Flytipping in Utopia (aka Cranbrook)

Cranbrook Town Council Facebook page – not quite Councillor Diviani’s perfect sustainable town (see earlier post)

“LET’S WORK TOGETHER TO STAMP OUT FLY TIPPING

Fly tipping is beginning to be a problem in the Cranbrook area. In a number of recent cases, however, East Devon District Council has been successful in catching the offenders and serving fixed penalties (to cover the clear up costs) which were an average of £150 in each case. Obviously it is in everybody’s interests that we avoid unsightly and potentially hazardous views like this one, so please click for information about what to do if you see incidents of fly tipping or need advice on how to dispose of your rubbish responsibly.”

Sidbury Business Park plans – a test of sustainability

Possibly the most unsustainable development plans ever mooted for Sidford/Sidbury – and some very half hearted excuses about why it cannot be in Sidmouth (where, oddly, it was thought possible when Asda were interested).

“… Despite an eleventh-hour bid to remove it, the Sid Valley was allocated 12 acres of employment land north of the A3052.

Fords has its sights set on some 14 acres of agricultural land east of the A375, but the proposed ‘net development’ area is 9.3 acres. Its application argues that having no development of an employment site in Sidmouth over the Local Plan period is an ‘unacceptable conclusion’.

The company claims that developments that provide new employment opportunities are ‘well overdue’ in the area, as the disparity between wages and the cost of living is widening, particularly for young people.

According to the plans, the greenfield site is the ‘only available and deliverable’ option close to the urban edge of Sidmouth and there were no ‘realistic alternatives’.

This is despite the ‘adverse and direct, long-term effect of severe significance’ on the landscape character, according to the application. The impact will be mitigated by the planting of 3.7 acres of woodland, 400 metres of hedgerow and a ‘substantial buffer’ of trees around much of the site, say the plans.

The application states that the town centre cannot meet the demand because of the lack of parking and disabled access.

It also says it is unviable to create a new £1million access so the Alexandria Industrial Estate – home to Fords’ current HQ – can reach capacity as an employment site. The estate has been allocated Sidmouth’s remaining 1.2 acres of employment land in the Local Plan.

Fords’ application allocates 9,120 sqm for business use, 6,840 sqm for ‘general industrial’ use and 6,840 sqm for storage and distribution – a total area equivalent to three football pitches. …”

http://www.sidmouthherald.co.uk/news/business_park_plans_for_sidmouth_revealed_1_4533344

Let’s see where Councillor Stuart Hughes stands on this, having done the hokey-kokey so far.

Local Plan: more than 1,000 extra homes already projected – 18,391 not 17,100

As we expected, too many unaffordable, greenfield properties being built.

“83% of completions [in East Devon] on Greenfield sites (including fields and undeveloped greenspaces, barn conversions and garden sites)” …

… “A grand total of 18,391 net new dwellings are now projected to have been completed over the full plan period (2013-2031). This is above the 17,100 minimum figure of housing need outlined by the new Local Plan.” …

… “3.1 The final page of the HMU sets out the five year land supply calculation based on the 30 September 2015 monitor. It shows that East Devon can demonstrate 5.54 years supply of land for housing taking account of a 20% buffer as required by paragraph 47 of the NPPF for authorities that have persistently under-delivered in previous years.

3.2 Paragraph 47 of the NPPF sets out that in calculating the five year land supply authorities should apply a 5% buffer, or a 20% buffer where there has been a record of persistent under delivery. Application of the 20% buffer is a conservative approach to take. The Council could be more bullish and say that clearly it is now delivering above requirements and so the 5% buffer should apply in which case the Council could demonstrate a higher land supply figure, but it is recommended to apply the 20% figure for the time being.

3.3 This, along with the application of SHLAA methodology build-out rates and a robust but conservative assessment of future windfalls means that it is harder for an appellant to argue the five year supply figure down.

3.4 The calculation shows that over the five year period a surplus of 617 net new dwellings are projected to be built over the district as a whole. This is a healthy surplus that means that should certain sites not deliver or under-deliver there is an added buffer of supply. …”

http://eastdevon.gov.uk/media/1687772/100516-combined-dmc-agenda-compressed.pdf

“Anywhere but Westminster” newspaper column want to hear from us

Worried about the ever-widening democratic deficit in East Devon? Enraged by the secrecy and vagueness of our devolution deal? Fed up with an MP who will not speak about his constituency in Parliament and won’t even live in it? Celebrating the rise of independents at every level of local government in the district? Here is how you get it to a wider audience:

“Anywhere but Westminster is travelling the country to get a sense of British politics away from the Westminster bubble. During this period old fashioned two-party politics has been diminished and a palpable sense of unrest with the status quo has emerged.

For their new series, the pair are back on the road, hunting out radical new politics in some unlikely place. We would like you to tell us where you think they should go?

Share your views in the form linked on the webpage below or get in contact with John Harris (@johnharris1969) and John Domokos (@JohnDomokos) via Twitter.”

http://www.theguardian.com/politics/2016/apr/25/anywhere-but-westminster-where-should-we-go?CMP=Share_iOSApp_Other

Government opposes requirement for sustainable drainage

” … With the government promising hundreds of thousands of new houses in the next few years, this problem [surface water flooding] is likely to accelerate. At present, housing developers are able to connect new homes to existing sewage and water networks without having to upgrade them, which puts new houses and nearby existing ones at the threat of overload and flooding, and the unpleasant effects that come from sewage outflows.

An amendment to the housing and planning bill, to be discussed in the Lords on Monday, would remove this right and require builders to use “sustainable drainage systems”, which can include incorporating vegetation and other features to allow water to be naturally absorbed.

The government opposes the amendment, but a cross-party group of peers may muster enough votes from rebel Tories to defeat ministers.”

http://gu.com/p/4tfd7?CMP=Share_iOSApp_Other

“Housing Bill: 16 Defeats And U-Turns Inflicted On Government’s Flagship Reforms”

“The Government’s flagship housing legislation is having a miserable time of it in the House of Lords. Three defeats last week followed by five this mean the Housing and Planning Bill will look significantly different by the time it returns to MPs a week on Monday.

And peers have another day at it.

From ending council houses for life to selling off expensive social housing to subsidise home-buyers, the Housing and Planning Bill is the Government’s answer to the housing crisis.

But it has critics. And with an “anti-Tory” Labour-Lib Dem majority in the House of Lords, plus disgruntled Tory peers, the Bill is being slowly demolished.

MPs may ignore the will of the Lords, but there has already been a series of concessions. Here are 16 defeats and U-turns it’s suffering from.

1. The Treasury has been blocked from keeping the proceeds of the forced sale of high-value council houses – to fund Right-to-But discounts – without parliamentary approval.

2. A flagship scheme to hand well-off first-time buyers a taxpayer-funded 20% discount on a Starter Home has been moderated.

3. English councils can decide how many starter homes are built-in their area.

4. Peers voted in support of a Labour-led amendment to give local councils the discretion over whether to implement “pay to stay”, a market rate charge for better-off tenants.

5. Peers to back an amendment to lower the “pay to stay” taper rate from 20p to 10p in every pound, so lower-paid families would not be hit as hard.

6. The Lords voted 266 to 175 to increase the “pay to stay” threshold by £10,000.

7. Wide open “planning permission in principle” powers are to be limited to housing development.

8. Parish councils and local forums right to appeal against developments they think go against a “local plan”.

9. The Government will consider a proposal to ensure a one-for-one – and like-for-like – replacement of council homes sold under the forced sale.

10. The Government is to look at backing down on the forced sale of council homes in national parks and areas of national beauty.

11. Ministers have accepted a proposal to make it harder for landlords to evict vulnerable people that have abandoned their homes.

12. The Government has been forced to consider giving councils discretion to exclude building homes in rural areas.

13. Ministers backed down on replacing lifelong secure tenancies with contracts lasting up to five years, and agreed to extend maximum to 10 years.

14. Ministers will insist letting agents have to put money in to a Client Money Protection account to stop “rogues” running off with deposit.

15. Ministers agreed to review planning laws relating to basement developments amid fears councils cannot control the growth of “subterranean development”.

16. The Government will look again at private landlords being able to reclaim properties when the become vacant after concern that it was open to being used as a “back-door” way to evict tenants.

Source: http://www.huffingtonpost.co.uk/entry/housing-bill-defeats-u-turns_uk_571a0368e4b077f671e7bb8e

Devolution – not all it is cracked up to be

There are significant accountability implications arising from ‘devolution deals’ which central government and local areas will need to develop and clarify, the National Audit Office has said.

In a report, English devolution deals, the spending watchdog said these implications included “the details of how and when powers will be transferred to mayors and how they will be balanced against national parliamentary accountability”.

The NAO noted that the ten deals agreed so far involved increasingly complex administrative and governance configurations.

It stressed that, as devolution deals were new and experimental, “good management and accountability both depend on appropriate and proportionate measures to understand their impact”.

The watchdog said that to improve the chances of success, and provide local areas and the public with greater clarity over the progression of devolution deals, central government should clarify the core purposes of the arrangements as well as who will be responsible and accountable for devolved services and functions.

Central government should also ensure it identifies and takes account of risks to devolution deals that arise from ongoing challenges to the financial sustainability of local public services, the NAO added.
HM Treasury and the Cities and Local Growth Unit are responsible for managing the negotiation, agreement and implementation of devolution deals on behalf of central government as a whole.

Amyas Morse, head of the National Audit Office, said: “Despite several iterations of deals, the Government’s approach to English devolution still has an air of charting undiscovered territory. It is in explorer mode, drawing the map as it goes along.

“Some of the opportunities and obstacles are becoming clearer, but we still do not have a clear view of the landscape or, crucially, an idea of the destination.”

Morse added: “Devolution deals provide important opportunities to reform public services. As with any experiment, some elements will work better than others. As we have said before, it is in the interests of both local areas and the government to know which programmes have the biggest impact for the money invested. Localism is not a reason for failure to learn from experiences or to spread best practice.”

Responding to the NAO report, a Local Government Association spokesman said: “Councils are working hard on implementing agreed deals and are working with government to finalise those deals which are still to be signed.

“It is imperative that the momentum is maintained to secure deals, especially in non-metropolitan areas whose economic potential is just as significant as that of big cities.”

“In terms of accountability, devolution has the potential to improve the democratic process by allowing decisions to be made closer to local people to best meet their needs. But councils should be free to put in place the appropriate model of governance for their communities and not have a ‘one-size-fits-all’ model imposed on them where significant new responsibilities are devolved.”

The LGA spokesman added: “The report rightly recognises the possible complications arising from differing geographies for service delivery and councils, particularly for the recently announced sustainability and transformation plans. Councils and their partners will continue to take a pragmatic approach to designing and delivering services that best meet the needs of their communities.

“We support the study’s findings that devolution needs to be accompanied by fair and sustainable funding by Whitehall to manage risk and ensure devolved areas can run services successfully.

“This will help to ensure that the opportunities provided by devolution – delivering economic growth, building more homes, creating jobs and a skilled workforce, and joining up health and care services – will be actively embraced by both local and central government.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26690%3Aspending-watchdog-warns-on-devolution-deals-and-accountability&catid=59&Itemid=27

“The planning and delivery potential of LEPs” – Royal Town Planning Institute briefing

…”LEPs need to keep their private sector representation under review, and strengthen their relationship with local business organisations and local authority economic development teams, to ensure that plans and priorities reflect local business and interests. …

… LEPs should assess the social and environmental implications of decisions as part of their project appraisal processes. …

… The Local Growth Deals that have been agreed focus on transport and infrastructure aimed at unlocking employment and housing development. These appear quite generic in nature, with only a relatively small proportion of projects directed towards supporting priority growth sectors. Funding is also focused on principal urban areas and main transportation corridors. The resources secured and allocated by LEPs are being directed more towards areas of opportunity rather than need. …

… The relationship between local authorities and LEPs appears to be led at a corporate level and is largely resourced from economic development teams of upper tier authorities. There is little direct involvement of local authority planners with the work of LEPs and their awareness of LEPs’ activities is typically low (the exception is the West of England LEP, where the West of England Partnership has helped to bring forward additional joint working). …

… From the perspective of local planning authorities, LEPs are not seen as having a significant role to play in sustainable development given their clear remit around local economic growth. This stands in contrast to the work of the former South West RDA, which had a significant focus on environmental and social dimensions. …”

http://www.rtpi.org.uk/media/1733440/rtpi_research_briefing_-_local_enterprise_partnerships_in_the_south_west_18_march_2016.pdf

Devon and Somerset Devolution: a brief primer

By Georgina Allen, South Devon Watch, Facebook

“Devon and Somerset are in the middle of a Devolution process.

The word Devolution sounds as though it will increase and support local democracy, but in fact the opposite is true. What we are experiencing looks more and more like the privatisation of local authorities and local democracy – our devolution bid has been written and is being led by a group called the Heart of the South West Local Enterprise Partnership, or the HoSWLEP for short.

This is a quango made up mainly of business men, a couple of women and a few councillors. The business people are primarily property developers, construction CEOs and arms manufacturers. There are 24 of them and they are self-appointed, un-transparent, unaccountable and hold their meetings in secret. They publish minutes, but these are so opaque as to make them pointless. These people have written a bid for the future of Devon and Somerset, which is full of grandiose aspirations for growth.

They want to create 123,000 jobs, build business parks and growth hubs and most worryingly 179,000 houses.

They have no public mandate for this other than the fact that all our local councils have signed up to this bid.

Many local councillors have publicly stated that they are very unhappy with the way the devolution bid is shaping up. In the South Hams, the leader of the council said that they had been coerced into signing up. When questioned further about this, he explained by saying that councils had had their budgets slashed to such a point that they could hardly function.

The government has taken money away from councils and given it to the LEP, unless local councils sign up to the Devolution Bid, they will not get this funding. A simple privatisation practice, but a very effective one. With councils forced to sign up, the LEP have the illusion of a public mandate. There has been incredibly little press about the LEP and they have not consulted with the public, this Bid is going on behind closed doors and is therefore, very concerning.

Where housing is concerned – how did the LEP come up with the figure of 179,000 houses?

This is not based on any known survey. There is no mention of social, affordable or sustainable housing in the bid, just an enormous amount of market housing the LEP want to build.

As the board is mainly made up of developers this raises the question of conflict of interest, which the LEP acknowledge, but which has not stopped them from making the Devolution Bid almost entirely about growth. There is little to no mention of farming, the environment, tourism, all the industries that are most important down here, instead the Bid is about building and growth hubs and IT. It sounds more like a Bid for a northern powerhouse than it does the rural west country.

Most of the growth projections described in the Bid are reliant on Hinkley C going ahead. As there are very real worries about the viability of this, so there should be questions raised about the LEP, who are lacking a plan B. Councillors, MPs, the National Audit Office and many others are becoming increasingly concerned about the process of devolution and the LEP themselves and as a local person, I am also worried at seeing local issues like planning being passed to a quango of business people, who have financial interests in pushing the type of development that is least needed down here.”

“Five ways to power the UK that are far better than Hinkley Point”

” … Electricity demand is already falling. The Somerset site for Hinkley C was approved in 2010 but since then UK demand has already fallen by more than the plant will produce, about 25TWh a year or 7% of today’s demand. Due to repeated delays, Hinkley C is unlikely to produce electricity much before 2030, by which time six Hinkleys’ worth of electricity could have been cut from the national demand, according to a McKinsey report for the government.”

http://gu.com/p/4htaf

The article goes on to say that five different approaches – wind, solar, cost reductions, inter-connection and improved storage and flexibility – are a more rational scenario than Hinkley C.

Which of these alternatives is our LEP researching for our region – none of them. It is firmly committed to this government’s political decision to plough ahead with Hinkley C whatever the cost.

This is what happens when you put unelected business people, chosen we know not how and many with vested interests, in charge of a regional economy

Gateshead asks sensible questions before committing to devolution

“Town hall leaders in the North East are making a series of demands on George Osborne on a number of key issues as talks to devolve powers to the region continue after councillors in Gateshead failed to endorse the latest deal.

An agreement would see the North East handed a raft of new powers and an extra £30m in regional funding in return for establishing an elected mayor as part of the Chancellor’s Northern Powerhouse agenda.

But Gateshead Council’s cabinet voted last week to reject the proposals, sparking doubts about whether the deal could be made.

The region’s six remaining local authorities are now looking to press ahead, but are calling for “clarification and commitment” from the Government on a number of “outstanding issues” from the Government before deciding whether to give their seal of approval to the multi-billion pound covenant.

The North East Combined Authority has set out a list of these issues ahead of further talks with the Government and has delayed making a final decision until May.

Newcastle Council’s leader Nick Forbes, whose council has endorsed the deal, said at a meeting of the authority’s leadership board: “None of us would have had this deal as a starting point, but it is important that we take this first step.”

Helen Golightly, North East Local Enterprise Partnership’s chief operating officer, said the meeting “underlined the region’s continued support for devolution”.

She said: “There are still matters where the local authorities feel they need more clarification from Government. The North East LEP remains fully supportive of the devolution process.”

She added: “Devolving powers will give us more opportunity to help drive the economic growth our region needs to contribute our full worth to the UK economy.”

Outstanding issues include a lack of certainty over £30m a year funding over 30 years and the need to “rural proof” investment to ensure rural areas are not left behind. The councils are also awaiting confirmation on how the Government plans to devolve funding for sustainable transport. Leaders also want further commitments to ensure the North East is not put at a financial disadvantage in relation to Scotland.

Jeremy Middleton, North East LEP board member and a mayoral candidate for the region, said the North East Combined Authority’s politicians were “holding the region back”.

He said: “This delay means there is a very real risk that the North East will be left behind again.”

A Government spokesman said: “The Government is making huge progress towards rebalancing Britain’s economy and empowering local areas through the devolution of powers and resources away from Whitehall.

“This is a bottom up process and if any local authority in the end decides it no longer wants to be part of it, then we will continue to work with those local partners who do, in order to make this historic opportunity in for the North East a reality.”

http://www.independent.co.uk/news/uk/politics/devolution-northern-powerhouse-gateshead-knocks-back-george-osborne-over-devolution-deal-for-north-a6957206.html

“Democracy: the missing link in the devolution debate”

“Key findings

Of the arguments made for devolution, 41.6% focus on achieving economic growth as the main justification for devolving power.

Only 12.9% of arguments make the case for devolution in order to shift power, strengthen democracy, and increase citizen involvement in decision-making.

Just 7.4% of arguments address inequalities in wealth and power between regions.

Environmental sustainability is part of just 0.8% of arguments.

Only 2.9% of arguments address the potential downsides and risks of devolution.

Local governments in particular seldom consider the impact of devolution on democracy, discussing democratic outcomes less than central government or think-tanks.

For full report, see:

http://www.neweconomics.org/publications/entry/democracy-the-missing-link-in-the-devolution-debate

Chardstock and Dunkeswell: Scrutiny Committee report throws up worrying matters

How sensible it was of Councillor Gardner to make her own recording of this meeting, as it appears the Council’s own audio equipment broke down for this section of the meeting.

What follows is Councillor Gardner’s report.

Scrutiny of late amendments to the Local Plan: what did we learn?
Written by Cathy Gardner on 22-Mar-2016. Posted in Cathy Gardner EDA web site:

“On Thursday 17 March 2016, EDDCs Scrutiny Committee finally examined what went on in March last year when, at the 11th hour, two changes to the draft Local Plan (LP) were voted through. Using clear criteria, Officers had compiled a list of ‘sustainable’ villages, which excluded Dunkeswell and Chardstock. However, at the final Development Management Committee (DMC) meeting for the LP, Dunkeswell was added to the list and at the extra-ordinary Council meeting to finalise the LP, Chardstock was added in. These actions were taken without any request for Officers to verify the evidence supporting the changes.

The decision to include Dunkeswell was made on the suggestion by the then-ward member that a school was going to be built. This was not the case. Arguments made in support of Chardstock by the Deputy Leader Andrew Moulding, on behalf of the ward member, the Leader of the Council Paul Diviani, were also erroneous.

It seems that Planning Officers did not think it was necessary (or even appropriate) to check the information stated by the then ward member for Dunkeswell, despite there being time to do this before the Council meeting. Even more interesting was the assertion by the Councils’ Legal Advisor that it is not the role of any officer (including the CEO Mark Williams) to “…withhold decision-making powers from Councillors” (1). This may be true but surely Officers must give clear advice to Councillors, especially if a proposed decision might be unsound. In this case the CEO did not provide clear advice (2) to full Council that they were being asked to vote on amendments which were both against Planning Officer advice and based on information that had not been verified. He did not suggest that Members might prefer to ask for the information to be confirmed before voting or that making a decision under these circumstances was inadvisable.

The urge to get the draft LP signed off seems to have overridden any caution that making last minute changes might be unsound. Fortunately, in these cases, the Inspector did not uphold the changes and neither village is now in the ‘sustainable’ list. Unfortunately there have been consequences for Chardstock and development was approved on the understanding that the village was to be classified as ‘sustainable’.

So, apparently, Members can make unfounded and unconfirmed assertions and if other Members accept what they are told, they can vote through changes to a document as vital as the LP, contrary to the result of proper process and Officer advice without any difficulty. In the end the Council is accountable for its decisions and they should be evidence-based, but the only recourse for communities affected by an error is a Judicial Review (JR). If someone can afford to bring a JR and wins, the result will be a cost to the Council – which is our money. There are no sanctions for any Members who may present incorrect information to bring such a result about.

Can this happen again?

Yes, almost certainly. In the short term the Villages Development Plan is being finalised. In the medium term the LP will be up for review. So there will always be opportunities for incorrect information to be used to sway the content of development plans.

So what can we do?

I suppose the only thing we can do is to be alert to events like this and make efforts to call them out as they happen; to request that Officers confirm what is being suggested and to ask for any vote to be deferred until this has happened. We have to insist that all decisions are based on sound evidence.

The lesson for Members has to be to not take anything at face value, no matter who says it. Put the interests of residents first, follow evidence-based advice and do not be swayed by persuasive speakers. And perhaps wonder about the motives behind such actions.

Personal audio recording of Scrutiny Committee meeting, March 17 2016 (Council system broke down during this part of the meeting), C Gardner
2. Audio recording of extra-ordinary Council Meeting, March 26 2015, EDDC website (2:42:44) http://eastdevon.gov.uk/recordings/council/eocouncil260315recording

Source: Scrutiny of late amendments to the Local Plan: what did we learn?
Written by Cathy Gardner on 22-Mar-2016. Posted in Cathy Gardner

Judge overturns Planning Inspector’s decision challenged by council – on grounds of landcape quality and sustainability

“A district council has won a High Court appeal after an inspector granted a developer planning permission for 85 dwellings and associated works, in a key ruling on the operation of the National Planning Policy Framework.

In August last year Gladman Developments won permission on appeal for the scheme on land north of Ross Road in Newent.

Forest of Dean District Council, which had in February 2015 refused permission, appealed under section 288 of the Town and Country Planning Act 1990.

In its challenge to the inspector’s decision the local authority advanced four grounds of appeal. They were that the inspector:

Failed to consider and give reasons as to whether the site was a ‘valued landscape’;


Incorrectly applied the NPPF at paragraph 134 and the test on harm to heritage assets;

Failed to consider the interaction between paragraph 134 and paragraph 14 [the presumption in favour of sustainable development] of the NPPF and therefore applying the wrong test;


Gave inadequate reasoning.


The Communities Secretary accepted that Ground 3 had been made out and joined Forest of Dean in asking the judge, Mr Justice Coulson, to quash the decision.

Gladman Developments did not accept Ground 3.

In Forest of Dean District Council v Secretary of State for Communities & Local Government & Anor [2016] EWHC 421 (Admin), Mr Justice Coulson ruled that Forest of Dean’s application on Ground 3 had been successful.
The judge also concluded that it could not be said that, if the inspector had applied the right test, he would necessarily have reached the same answer.

Mr Justice Coulson therefore allowed the application to quash.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=26204:judge-quashes-planning-permission-for-85-home-scheme-after-appeal-by-council&catid=63&Itemid=31

Yet another battle to fight: more, many more, sneaky changes to planning

The devil is in the detail here – so many “minor” changes, never seen before – all gearing up to give our LEP total control of the planning system:

“This consultation seeks views on the proposed approach to implementing the planning provisions in the Housing and Planning Bill, and some other planning measures. It covers the following areas:

Changes to planning application fees
 Permission in principle
 Brownfield register
 Small sites register
 Neighbourhood planning
 Local plans
 Expanding the planning performance regime
 Testing competition in the processing of planning applications
 Information about financial benefits
 Section 106 dispute resolution
 Permitted development rights for state-funded schools
 Changes to statutory consultation on planning applications”

Click to access Planning_consultation.pdf

WE HAVE UNTIL 15 APRIL 2016 TO RESPOND

Straitgate Quarry: DCC votes to allow it progress despite major drawbacks

” … Disappointment was expressed this week after Devon County Council’s (DCC) development management committee (DMC) voted to keep the site in its minerals plan – which earmarks land suitable for future aggregate supplies.

Speaking at the DMC meeting on Wednesday, Councillor Claire Wright argued the inclusion of Straitgate in the plan makes it undeliverable. She implored members to consider deferring the matter.

Cllr Wright said that opposition from one land owner who controls access makes the site undeliverable, as does the lack of a viable processing place. AI’s proposals rely on it processing material at Blackhill Quarry in Woodbury – land that has not been approved for inclusion in the plan. Cllr Wright also argued AI’s estimated 1.2million tonnes of material could only be achieved by quarrying down to the water table – which would have a detrimental impact on the important environmental area, affect water supplies and also pose a flood risk. She added: “I also want to point out the level of opposition in Ottery. Over the last four years, there have been hundreds of objections.”

DCC officer Andy Hill said: “It is correct that the planning application has thrown up certain constraints. We feel there is an expectation that the site is deliverable in some form.”

On the amount of material, he said: “A definitive figure is not available but, if it’s less than expected, it is not fatal to the plan.”

Cllr Robert Vint suggested it is premature to go ahead with the plan in light of the points raised.

However, members agreed that a planning inspector will consider all of the points raised during the examination process and voted for the plan to be submitted to the next stage.

Monica Mortimer, of the Straitgate Action campaign group, said: “We will keep fighting. We are grateful to Claire for sticking up for the people of Ottery. The officers are only hearing one side of the story and they refuse to consider other points.”

Applications for the quarry at Straitgate Farm and a processing site at Blackhill are both yet to be decided by DCC.”

http://www.sidmouthherald.co.uk/news/vow_to_keep_fighting_100_acre_quarry_proposals_on_ottery_s_outskirts_1_4406014

What is ” countryside”? What is “sustainability”.

Is this the definitive list of “sustainable” villages in East Devon?

“Replace Strategy 27 with the following:

The following settlements vary in size and character but all offer a range of accessible services and facilities to meet many of the everyday needs of local residents and they have reasonable public transport. They will have a Built-up Area Boundary that will be designated in the East Devon Village DPD though they will not have land specifically allocated for development.

 Beer
 Broadclyst
 Clyst St Mary
 Colyton
 East Budleigh
 Feniton
 Kilmington
 Lympstone
 Musbury
 Newton Poppleford
 Sidbury
 Uplyme
 West Hill
 Whimple
 Woodbury”

Click to access appendix-1-main-modifications-2.pdf

page 48

Does this mean that highly controversial plans to extend Chardstock and Dunkeswell hits the buffers? This paragraph (page 13) suggests that places other than those listed above come under this policy:

“The countryside is defined as all those parts of the plan area that are outside the Built-up Area Boundaries and outside of site specific allocations shown on the Proposals Map. Development in the countryside will only be permitted where it is in accordance with a specific Local or Neighbourhood Plan policy that explicitly permits such development and where it would not harm the distinctive landscape, amenity and environmental qualities within which it is located, including:

1. Land form and patterns of settlement.
2. Important natural and manmade features which contribute to the local landscape character, including topography, traditional field boundaries, areas of importance for nature conservation and rural buildings.
3. The adverse disruption of a view from a public place which forms part of the distinctive character of the area or otherwise causes significant visual intrusions.”

Or is there a loophole elsewhere that the unscrupulous could exploit?

“A wholesale power grab: how the UK government is handing housing over to private developers”

“In any sane universe, something called the Housing and Planning Bill might safely be assumed to stimulate house building and improve planning. But the bill, which receives its third and final reading in the House of Commons today, does exactly the opposite of what it says on the tin. It will exacerbate the housing crisis and further enfeeble the planning system in ways we cannot yet comprehend.

The primary assault on social housing has been much discussed in these pages. The bill’s flagship measure – promoted at ownyourhome.gov.uk – will replace genuinely affordable homes with public subsidies for property investors. Rather than building homes for affordable rent, the legislation will force local authorities to build “Starter Homes” for first-time buyers. Capped at £450,000 in London and £250,000 in the rest of England, these homes will be unaffordable for people on average incomes in over half of the country, as Shelter has pointed out. Buyers will be free to sell their assets after five years at full market value, thereby minting a new generation of property speculators and removing any long-term benefit for future first-time buyers.

In addition to this, the bill will extend Right to Buy to housing associations, further depleting the number of homes for social rent. It will also compel local authorities to sell their highest value housing stock and pass the proceeds on to central government. Given that these high value areas are already subject to the greatest pressures on affordable housing, the effect will simply be to remove resources from the places that need it most. It will see British cities divided further into segregated enclaves for rich and poor.

The bill will bring an end to secure lifetime council tenancies, replacing them with two to five-year tenancies, and force those with a total household income of over £30,000 to pay market rents – hitting low-paid working families hardest.

In short, it is a raft of misguided measures that will only increase housing inequality. As campaign group Architects for Social Housing – demonstrating outside Parliament today – puts it, the bill is “an extremely subtle and duplicitous piece of legislation that in almost every aspect does something very different, if not the direct opposite, of what it is claiming to do.”

But the planning side of the bill has yet to receive the attention it deserves, in either the Commons or the national media. The proposed changes are shrouded in a haze of intentional ambiguity, but they threaten to eat away at the last shreds of the democratic process that safeguards how our communities are made, putting power instead in the hands of developers.

The most radical measure is the introduction of automatic planning permission in principle on sites allocated for development, without applications being subject to the usual rigours of the planning process. When the idea was mooted in October, ministers suggested it would initially be limited to proposals for housing on brownfield land but nothing in the legislation prevents it from being applied to any kind of development on any site.

“It is extremely dangerous,” says Hugh Ellis, policy director at the Town and Country Planning Association. “It could apply to all forms of development – for example, fracking could easily be given ‘permission in principle’ as part of a minerals plan. You can’t make a decision in principle about a site until you know the detail of its implications, from flood risk appraisal to the degree of affordable housing. Giving permission in principle would fundamentally undermine our ability to build resilient, mixed communities in the long term.”

Ellis fears that the bill marks the introduction of a “zonal” planning system, along US lines, whereby land is zoned for particular uses at a broad-brush scale and permission granted without the finer-grain negotiation of applications on a case-by-case basis, which has always defined the English postwar planning system.

“Zoning is one of the major contributors to the economic and social segregation of cities in America,” says Ellis. “If the government is going to make such a fundamental change to the planning system there needs to be an enormous amount of public debate and research. The future of British cities is at stake here, but there’s been no white paper and no public discussion at all.”

Lack of debate seems to characterise the entire bill, which saw several crucial amendments slipped in under the radar just before Christmas. In a change that opens the door for the privatisation of the planning system, communities secretary Greg Clark added a clause in December to allow the “processing of planning applications by alternative providers”. Rather than submitting a planning application to the local authority, it suggests that developers could assign a “designated person” to process the application for them instead.

Dr Bob Colenutt, planning expert at the University of Northampton, describes the move as “iniquitous”. “It will replace a public-sector ethos with a developer-led ethos,” he says. “The ‘designated persons’ are likely to be consultants who also work for the private sector, which introduces probable bias and reduces the public scrutiny trail. And it is very likely to reduce the right that the public has to make comments on planning applications.”
In the same way that developers’ financial viability assessments have been hidden from public view, it could mean that the entire planning process happens behind closed doors, with applications assessed by private consultants, paid for by the applicants.

“The question is, what problem is this really trying to solve?” asks Janet Askew, president of the Royal Town Planning Institute. “Local authority planning departments are critically underresourced, so if it’s a question of them being too slow then the government needs to increase their capacity, not strip it away further.”

Elsewhere in the bill, if local powers aren’t being handed out to the private sector, they’re being trampled by central government. Independent planning inspectors will be bypassed in a measure that lets the secretary of state intervene in the assessment of local plans. Another clause introduces a new power that will allow the government to produce plans for areas where it deems the local authority to be “failing or omitting” to do the work.

“It is all profoundly undemocratic,” says David Vickery, a recently retired senior planning inspector. “The bill represents a significant centralisation of powers by government to micro-manage planning, without thinking through the consequences. It reads like a panicked reaction to current low housebuilding rates, and the fact that the government doesn’t trust anyone other than itself to do the job. It proves that localism is dead.”

By further diluting the planning system in the name of “cutting red tape”, the government has picked the wrong target once again: the problem isn’t with planning, but with developers sitting on land. DCLG figures show that planning permission was granted for 261,000 homes in the year ending March 2015 (against the need for at least 240,000 homes per year), but only 125,110 homes were actually built. Put simply, 136,000 more homes were consented through the local planning system than were built by house builders. And, as a recent Guardian investigation revealed, the UK’s biggest developers have a land bank big enough for 600,000 new homes. It might be an idea to get them to use it. Instead, this bill represents a wholesale power grab, transferring both housing assets and planning powers from public to private hands in a drunken festival of deregulation.”

http://www.theguardian.com/artanddesign/architecture-design-blog/2016/jan/05/housing-and-planning-bill-power-grab-developers

Housing myths

Following on from the post below, here is an article from Simon Jenkins challenging myths about housing that appeared in the Guardian earlier this month:

“Here are the most damaging myths about the policy issue that’s on everyone’s lips – and a few brutal realities
Housing is Britain’s top policy issue. It is the “crisis” of our day. London’s mayoral elections, says Labour’s Sadiq Khan, should be a “referendum on the housing crisis”. The migration crisis, the NHS crisis and the poverty crisis all pale before its awesome might. So what is the “solution”?
There is no solution. As in all political crises, there are tribal myths and economic realities. When the myths win, policy degenerates into chaos and counterproductivity. First, let’s deal with the myths.

1 That there is a housing “crisis”. There is none. Too many people cannot find the house they want in London and the south-east, which is where most politicians and commentators live. This is inevitable where an economy is booming. Average prices in London may be £500,000, but in the north-west and north-east of England they are £150,000. You can get a decent home in Salford for £65,000.

2 That an average is a minimum. It is not. Housing hysteria is based on averages. When someone asks “How can I possibly afford £500,000?”, the answer is: you cannot, but somebody presumably can. But go on Zoopla and there are houses in parts of London for £180,000. Even the poorest newcomers seem to find somewhere (usually private) to rent.

3 That there is a national “need” for 250,000 new houses a year. For decades this has been Whitehall’s meaningless concept of “household formation”, taking no account of regional preference, propensity to move home, house prices or cost of finance. Housing need implies homelessness. It should refer to the 60,000 people currently in temporary accommodation, who ought to be the chief focus of policy attention. All else is “demand”.

4 That the solution to house prices lies in building more new houses. New houses are always worth building, where the infrastructure is in place. But new houses account for a mere 10th of housing transactions. The chief determinant of house prices is the state of the market in existing property and the cost of finance. During the sub-prime period, prices soared in America and Australia despite unrestricted new building. It was cheap money that did the damage. The house-builders lobby equates housing to “new build” because that is where their interest lies.

5 That the solution lies in the green belt. This is an anti-ruralist’s version of myth four. Even were the green belt obsolete, which few accept, or partly so (which I accept), it will not dent the pressure of overall demand. Nor is sprawl remotely “sustainable” development. It requires new infrastructure and puts more pressure on roads and commuting. It is bad planning.

6 That high buildings are the answer. They are inefficient as the higher you build the more is spent on servicing. London’s most popular and economic housing is “high density/low rise”. Towers have supplied mostly empty pads for the rich, housing no one.

7 That the answer lies in new social housing. Security of tenure and low turnover – not to mention right to buy – renders the fixed stock of public housing inflexible and immobile. Increasingly it has become a generous donation by the taxpayer to a fortunate few, for life. It is largely irrelevant to acute homelessness.

8 That people have a “right” to live where they or their parents lived before. Localities benefit from stable populations, but conferring and bequeathing such a right to discriminatory subsidy is in no book of rights.

9 That there is also a “right” to home ownership. The state has a housing obligation for those who need help. Home ownership is capital accumulation, developed out of the Tories’ mortgage tax relief as a form of saving for old age and to endow offspring. It promotes inequality and cannot be termed a right.

10 That renting is stupid. Renting is buying a service. About 60% of Germans rent. They do not think of buying until their 40s. Booming Berlin has 90% of its population renting. Renting aids labour mobility and channels savings into productive investment. As a result, Germany has little house price inflation and no “ladder” advantage to owning not renting.

11 That buy to let is evil. The poorest people rent from the private sector. The more houses are available to rent, the more flexible is the housing stock and the lower are rents for those who do not buy. Whether buyers-to-let should enjoy tax breaks and whether rents should be regulated are quite different matters.

Facing these myths stand a few realities.

1 There is no “need” to build on rural land outside cities. Jobs, leisure and infrastructure are available in cities. We should not aid hypermobility with sprawl. Every city, in de-industrialising, leaves empty sites stuck in planning arguments or delayed decontamination. The London agents Stirling Ackroyd have identified sites for 500,000 houses in London without touching the green belt. People may like houses in the countryside, but that is preference not need.

2 The one massive reservoir of vacant residential property in Britain is under-occupied property and underdeveloped city land. London is awash with small houses and empty rooms, its residential density the lowest of any big city in Europe. Detached houses, spare rooms and gardens are the nation’s luxury. Britons had 1.5 rooms per person in 1981 and have 2.5 today, even as new housebuilding is declining. Freeing up this capacity should be the overwhelming goal of policy.

3 Tax makes it worse, not better. VAT discriminates in favour of new building and against the conversion of existing properties. Stamp duty is a tax on transactions, and thus on downsizing and more efficient use of space. Council tax is wildly regressive, promoting wasted space. Inheritance tax relief rewards hoarding.

4 Planning control is too strict. Permitting an extra storey, apartment or back extension on every existing property would drastically increase density and capacity. London can grow higher without growing high.

5 The most effective way to relieve housing poverty is through housing benefit, at present chaotically administered. Cash payments are more flexible and fit for purpose. They should extend to a new “public sector Airbnb”, geared to bringing vacancies to market.

6 The only way to force down rents and house prices in the south is to strain every policy sinew to make London poorer and the regions richer. That seems too radical for anyone.”

Simon Jenkins
The Guardian, Thursday 1st October 2015

http://www.theguardian.com/commentisfree/2015/sep/30/housing-crisis-policy-myth-realities

Sustainable Transport Checklist

Those (and there are many) battling inappropriate developments in our district might find this publication useful:

Click to access Masterplanning_Checklist_2008.pdf