Call to tackle sewage and floods with 12-year-old law

Experts have urged ministers to use a 12-year-old law to ensure that homebuilders in England provide more green spaces to curb the risk of flooding and sewage pollution.

Successive ministers have resisted the move, fearing it would hinder meeting targets for homes and end a builder’s right to connect to existing sewers.

Adam Vaughan www.thetimes.co.uk 

Forty planning, engineering and environment groups have written to the prime minister, urging him to implement schedule three of the 2010 Flood and Water Management Act.

This would mean companies building and maintaining “sustainable drainage systems” (SuDs), such as ponds, planters and permeable paving, so drains were not swamped during heavy rain. “Implementation is essential to address growing surface water flood risk [and] tackling the sewage pollution problem,” the signatories, including the Royal Town Planning Institute, the Town and Country Planning Association and Water UK, the trade body, said. The government has been reviewing the issue, and a decision was initially due in October.

The Times understands the advisory group on the review is in favour of implementing schedule three.

“Backward thinking and policies mean 1.5 million homes have been built in a way that doesn’t manage water well. Climate change-driven extreme weather advances and sewers are full to overflowing,” Terry Fuller, chief executive of The Chartered Institution of Water and Environmental Management, which organised the letter, said.

The groups behind the letter say that while some developers perceive SuDs as “difficult and expensive”, that was not true and they could even be cheaper than conventional drainage.

The National Federation of Builders said: “There is a likelihood that schedule three becomes the 12th tax on industry in the last two years.”

A Defra spokesperson said: “The government is reviewing the case for implementing schedule 3 of the Flood and Water Management Act 2010. This would introduce standards for most new drainage systems and would make it compulsory that systems gain regulatory approval before any construction work commences.”

 

Why are Budleigh residents getting “hammered” daily?

From a correspondent:

Why is Budleigh Salterton suffering this terrible, hammering noise, I have been asked?

The old Victorian combined sewer outfall passes under the estuary at its mouth to discharge on the lee side of the Otter Head rocks. This pipe spilled RAW sewage 48 times for 433 hours in 2021 into the bay. (the latest figures available).

The swimmers  who live in the town will testify that there has been times when it would be foolish to enter the sea this summer.

This pipe is now likely to be subject to erosion when the Lower Otter Restoration Project is complete. If it is to continue to be used to discharge poo into the sea it must be replaced. This means using a hydraulic hammer to drive a new pipe horizontally under the Lime Kiln car park to the other side of the estuary mouth.

This may have been understandable if there was no money available but £2.2 billion was accessible for water companies to build wastewater infrastructure and tackle sewage being ditched in our rivers and seas. And, as Owl recently reported, South West Water is the second worst investor after Yorkshire Water spending only 39% of what it could.

 Water companies fail to splash out on improvements, especially SWW | East Devon Watch

With this money available one might have hoped that SWW would make this pipe redundant and sort out the mess at the Lime Kiln Pumping station.

Budleigh residents can now rest assured that their untreated poo can continue to be discharged at the Otter Head for the next 100 years on a weekly basis.

Cornish second-home owners face double tax to tackle crisis

Second home owners in Cornwall are set to be charged twice the normal rate of council tax under a proposal to give the local authority more powers to raise income from out-of-towners.

Will Humphries, Southwest Correspondent www.thetimes.co.uk

Councils would also be given powers to charge a 100 per cent council tax premium on people who leave their properties empty for one year or more.

Cornwall council’s scrutiny committee agreed in principle to the doubling of charges for both categories on Tuesday, and that the leader of the council should write to the secretary of state asking that all English local authorities should have the ability to raise council tax on second homes even to three times the normal rate.

The move followed a request by Julian German, an independent councillor and former leader of Cornwall council, who wants to bring England in line with Wales. The Welsh government introduced a law this year that allows local authorities to set council tax premiums of up to 300 per cent on second homes and long-empty properties.

German told The Times: “If the Westminster government wants to devolve the ability for councils to raise council tax on second homes then why put a cap on it at 100 per cent; why not trust local government to decide what is right for them, be that 150 per cent or 400 per cent?”

The proposals are subject to the government’s Levelling-up and Regeneration Bill receiving royal assent. The bill gives local authorities powers to double council tax on second homes and is expected to be made law in time to apply from April 2024.

North Yorkshire county council, which has the highest concentration of second homes in England, became the first English council last month to pass a measure committing itself to doubling council tax bills on second homes.

At present Cornwall can double council tax only on homes that have been empty for two years or more.

It charges a 200 per cent premium on homes left empty for more than five years and 300 per cent for those empty for more than ten years.

A report to the committee estimated that doubling the rates of council tax on all second homes could generate an extra £27 million in revenue for the authority. According to the report, there are more than 13,000 properties in Cornwall classed as second homes on the council tax system — one of the highest levels in the country.

“Second home ownership within Cornwall is significant and is recognised to have a negative impact in terms of the supply of homes available to meet local housing need,” the report said.

It said data shows 722 properties are being charged a 100 per cent premium for being empty for more than two years, generating £854,000.

Second homes and holiday lets are blamed for an affordability crisis in Cornwall after falling stocks of housing to let led to a sharp rise in rents.

Locals have been upset over recent years by prominent second home owners, including the celebrity chef Gordon Ramsay who came down from London to spend much of lockdown at his second home on the coast.

St Petroc’s, a homelessness charity, said last week that “thousands” of local people were at “breaking point”. The council’s cabinet must vote on the proposal before a formal resolution goes to a vote of the full council.

The people of Salcombe, the Devon seaside town known as “Chelsea-on-Sea” for its wealthy visitors, became so worried about second home owners buying prime properties that they have enacted the strictest code against out of towners in the country.

South Hams district council has made it a legal requirement that all new-build homes must be sold with a Section 106 agreement stating they will be a principal residence in perpetuity.

Several other seaside towns, including St Ives, have introduced rules for new properties to be sold as principal residences but none has dictated that all should remain a principal residence.

 

Will Simon Jupp be commenting on this inflation busting 56% rise?

Everyone is hard up at the moment – including the Conservative party, it seems. According to Bloomberg’s Alex Wickham, the party is raising membership fees by 56%.

An MP’s job is to serve their constituents

Ben Bradshaw www.devonlive.com 

“I must be the only person in the country never to have watched “I’m a Celebrity” and I didn’t make an exception just because disgraced ex Health Secretary, Matt Hancock was on. Mr Hancock has now used his elevated public profile to defend his role during the Covid pandemic before the official public inquiry into it has begun.

His “Covid Diaries”, serialised in the Government-supporting Daily Mail, appear to blame everyone else for the serious errors made during the pandemic. The terrible death toll in care homes was the fault of care staff who infected patients, he claims, rather than the well documented practice of hospitals discharging infected patients to care homes, despite Ministers being warned repeatedly of the consequences of this.

The former Health Secretary says that the Conservative Peer, Baroness Mone, who is being investigated over multi-million-pound contracts for PPE that turned out to be faulty, “bullied” him into putting her company in the VIP lane for contracts during the pandemic. I thought Mr Hancock had managed to convince people he was a “toughie” during his “jungle ordeal”, yet he couldn’t stand up to the unreasonable demands of a lingerie millionairess to whom we must assume he owed nothing.

When a young constituent asked me last week if I would go on “celebrity TV”, he seemed disappointed when I said no. Indeed, I have said no, partly because it would be demeaning, but also because I have the old-fashioned view that an MP’s job is to serve their constituents.

It was against this sorry backdrop that ex-Prime Minister, Gordon Brown, published a major report on the future of Britain this week addressing the constitution, devolution and standards in public life. None of these in themselves is likely to be the hot topic of discussion for most people as they face a multitude of challenges this winter, but they are a serious attempt by a serious politician to provide some of the answers as to why Britain is failing and how to restore trust in politics.

Among the recommendations are reform of the House of Lords, banning MPs from taking most second jobs, independent enforcement of the ministerial code and eliminating foreign money from UK politics. No more Matt Hancock’s, Lady Mones’ or Russian money in Conservative coffers, just conscientious legislators doing their best.

The Labour leader, Keir Starmer, is pledging to implement most, if not all, of these recommendations as essential for the “rewiring” of our democratic system and politics if Britain is to be governed better. I won’t be around to help get such a programme through, if Labour wins the next election, but I wish my Party well and believe these reforms will contribute to making us a better and more successful country.

That change could start now if Rishi Sunak filled the vacant post of the Prime Minister’s Independent Adviser on Ethics and gave them the powers that the Independent Commission on Standards in Public Life has called for. What is stopping him?

More Humbug from Simon Jupp

Simon Jupp criticises EDDC local plan proposals, now out for consultation, as being unimaginative by proposing to “dump” the majority of new development in the west quarter of the district. (See below)

“Councillors should not be allowing historic towns and villages to merge into one another, nor allow homes to be built without adequate infrastructure in place first.” He says.

But isn’t this what Cllr Phil Skinner, current Leader of the Conservative minority group in East Devon, advocated in 2019 when he said this about a proposed network of linked villages:I am bang up for seeing this come forward in the right way.” ?

Result of 25 years of Tory “Build, build, build”

The fact is that it’s the legacy of Tory development policies over a quarter of a century in EDDC coupled with the Tory government housing targets that have left the current Council facing options, none of which are attractive. Most of East Devon outside the AONB has already been over-developed.

In the past twenty years, the local Tories have:

  1. “Persuaded” the residents, through an opaque process under the leadership of Sara Randall Johnson followed by Paul Diviani, to accept the new town of Cranbrook, built on grade 1 agricultural land.  It started by aiming for a population of 2,900 in 2012 and is now projected to reach 22,000 eventually, swallowing up nearby rural villages in the process. It was claimed at the time to relieve future development pressures;
  2. Produced a local plan 2013 to 2031 (adopted in 2016) based on an aggressive jobs led, “policy on” growth scenario requiring more than three times the number of houses needed to satisfy demographic and historic growth trends; 
  3. and were enthusiastic supporters of the Greater Exeter Strategic Plan (GESP) seeing it as an opportunity to use the green fields of East Devon to ease Exeter’s chronic inability to find a five year land supply. One of the main GESP enthusiasts is none other than the current leader of Tories in EDDC, Cllr Phil Skinner. Those who voted to stay in the GESP can be found here. Not a single Conservative voted to leave GESP!

Who set the ground rules that EDDC have to follow in their plan?

The government you claim to be a small part of, Simon.

Right now these policies are in a state of flux because the housing requirements they impose on District Councils, like EDDC, result in just the sort of proposals you are criticising. These requirements bear little relationship to local need. I.e “to help people stay in their own communities, reduce travel to help the environment, or keep families close together” (To quote a phrase of yours).

Yet Owl cannot find any evidence that you were among the 60 rebels that have forced this U-turn on Michael Gove and the PM.

It is too early to tell what this U-turn will mean in practice but it should give EDDC an opportunity to establish the genuine local need.

This opinion article of yours looks like humbug to Owl.

Maybe you could help by working constructively with the elected Council as the MP for Tiverton and Honiton does for his constituents? 

New homes need to be built in the right places 

Simon Jupp www.sidmouthherald.co.uk

East Devon is a great place to live, work and explore. Naturally, we want our children and grandchildren to feel like they can lay down their roots here, too.

Homes to buy and for long-term rent are increasingly out of reach for people who grew up here or who work locally – including for key workers in the NHS, social care or schools.

Home ownership needs to be a reality for a new generation. That will only come about by ensuring homes are built in the right places.

Sadly, East Devon District Council’s new Local Plan is woefully unimaginative. It dumps 9,000 new homes in the far west of the district – stretching from Cranbrook to Clyst St Mary and Exmouth. That is a lot more than the 2,500 planned for the rest of East Devon.

It is not a proper plan to help people stay in their own communities, reduce travel to help the environment, or keep families close together. It’s a missed opportunity.

Ministers want decisions about homes to be driven locally. The government sets targets, councils decide where houses are built. Councils do so by producing Local Plans which help decide on planning applications and other planning related decisions.

As an MP, I have no formal role or jurisdiction in the local planning process – but I will continue to hold East Devon District Council to account. After all, councillors decide how our district is designed for generations to come. It is really important to have your say, too.

Councillors should not be allowing historic towns and villages to merge into one another, nor allow homes to be built without adequate infrastructure in place first. I am acutely aware of the concern among residents in north Exmouth and Lympstone about the alarming volume of development proposed.

The government is introducing a new Infrastructure Levy to help ensure new homes are supported by appropriate infrastructure and services. However, we do need to get the right plan in place. Make sure you have your say on the East Devon local plan by visiting eastdevon.gov.uk. The consultation closes on Sunday, January 15th 2023.

Revealed: Second firm pushed by Michelle Mone was secret entity of husband’s office

A second company that the Tory peer Michelle Mone lobbied ministers over in an attempt to secure government Covid contracts was a secret entity of her husband’s family office, the Guardian can reveal.

Henry Dyer www.theguardian.com (Extract)

Lady Mone’s lobbying on behalf of the company, LFI Diagnostics, which she tried to help secure government contracts for Covid lateral flow tests, prompted a formal rebuke from a health minister who reminded her of “the need for propriety”.

A departmental source told the Guardian that Mone was “in a class of her own in terms of the sheer aggression of her advocacy” on behalf of LFI Diagnostics.

However, it is the revelation that the company was a secret entity of the office that manages the wealth of her husband, Douglas Barrowman, that will deepen the controversy over the Tory peer and her access to ministers.

On Tuesday, Mone’s spokesperson said that she was taking a leave of absence from the House of Lords with immediate effect, adding she was doing so “in order to clear her name of the allegations that have been unjustly levelled against her”.

Lower bills in the offing after MPs give green light for onshore wind farms

Rishi Sunak has announced plans to allow the building of new onshore wind turbines, which could result in energy bill discounts for those living nearby.

Better late than never.

But Conservative green policies are inconsistent, if not bonkers. They are considering reopening a coal mine in Cumbria as a quid pro quo. This mine produces coking coal for steel making as steelmakers across Europe are moving to “green steel”, which uses renewable energy and modern techniques to avoid the need for it! – Owl

Steven Swinford, Oliver Wright www.thetimes.co.uk

Construction of turbines in England has been in effect banned since 2015 under planning restrictions introduced by David Cameron, who said people were “fed up” with them.

However, more than 50 Tory MPs, including the former prime ministers Boris Johnson and Liz Truss, have been pushing for an end to the ban as part of efforts to boost growth and make Britain more energy-independent.

The government will now consult on allowing turbines to be built if they have local support and as long as concerns about their impact have been “satisfactorily addressed”.

Whitehall sources said they also expected the government to approve a coalmine in Cumbria that has been opposed by environmental groups and by Alok Sharma, the Cop26 president, although a final decision has not been taken.

Environmentalists have warned that approving the mine would damage the UK’s reputation as a climate leader and make it harder to persuade countries such as China to cut their own reliance on coal.

One source said the new coalmine was a “quid pro quo” for relaxing restrictions on onshore wind, but this was denied by those close to Michael Gove, the levelling-up secretary.

Under the wind plan, towns or villages that back new turbines could be given benefits such as lower energy bills. Ministers will also consider plans to make it easier to upgrade existing sites, many of which are more than 20 years old. Modern turbines are bigger and more efficient.

The consultation, which will begin this month and run until April, appeared to address the concerns of Tory MPs, whether for or against turbines. The government said it would continue to protect “important landscapes” such as areas of natural beauty and national parks.

Simon Clarke, the Tory MP and former levelling-up secretary who led the push for more turbines, said: “I am delighted that the government has come forward with what is a really sensible package designed to return decisions about new onshore wind to local communities. Onshore wind is the cheapest form of energy bar none, and it has an important role to play as part of our future energy mix, alongside oil and gas, offshore wind, solar and nuclear.

“Unlocking its potential will strengthen our domestic energy security and help us to deliver our climate commitments in the fight against climate change.”

John Hayes, a former minister who opposes the lifting of the ban, said it would still allow local authorities to veto wind farms when there was community opposition. “This is not a significant change from where we were,” he said. “It will still stop wind farms being imposed on communities against their will.” Energy experts believe the change is unlikely to lead to a significant increase in the number of wind farms in England — particularly the south — because low average wind speeds mean they are less inefficient.

The proposal is the second U-turn by the government in the space of two days on planning policy, following the decision to drop mandatory housebuilding targets for local councils.

Police say East Devon woman’s death at cliff base in Budleigh Salterton is not being treated as suspicious

Police say the death of an East Devon woman found at the bottom of cliffs at Budleigh Salterton is not being treated as suspicious.

East Devon Reporter eastdevonnews.co.uk 

The emergency services and coastguard teams from East Devon were called to the beach shortly before 2pm on Saturday, December 3, after concern was raised for the welfare of a woman.

A woman in her 50s from Newton Poppleford was found at the bottom of the cliffs below Jubilee Park, in Budleigh, and pronounced dead at the scene, police said.

Coastguard teams from Exmouth and Beer were tasked to help police.

A Devon and Cornwall Police spokeswoman said: “Police were called at 1.55pm on Saturday 3 December following concern for the welfare of a woman on the beach at Budleigh Salterton.

“The woman was located at the base of cliffs below Jubilee Park.

“Officers attended alongside Coastguard teams from Beer and Exmouth.

“The woman, in her 50s and from Newton Poppleford, was pronounced deceased at the scene.

“The death is not being treated as suspicious at this time.”

Jubilee Park, in Northview Road, is one of the town’s main green spaces, and leads onto the coast path above Budleigh beach.

Could East Devon Tories invite Matt Hancock to local fund raising dinner?

At last some good news.

According to figures from the Electoral Commission donations to the Conservatives have slumped by 40% over three months. (Who wants to be seen back losers!)

At the same time MPs are saying Matt Hancock is the hottest ticket as an after dinner speaker on the “rubber chicken circuit” rather than cabinet ministers.

So if the local Tories need to fund any more “Community Surveys”, Matt would be an obvious choice.

Sounds fanciful? Remember it was constituency Tories who voted for “the human hand grenade” Liz Truss.

Think of the publicity. – Owl

Water companies fail to splash out on improvements, especially SWW

Water companies have spent only three fifths of the £2.2 billion they could have to build wastewater infrastructure and tackle sewage being dumped in rivers.

South West Water is the second worst investor after Yorkshire Water. – Owl

Adam Vaughan, Environment Editor www.thetimes.co.uk

A minister described their performance as unacceptable as the head of Ofwat, the regulator, criticised the shortfall over the past two years and said he was amazed by how slowly some companies were investing.

The companies are regulated monopolies and Ofwat has limited what they can spend between 2020 and 2025.

Yorkshire Water performed worst of 11 wastewater companies, spending only 20 per cent of what it could. South West Water spent 39 per cent and Southern Water, which was reported yesterday to have discharged sewage more than 1,500 times last month, invested 56 per cent of what was allowed.

There is no legal requirement to spend the maximum, but there has been acute public pressure to tackle sewage spills into rivers and at beaches.

The companies have said that they are investing to deal with the problem, but figures published yesterday by Ofwat showed that, two years into the present five-year price control period, only £1.2 billion of £2 billion capital expenditure permitted so far for wastewater had been spent.

Rebecca Pow, the water minister, said: “Water companies must get their spending back on track to deliver the environmental standards that customers and government rightly expect.”

David Black, chief executive of Ofwat, said: “We’ve got some companies which seem to be well off the pace with the rollouts of their investment.”

The data showed a wide disparity between companies. United Utilities, the Welsh company Hafren Dyfrdwy and Northumbrian Water all spent their allowances, in contrast with Yorkshire Water and South West Water.

“They’ve both got significant issues,” Black said. “I find it absolutely amazing, actually, that they’re not moving fast to make the improvements that they’ve been funded to achieve.”

Alastair Chisholm, of the Chartered Institution of Water and Environmental Management, said the naming and shaming of companies showed that Ofwat was “flexing its muscles”. Ofwat is investigating the dumping of raw sewage by six companies, including South West and Yorkshire.

The areas of underspending included improvements to sewage treatment works and storm tank capacity, and reducing spill frequency.

Black said the figures called into question the industry’s readiness to deliver the £56 billion required by the government’s plan to cut sewage discharges near bathing sites, which he described as “a much more ambitious programme”.

Campaigners counted an average of 52.9 sewage spills a day last month by Southern Water in Hampshire, Kent and Sussex. Cowes on the Isle of Wight had 224, according to Whitstable SOS.

Water UK, which represents the industry, said the data covered only two years, including a year severely disrupted by Covid-19 lockdowns, adding: “What matters is that the industry delivers all of the environmental outcomes it has committed to by 2025.”

Southern said the increase in storm overflow spills last month was due to one of the wettest Novembers ever.

A spokesman for South West Water said: “This data does not include investment on base maintenance and operating cost, both of which are relevant in delivering our business plan and meeting our commitments. For the first two years of the period, our total spend, including base maintenance, enhancement and operating costs, was [circa] 99 per cent of the allowance.”

Michael Gove drops mandatory housebuilding targets in face of Tory rebellion

If the ground rules have changed isn’t it time to pause the Local Plan and re-assess the need? – Owl

Mandatory housebuilding targets have been scrapped by Michael Gove in the face of a Tory backbench rebellion, The Telegraph can disclose.

By Daniel Martin, Deputy Political Editor and Christopher Hope, Associate Editor (Politics) www.telegraph.co.uk

He has agreed to change his landmark Levelling-Up and Regeneration Bill to make clear that centrally-dictated targets are “advisory”.

The new rules will mean that town halls will be allowed to build fewer homes than Whitehall believes are needed if they can show that hitting the targets would significantly change the character of an area.

The Levelling-Up Secretary has also agreed to water down the powers of the Planning Inspectorate, making it harder for them to reject local development plans which have been agreed with the community.  

And he has pledged to make it clear that more homes will be built in urban areas and in the North as part of the Government’s vision to level up the country.

In another change, town halls will be allowed to introduce registration schemes for short-term holiday lets and there will be a consultation on allowing them to require a change of use planning application if there is a switch from residential to short-term ‘Airbnb-type’ use.

Campaigners say that the problem in places like Devon and Cornwall is that many people are turning homes into Airbnbs, which reduces the number of affordable houses available and in turn increases the pressure to build more.

60 Tory MPs called for target to be scrapped

The climb-down came after 60 Conservative MPs signed an amendment laid by Theresa Villiers and Bob Seely calling on the Government to scrap its target that 300,000 homes should be built each year.

Facing the threat of a huge loss of authority for Rishi Sunak, the Government last month pulled key votes on the Levelling-Up and Regeneration Bill.

Following talks with the rebels, Mr Gove has now agreed to make a series of changes to ensure the Bill can proceed.

The rebels say the changes will rebalance the planning system to give local communities a greater say in what is built in their neighbourhoods.

They include a crackdown on developers keeping land unused even though it has been granted planning permission – a trick which keeps prices high and pressures councils to find even more land to build on.

There will also be a series of government reviews, including one on making it easier to build on brownfield land.

‘These reforms will rebalance the planning system’

Ms Villiers, a former environment secretary, said: “These reforms will rebalance the planning system and give local communities a greater say over what is built in their neighbourhood.

“The Government has listened and will amend planning rules so that councils which are subject to genuine constraints will be permitted to reduce their target. This will apply if meeting the centrally determined target would significantly change the character of an area, for example from suburban to high-rise urban.

“The compromise we have secured shows that positive change can be achieved through backbench scrutiny of legislation.”

Mr Seely said: “We know how many communities have been battling against bad development. Supported by well over 100 Tory MPs, we have helped ministers shape a housing and planning agenda which is more conservative than the one we currently have.

“Targets will be advisory, not mandatory. The power of planning inspectors is weakened. Rules which have helped developers force councils to release land will be weakened.

“The new language we’ve agreed will work with communities, speaking to the character of areas and celebrating the beauty of good design. It understands the need for farmland, will significantly emphasise brownfield over greenfield development, and will help deliver homes for young people.”

Downgraded targets

Under the changes, local housebuilding targets will be downgraded – they will only be “advisory”. They become a “starting point, a guide that is not mandatory”.

Town halls will be allowed to depart from the central determination of local housing need if there are genuine constraints on delivering it. 

It means, for example, that if the centrally-determined target would involve building at a density that would lead to significant loss of rural or suburban character, the council can set a lower number.

The reforms will cut the powers of planning inspectors as part of a “rebalancing of the relationship between local councils and the Planning Inspectorate”.

Up to now, the Planning Inspectorate has in almost all cases refused to accept that exceptional circumstances are present and indicated that the full target must be met. Their power to do this will be curbed.

Inspectors will be required to take a more “reasonable” and “pragmatic” approach to “plans that take account of the concerns of the local community”.

Mr Gove has agreed there should be more housing in urban areas and the Midlands and North. Cities will not be able to palm housing off into neighbouring suburban and rural councils.

New government review

There will be a new government review on making it easier to build on brownfield land. Councils could be able to charge higher levies on greenfield sites to encourage developers not to use them.

Mr Gove promised a third review on allowing councils to refuse planning permission to developers who have in the past refused to build promptly on land for which they have planning permission.

There could also be a character test in planning to ensure that so-called “spiv” developers can be turned down.

And there could be a new beauty test for new developments, to prevent pretty areas being spoiled by new housing.

When it comes to individual planning applications, new design codes will give councils a greater say over them. They will give councils stronger powers to specify the type of housing they want, and put in place standards on matters such as scale, height, bulk and character.

Councils which have delivered well in past years can take this into account in the number they propose for the future in their plans. This will mitigate the problem whereby councils delivering many homes get hit by even higher targets.

Mr Gove has agreed that a consultation on changes to the National Planning Policy Framework will be published by Christmas.

Devon one of UK’s most at risk areas for flooding

But you’re on your own.

Self-help is going to be the order of the day.

Remember John Hart in February 2020:

“Council Leader, John Hart’s solution, however, is to encourage a modern day dad’s army of individuals, villages and Parish Councils, where they care, to do more for themselves. Self-help, he said, is going to be the order of the day.”

Alex Davis www.devonlive.com

Devon is one of the UK regions most at risk of flooding, a study has revealed. The research was conducted by Utility Bidder, who revealed the UK areas most at risk of flooding, as well as areas where risk of flooding has increased the most.

The research showed Devon to have the 9th highest percentage of properties at risk of flooding in the UK. According to the study, 6.7% of properties had a risk of flooding higher than 1%, 9% with a risk higher than 0.1% and 9.3% with a risk higher than 0.01%.

Kingston upon Hill, Hull, had the worst stats in the list, with 92.3% of properties having a flooding risk of 0.1%.

Since 2018, it was also revealed that the risk of flooding has increased by 1.35% – the ninth highest increase in the UK. Torbay was also featured as 10th on the list, with an increased risk of flooding of 0.61% since 2018.

It is estimated that 1 in 6 UK properties are at risk of flooding, with Utility Bidder reporting this figure is set to increase due to climate change.

Utility Bidder also published advice to residents on how to minimise risk of a flood, as well as give information on what to do if your home is flooded.

James Longely, Managing Director at Utility Bidder has commented on the steps homeowners should take in order to protect their properties in the event of a flood:

“In England, 1 in 5 properties are at risk of flooding, which goes to show the importance of being prepared for a flood and protecting your property as much as possible and there are a number of steps homeowners can take if a flood alert has been issued, which will help reduce the damage caused to the property and the contents within it.

It’s important to move all important documents and valuable possessions upstairs in order to keep them away from the incoming water, as well as unplugging any electrical items. It’s also advised that homeowners take pictures of their home before the flood happens, as you can easily prove which damage has been caused as a result of the flood.

Sadly, there’s only so much homeowners can do to protect their properties from flooding, so it’s crucial we all know what to do after a flood has occurred. To begin with, it’s important to ring your insurance company as well as the local council, to make them aware of what has happened. If the flooding is severe and water levels are high, you must stay in a high place until help arrives.”

Top 10 UK areas where properties have a flood risk greater than 1%

RankArea>1% risk>0.1% risk>0.01% risk
1Kingston upon Hull16.80%92.30%92.30%
2North Lincolnshire13.90%15.70%16.20%
3Doncaster12.60%16.30%19.30%
4Lincolnshire12.10%32.30%34.00%
5Windsor and Maidenhead11.20%24.20%26.30%
6East Riding of Yorkshire8.60%21.30%21.80%
7Cambridgeshire8.10%10.70%12.00%
8North East Lincolnshire6.80%18.20%45.60%
9Devon6.70%9.00%9.30%
10Leicester6.20%9.90%10.40%

“Big Brother’s” Survey – the small print,

the very small print, and the even smaller print (hard to spot at the very bottom).

“The Conservative Party uses the information you provide for the purposes of democratic engagement. This covers a wide range of activities inside and outside election periods, including but not limited to: democratic representation; communicating with you: surveying and opinion gathering, campaigning activities; activities to increase voter turnout; supporting the work of elected representatives, prospective candidates and official candidates; and fundraising to support any of these activities.


“For full terms of use and how to exercise your rights see our Privacy Notice at http://www.conservatives.com/Privacy”

Pretty wide ranging.

Can anyone spot the “I agree to the terms and conditions” tick box?

Neither can Owl.

“Your details are on the Register of Electors, provided to us for electoral purposes under the Representation of the People Act. You received this material because we believe you will be interested in its contents. You can request that we do not contact you in future or exercise your rights by visiting http://www.conservatives.com/contact and selecting Data Protection/Stop Mailings.”

The Legal Eagles amongst you might like to consider the questions raised by Paul F.

 In full posted as comment here, but more briefly summarised below:

1. The Privacy web page referred to is for the Conservative Party (central office) and although this refers to “the wider Conservative Party” it clearly states that local associations “may be data controllers in their own right or data processors acting on behalf of the Party”. This survey strongly states that it is a local “Community” survey (local to a specific town, not even the entire constituency) and this is highly suggestive that the data processor is the local association, yet the Privacy Policy they refer to is the central Party one, suggesting that it will be the main Party that will be processing the data. I am therefore left entirely uncertain as to who the Data Processor for this particular survey, and I suspect that without this being made explicitly clear, any consent is void – not the least of which because who would you legally need to contact if you wanted to know what data was being held or to request that they delete it or change your communications preferences.

2. Section 4.1 of the Privacy policy is also somewhat worrying – because it allows them to Canvas and collect your political opinions and process this data without having explicit consent (first item in the table). Whilst it may be legal for them to communicate with you about their policies based on your entry in the electoral register (Public Task), I doubt very much that it is legal for them to collect specific personal data on your political opinions based on a Public Task consent (2nd 4th and 6th rows). I doubt that a party can claim a “Substantial Public Interest” because on that basis, any political party (i.e. a one-man band set up specifically for this purpose) could collect political opinion data for the entire country without requiring any consent whatsoever.

3. I am not quite sure what would happen if the survey was returned without this having been filled in as it contains personally identifiable data (name and address on the front) but the person has clearly not consented to the processing of the data.

Planning applications validated by EDDC for week beginning 21 November

Exeter car park demolition won’t become student flats

Councillors have backed plans that would see a well-known Exeter city centre car park demolished and turned into housing. Mary Arches Street car park is becoming obsolete according to Exeter City Council and would require a £3.8 million refurbishment to “extend its usable life.”

Ollie Heptinstall www.devonlive.com

The council’s executive, at its meeting on Tuesday, approved knocking it down and turned into a “residential-led mixed use scheme” of around 100 homes with commercial use on the ground floor. The decision will need to be rubber-stamped at a full council meeting in a fortnight but, if approved, the car park could close before January.

A report by council finance director Dave Hodgson says a public consultation on the site’s future will then start in the new year, followed by a planning submission next August and demolition of the car park in November. The brownfield site, for which the council has secured £1.3 million of government funding towards demolition and asbestos removal, is expected to be ready for redevelopment in January 2024.

A number of upgrades are required to Mary Arches including structural, surfacing, accessibility and decoration works. The lifts also haven’t worked for over five years; bringing them back into use would cost £240,000 alone.

The report said the proposed regeneration scheme “is in the public interest and will improve the wellbeing of residents in a number of ways,” including by increasing the city’s housing supply, removing the “unattractive and obsolete existing car park” and reducing anti-social behaviour.

“In addition, the site is a key gateway to and from the north of the city and a high-quality scheme will contribute towards the positive forward-looking image of Exeter ensuring it is an attractive place where people choose to live, work, study and visit.”

The closure of the car park will mean the loss of 481 parking spaces in the city centre. However, the report states: “Across the city, there is spare capacity to take up customers when Mary Arches Car Park closes down.”

Speaking at the meeting, Mr Hodgson said part of the site has “significant archaeological interest underneath,” adding: “Therefore it is highly unlikely that that [part] would be disposed of for residential use.”

Responding to questions about what the residential development will consist of, council leader, Cllr Phil Bialyk, said: “I can be clear, if it is the city council’s land, there will be no purpose-built student accommodation.”

He added the finer details were “all a matter that will come forward in a planning application of which we’ve got a consultation charter and we will fully consult with everybody else.” Councillors were told the date of the car park’s closure is still to be finalised, depending on its safety and the confirmed timetable for the project.

Simon Jupp and team want to record how you voted in 2019

A couple of correspondents have brought the latest Tory “Community Survey” to Owl’s attention.

The first tore it up in disgust, the second sent Owl a scan.

It is not clear how widely this has been distributed within Jupp’s constituency; it asks questions on both national and local issues.

Here is how Simon introduces it:

But these were the three personal questions that stuck in the craw of the correspondents:

This survey was personally addressed, using information from the electoral register for what are deemed to be electoral purposes.

Despite having their name printed on the survey, recipients were also asked to confirm their name, if they returned the survey in the prepaid envelope.

Interesting questions: under the data protection act how do you justify holding, and how do you store and for how long, information on how individuals voted in a secret ballot? What uses are you entitled to put it to? Who has access to it?- Owl

Planning at crisis point – Local plan gridlock

Local plans for 15 years of development in each area are the bedrock of Britain’s planning system. Despite a government deadline to have an up-to-date local plan by the end of this year, 59 per cent of the country still lacks one, according to Lichfields planning agency. Amid labyrinthine complexity the average time to sign off a local plan rose from 450 days in 2009 to 815 days in 2019, the government’s planning white paper found.

Martina Lees www.thetimes.co.uk (Extract)

Uncertainty over whether the government will abandon top-down housing targets, famously called “Stalinist” by former prime minister Liz Truss, have caused many councils to abandon making local plans. In April almost 70,000 homes across eight stalled local plans were in jeopardy, according to Lichfields. By September at least 19 councils had put their plans on hold. Sam Stafford, planning director of the Home Builders Federation, believes the count is now well above 20. “The local plan making system has effectively collapsed this year,” he says.

The process of making local plans should consult residents from the start instead of allowing developers to suggest sites, says Rosie Pearson, who chairs the Community Planning Alliance of about 600 local campaign groups. The system makes residents feel “things are always dumped on you. You don’t get a chance to influence them positively,” she adds.

“Don’t propose a load of plans and then ask people what they think and carry on ignoring everyone. Get everyone in a room and say, ‘Write what you liked about your area. What don’t you like?’ Then propose things and then run them by people,” Pearson says. “It’s called ‘engage, deliberate, decide’. It’s the opposite that happens at the moment, which is ‘decide, announce, dissent’.”

Devon seaside resort deserted in winter could become ‘next St Ives’

Across Devon and Cornwall it’s a familiar story: towns and villages that are buzzing with life during the summer, but little more than ‘ghost towns’ during the winter, as second home owners retreat to their cities and Airbnbs are left vacant. Salcombe, St Ives, Falmouth, Padstow, Newquay, Bude; the list gets longer every year. And now the award-winning, much-loved seaside resort of Woolacombe could be next.

Becky Dickinson www.devonlive.com

The very nature of Woolacombe means that it has always been busier during summer. For decades, tourists have flocked to the jewel on North Devon’s coast to lap up the sun, surf and golden sand, while sustaining the local economy. In winter, locals have enjoyed the chance to rest and regroup before the madness resumes all over again the following year.

But in recent years, the tide has shifted. In summer, Woolacombe is as busy as ever, but in winter, it’s becoming increasingly abandoned. Locals say second home owners are to blame, sweeping up properties as soon as they become available and pushing up prices – often into the millions. The result is that locals are being driven away due to the lack of long-term affordable housing in the place in which they grew up.

Nicola Roberts has lived in Woolacombe for 40 years and works in Londis. She says: “When I first moved here there were a lot more locals. Second homes weren’t really a thing. But the village in the winter now, there’s very few lights on, most of the properties are empty because a lot have just been bought up as second homes.”

Nicola adds: “There’s less of a community, yet this village is full of empty properties. People can’t afford to live here, they can’t afford to rent here, there are very few properties to rent because it’s all AirBnB.”

And she fears it could spell the end of village life. “I think it’s coming to the point of saturation where it will spoil the village,” she says. “Eventually, if we’re not careful, Woolacombe will end up like Padstow or St Ives. It’s a slow progression but that is what is happening.”

Compared to a decade ago, the village has already changed beyond recognition. Gone are the butchers, bakers and newsagents, replaced by chain clothing stores and expensive art galleries – that locals can’t afford to shop in. And according to property website Zoopla, the average sold price for a property in Woolacombe in the last 12 months was £545,537 – that’s well over the national average house price of £294,559.

Like so many other locals, Nicola can’t afford to buy a property in Woolacombe. She lives in rented accommodation – and to add irony to insult, the house right next door was used as second home. “They would send their teenage daughters down, they’d be having a fabulous time, screaming and laughing and joking which you do at that age,” says Nicola, “but they don’t know who their neighbours are – they’re not bothered that they’ve been working all day.”

While Nicola can only dream of owning her own home, there are others who buy them like ice-creams. Someone she knows works in an estate agents. “She said a chap phoned up and bought two properties to the value of £2million. He didn’t even view them,” recounts Nicola.

The population of Woolacombe now stands at just 840 people. And fewer locals means fewer workers. “There aren’t people living here to staff the businesses,” says Nicola. “Staffing this summer has been an absolute nightmare. People can’t travel in to work very easily, they can’t park, on a busy day they can’t get in to the village.”

Nicola would like to see rules introduced to ensure people are only allowed to buy a property if they intend to live in it. “I’ve got nothing against holiday makers because that’s why we’re here,” she says, “but the second homes are a problem. The whole financial structure is causing a problem in the village for lots of people.”

Nicola’s concerns are echoed around the village. Richard Walden was ‘lucky’ enough to move to Woolacombe 18 years ago before prices rocketed. He says: “it’s tough for local people. There are people who have lived here all their lives, they can’t afford to buy property in the village, they’ve got to go to Ilfracombe or Barnstaple. It’s already having a detrimental effect on community.”

And he says the situation is creating a division in the village. “You’ve got people coming in buying up second homes for hundreds of thousands, they’re just out pricing everybody else. The village is becoming ‘haves’ and ‘have-nots.’ “

In the Beachcomber cafe, John – the cafe’s most loyal and treasured customer – is enjoying his daily coffee. He loves coming to the cafe, with its ‘lovely staff’ and says he’d ‘be lost without it.’ But after more than 50 years in the village, John is no stranger to change. “The population has altered a lot since I’ve been here,” he says. “I don’t really agree with second homes when there’s so many people without a home at all. Seeing a lot of empty homes isn’t much fun and it’s a waste of a house if they only come occasionally.”

Maggie Parker is another one who has witnessed the insatiable demand for second homes. Now 61, she is Woolacombe born and bred. Her grandparents used to run a hotel on the front and she went to school in the village. “When I grew up it was lovely, there was a butchers, all the shops, everyone knew everyone,” she says. “Now there’s no community, nothing.”

The culprits, in her eyes, are the second home owners. “It doesn’t bring money into the village because they get their deliveries from Tesco or wherever,” she says. Maggie’s daughter, Stacey Phillips, agrees.

Stacey runs Captain Jacks, the last standing traditional pub in Woolacombe, as well the Chichester Arms in Morthoe. However, despite running two businesses, Stacey still can’t afford to buy a property in the village. She currently rents the rooms above the pub with her husband and three children. And of all the friends she grew up with, only one still lives in the village.

“It’s upsetting that you’re shoved out of the place you grew up because you just can’t afford to live here,” she says. “In a way you can’t blame people because it’s a fantastic part of the country to live in. But living here is one thing, owning multiple properties that are then left empty is another.” And she believes the rent on many holiday rentals is “obscene.”

Stacey is passionate about the need for affordable housing and has put her name down on the parish council. “It’s getting to the point where something needs to be done because there isn’t a community,” she stresses. On top of the housing crisis, Stacey also faces trying to keep two pubs afloat in the face of a dwindling local population and the escalating cost of living.

“We’ve never wanted to be a business that just opens from April through to October and then shuts up, it’s always been for the community,” she says. However, “it’s getting to the point where what’s the point in opening 12 months of the year?” she asks. “You’ve got people to pay, you’ve got massive energy costs, with just a few people coming through the doors.”

Add to that competition from chain pubs and you’ve got the perfect storm. “One of my biggest bug bears is overhearing ‘I can get this for less in Wetherspoons,’ “says Stacey, who endeavours to use local produce and suppliers wherever possible. “But they (chain pubs) buy huge volumes of everything so they can get a better price. When you’re an independent you don’t get those prices.”

For now, Captain Jacks remains open for the scattering of locals who come to sit by the fire with a pint of ale or a plate of chips. But for all its beauty, there is a dark side to Woolacombe. With summer a fast fading memory and winter a grim reality, it’s hard to escape the sense of doom and resentment that haunts the village like the marauding cry of seagulls. And unless second home owners rent or sell empty houses back to local people at an affordable price, there may be some difficult decisions ahead.

Letter: Marine Conservation Society and Good Law Project join forces to take Government to court over sewage dumping

onthewight.com 

This from Maggie Nelmes, Ventnor. Ed

Islanders are up in arms against Southern Water’s constant release of raw sewage into our coastal waters.

Whether a surfer or wild swimmer, a fishing or tourism business owner, or simply an Island resident, we are all adversely affected by this shameless flouting of the regulations, this willful fouling of the rivers and seas we value and depend on.

Seven IW locations in top ten of dry spills

In a recent report, publicised by News OnTheWight, Surfers Against Sewage revealed that, “Southern Water was responsible for four times as many ‘dry spills’ as the next worst offender, South West Water, and the Isle of Wight has seven locations ranking in the top ten for ‘dry spills’”.

Dry spills are sewage discharges occurring when no rain fell. Yet regulations stipulate that discharges are only permitted during ‘unusually heavy rainfall’.”

All around the country, private water companies are now routinely dumping untreated sewage in our rivers and seas, endangering human and animal health, and killing freshwater and marine life.

Unfit-for-purpose Victorian sewerage systems

Rather than investing in new infrastructure, they are making do with unfit-for-purpose Victorian sewerage systems, to maximise their profits for the benefit of their directors and shareholders.

No wonder many people are calling for public utilities like water to be brought back into public ownership.

Storm overflows within 1km of Marine Protected Areas

There are 1,651 storm overflows within 1km of a Marine Protected Area (MPA) in England, and they were spilling sewage into the sea for a shocking 263,654 hours in 2021.

Many people across the country worked hard to persuade the Government to set up these protected areas to shelter vulnerable marine life and provide nurseries for young fish to grow, reviving depleted stocks caused by overfishing.

Marine Conservation Society join the campaign

Now, as a last resort, the Marine Conservation Society (MCS) is joining forces with the Good Law Project (GLP) to take the Government to court for failing to stop this environmental pollution.

At their Great British Beach Clean in September this year, the MCS found sewage related pollution on 73 per cent of the beaches they surveyed in England.

Luk: A polluted, toxic soup

Sandy Luk of MCS writes,

“It hardly needs saying that this is not good for the health of our seas. Plastic, chemicals and bacteria are all part of the cocktail of pollution that makes up untreated sewage spills.

“It won’t matter if we have the most effective management of marine protected areas, or the most sustainable fisheries management in the world (both key Marine Conservation Society ocean goals) if the sea is a polluted, toxic soup.”

Plan fails to offer solution

In August, the Department for the Environment, Food and Rural Affairs (Defra) published its new ‘Storm Overflows Discharge Reduction Plan’ for England, but its proposals to tackle the problem fail to offer a solution to sewage spills from storm overflows.

Here are the MCS’s concerns about the Plan:

  • It virtually excludes most coastal waters (except for bathing waters), with some types of marine protected areas and shellfish waters totally excluded. This means around 600 storm overflows are not covered by the Plan and water companies will therefore continue to be able to dump uncontrolled amounts of sewage directly into English seas and onto beaches – completely legally.
  • The proposed time frames lack urgency, long-stop targets are being set for 2050, and the earliest, most urgent, targets will not have to be met until 2035.
  • There are no targets to implement upstream solutions or to stop harmful pollutants, including chemicals and microplastics, at source.

Sandy Luk of the MCS writes,

“In our consultation response in March, we pointed all of this out and proposed solutions.

“The plan has not been amended since the consultation.”

Government dismissed MCS’s concerns

In early August, the MCS met with DEFRA to draw their attention to the urgency of these issues and recommend strong action.

To their utter amazement, the Government dismissed its concerns, claiming that storm overflows don’t harm estuaries and coastal waters because the sea dilutes the sewage.

This is,

“A ridiculous statement showing either a complete lack of understanding of the impact of the cocktail of plastics, chemicals and pathogens in raw sewage on marine life, or a complete disregard and disrespect for the importance of that marine life.”

No response to open letter to DEFRA

Driven by frustration, the MCS wrote an open letter to DEFRA to highlight their concerns and demand more information on the impacts of the Plan on coastal communities, who had lobbied so hard for DEFRA to address coastal sewage spills.

“To date, we have had no response to our open letter.”

Legal action as last resort

Now, having run out of all other options, the MSC is having to resort to legal action. It is joining forces with the Good Law Project (GLP), an oyster business and a surfer. GLP is setting up a crowdfunding campaign. On its Website, it writes:

“This is one of the biggest environmental scandals of our times. But the Government is failing to put a stop to it.

“We need urgent action to protect our precious and biodiverse ecosystems and to safeguard everyone’s right to safely enjoy our beaches and waterways for generations to come.

“We are joining forces …to compel the Government to rewrite its Storm Overflows Discharge Reduction Plan to impose much tighter deadlines on water companies to clean up their act. We are also in discussions with other potential claimants, who may be added to the claim later.”

What is the Good Law Project?

Good Law Project (GLP) is a not for profit organization, independent of any commercial interests, and funded mainly by members of the public. Its mission is to protect the environment, uphold democracy and defend the interests of marginalized groups.

GLP recently succeeded in forcing the Government to totally rethink their Net Zero strategy.