Committee will consider the controversial planning application 16/0872/MFUL from PegasusLife.
http://futuresforumvgs.blogspot.co.uk/2016/11/knowle-relocation-project-planning_24.html
This timing seriously puts into question the extent to which the DMC’s decision-making is thereby being compromised, in that any information touching on the planning application should be made available to DMC Members – and the developer’s contract clearly refers to the planning application.
It is now obvious, therefore, that the Council would rather incur further embarrassment and potential damage to their reputation by appearing at the Information Tribunal – as this is the second time it will be appealing against the Information Commissioner.
http://futuresforumvgs.blogspot.co.uk/2014/08/knowle-relocation-project-foi-request_27.html
The obvious question which has to be asked is: What are they so desperate to hide?
Moreover, the Council is clearly prepared to spend yet further on defending itself, no doubt with the use of expensive legal representation – and yet it complains regularly about the expense of having to deal with FOI requests.
Why, then, is the Council so determined to avoid being held properly accountable, let alone transparent to its rate-paying electorate?
http://futuresforumvgs.blogspot.co.uk/2016/10/knowle-relocation-project-continuing.html
It will be interesting to see how the Council deals with the legal process which will now ensue. Will it drag matters out as it did two years ago, during the first time it appeared at the Tribunal?
http://futuresforumvgs.blogspot.co.uk/2015/07/knowle-relocation-project-we-believe.html
And how will the Council’s representatives conduct themselves on this occasion?
http://futuresforumvgs.blogspot.co.uk/2015/05/knowle-relocation-project-information.html
END
EDDC and Knowle – reasons for refusal of PegasusLife planning application – but will a new HQ sway councillors?
A letter from Michael Temple, Sidmouth
“Compare and Contrast
The highly controversial PegasusLife application for Knowle is to be decided at 10.30 am on Tuesday 6 December in the Council Chamber at Knowle, Sidmouth.
Readers might like to compare it with other recent PegasusLife applications:
1. Bath (assisted living): refused: “excessive and incongruous height”, “harmful impact upon surrounding heritage assets”, “nearby listed buildings undermined”, “the excessive tall building fails to respect its context”, “harmful impact on character and appearance of surrounding conservation area”.
Bristol (Nuffield Hospital site) – officers can’t support due to “excessive bulk and massing”, “doesn’t relate to surrounding context”, would “dominate the townscape”.
Wilmslow: refused: “too large, too high, no affordables”.
Harpenden (retirement flats) – refused due to “height (20.7 metres)”, “lack of privacy for neighbours”, “footprint 28 degrees greater than existing buildings”, “visually intrusive”, “residents’ parking would spill onto neighbouring roads”.
Knowle, Sidmouth (assisted living – or second homes?) – officers approve.
The East Devon District Council’s planning officer, departing from the Local Plan and its planning strategies, claims the the “benefits” to Sidmouth outweigh the harm to an English-Heritage listed building.
“Benefits”? Could he mean
the overbearing, intrusive impact on the park and neighbourhood of an excessively high, out-of-scale massed development?
the loss of heritage buildings and public assets like the Council Chamber where so many people met recently over the proposed hospital bed cuts?
the loss of weekend parking to this tourist town?
the loss of about 100 jobs?
the blot on Sidmouth’s skyline?
the loss to the public of the park’s fine lawn prospect?
the lack of a contribution towards affordable housing?
possible downtown drainage overflow during flash floods?”
A response to PegasusLife Knowle extra documents
“URGENT:
Please comment on latest changes to 16/0872/MFUL not later than this FRIDAY 11 November by emailing planningcentral@eastdevon.gov.uk or writing to the Central Team at EDDC Knowle, Sidmouth.
Please send a copy to Heloise at Town Council on planningclerk@sidmouth.gov.uk
Revised drainage and bat mitigation reports and changes to Building E are available on the EDDC website and can be viewed at Council Offices.
Amendments to the design and footprint of Building E and associated landscaping:
EDDC’s Chief Planning Officer’s concerns about the “bulk, scale and massing” * of Buildings D and E resulting from their forward projection as well as their impact on the listed summerhouse and his recommendation that “Building E be set back “ to the existing office footprint “to remove the harm to the setting of the listed building” have received only a token response from PegasusLife, with minor and mainly cosmetic changes that do little to address the issues.
Although Building E has been set back a few metres it will be on higher ground and the equivalent of at least 60 feet high, dwarfing the listed folly. Its impact will be at least as serious as was the previous proposal, especially as ground levels will be raised as well. The two buildings D & E will dominate the park and in no way “tastefully ornament” the listed building.
(The recent growth of vegetation near the folly is a direct result of neglect on the part of the Council. Until recently the listed building has enjoyed a spacious green setting and this should have been and should be maintained.)
Drainage:
The excessive number of apartments and the bulk and massing of the buildings, particularly those on the lawn terraces, together with the steep slope of the internal road leading to the car park and raised ground levels will exacerbate the flood/drainage problems referred to in the latest drainage report. Planting a few small trees will in no way compensate for the large ones chopped down.
It would be hard to find a more obvious example of overdevelopment and unsustainable development than this.
(* see letter from Tibbalds 4 August 2016)
EDDC isn’t like John Lewis (“Never knowingly undersold)!
Letter in today’s Sidmouth Herald:
Cllr Barlow rightly castigates the developers of the 36 Churchill homes for their measly offer towards affordable homes in the light of the profits likely to be made. How much more profit will PegasusLife make from 115 apartments at Knowle, but in this case without any payment at all towards affordable homes? What is more, EDDC have, I believe, “knowingly undersold” the site, including parts of the public park, to pay towards an unnecessary re-location, so that PegasusLife are likely, according to some estimates, to make a net profit of around £26 million. And because of the inadequate care to be provided, this development will very likely put great strain on already threatened local health services. Or does PegasusLife expect most of the apartments to become second homes for the extremely wealthy, as there is apparently nothing apart from cost to prevent this? Either way, is this what Sidmouth needs?
Readers may also like to know that, since they sent in their objections to the Knowle development, well over 50 new documents have been submitted by PegasusLife (in August and on 27 October). Some of these contradict earlier and misleading artist-impressions and show new details and changes including drainage problems upon which people may wish to comment. Comments should reach the planning department by November 11 as the application is likely to be put to the Development Management Committee on December 6.
Michael Temple Sidmouth
East Devon Watch 