Further to an earlier post, it seems that London house prices closed this loophole, not common sense. Predictably, the Department of Communities and Local Government is appealing the decision.
Planning permission or planning completions: which is most important
Local authorities ( particularly East Devon District Council) are rushing through planning applications and consenting to them at high speed. But what is the point if developers can then drip-feed and cherry-pick which of those houses they build and when? Doing this allows for house prices to be kept artificially high and to ensure that only those houses that make the most profit get built, as this article points out:
Even though there is some evidence that public attitudes to housebuilding are shifting, it is a major achievement to secure approval for a quarter of a million homes through a system that is still largely in the control of local politicians.
As Department for Communities & Local Government minister Brandon Lewis acknowledged earlier this year, the planning system can no longer fairly be accused of stifling necessary development. He told Planning’s national summit at the end of March that “the planning system is delivering and land supply is coming forward”.
Nonetheless, the housebuilding industry is urging the government not to take its foot off the planning system’s accelerator pedal. The Home Builders Federation (HBF) said many of the units identified in the report still had to navigate the remainder of the planning system, a process that “continues to take far too long, delaying work starting on many of the sites”.
Clearly, from the evidence of the Summer Budget and the Productivity Plan, the government is minded to agree. Amongst other measures, it is aiming to introduce automatic permission in principle for housing on brownfield sites identified as suitable, a tougher development management performance regime for councils and new sanctions for councils that fail to produce local plans.
Some of these steps, notably the focus on local plan-making, are welcome. But there is a danger that ministers are focusing too much on permissions, and not enough on completions. The statistics for last year show just over 125,000 completions. While there will clearly be a time lag between an increase in consents and a rise in completions, the statistics suggest that the latter are not growing nearly as fast as the former. Ministers need to take steps to ensure that developers make more use, more quickly, of the good work done by planning authorities.
Richard Garlick, editor, Planning richard.garlick@haymarket.com
http://www.planningresource.co.uk/article/1358321/ministers-focus-completions-permissions-richard-garlick
Planning Court overrules NPPF on the matter of S106 threshold for small developments
The Planning Court has ruled that the NPPF cannot be used to set a threshold below which Section 106 payments must be made. The Government decided that – if a development was for 10 homes or less no payments would have to be made – it was previously set for payments to be triggered for 5 homes or less. The new ruling is effective immediately.
The claim was allowed on a number of grounds and sub-grounds including:
The policy, which was intended to create blanket exemptions, to have immediate effect and to override local plan policies was inconsistent with the statutory scheme;
The consultation process had been unfair and unlawful for two main reasons:
(i) It gave insufficient reasons for the policy proposal so as to allow intelligent consideration and responses (it failed to communicate that the motivation for the policy went beyond viability considerations);
(ii) It failed to take the product of the consultation (i.e substantive points raised by the responses) conscientiously into account.
There was a failure to take into account “obviously material” considerations when promulgating the policy, including the full implications for the supply of affordable housing land;
There was a breach of the public sector equality duty under section 149 of the Equality Act 2010. The impacts on disabled persons and ethnic minorities who disproportionately rely on affordable housing had not been considered when the policy was announced and this had not been cured by a less than rigorous post decision assessment;
and
Irrationality.
Following the judgment, the Government has announced that the relevant paragraphs of the NPPG [1] will be removed and this is now reflected on the NPPG website. Accordingly, with immediate effect, developers will be unable to rely on those paragraphs in negotiations as to affordable housing and tariff style infrastructure contributions. The vacant building credit will also no longer be applicable.
Report: Jeremy Wigley, No 5 Chambers
Not-so-secret secret meetings – and the very secret Asset Management Forum
Those of you who are as eagle eyed as the Owl may have spotted that EDDC have now started publishing the agendas and minutes for some of its less well known meetings such as:
- the Tree Task and Finish Forum (TaFF), of which Claire Wright was previously a member and prime mover;
- the Arts and Culture TaFF, a pet project of Paul Diviani and his partner (and co-councillor) John O’Leary, which has spent a lot of money on our behalf on the Thelma Hubert Gallery in Honiton;
- the Grounds Maintenance TaFF (yawn);
- the Garage Management TaFF (from 2012 – double yawn)
etc.
But just in case EDDC decide to crow about this being an example of how they have decided out of the goodness of their hearts to voluntarily be more transparent, we should mention that:
- EDDC are actually doing this because of the persistence of a local resident and East Devon Alliance member who has complained to the information Commissioner that EDDC are not publishing what ALL councils are already required to publish (i.e. agendas, reports and minutes of all standing forum meetings – see Definition document for principal local Authorities page 7); and
- EDDC has still to publish the papers for perhaps the most important of their secretive meetings, the Asset Management Forum.
EDA members and councillors are continuing to fight to have EDDC be fully transparent, so we can all see the full set of documents behind their more controversial decisions.
Closed community hospitals are simply real estate for sale
And when they are needed again ….?
Seaton Heights: compare and contrast
This is a site that specialises in detelict building photography:
http://www.28dayslater.co.uk/seaton-heights-hotel-pics-included.t98293
and a very recent entry to its blog (unfortunately the pictures are not linked) where the photographer says:
“I’ve always know Seaton Heights since i’ve lived in Seaton. Never really knew it to be fully open I was too little to properly remember. I’ve been up there since when only the gym was open. So of course had to have a wander now its going to be pulled down.
Its meant to be pulled down soon but so far there isn’t sign of any work being done (drive past most days)”
with the last (of many) highly positive press releases on 21 October 2014:
“James Hetherington, Managing Director, expressed his relief at obtaining the planning consent and was eager to get on with building the project and kick starting Seaton’s latest and long awaited regeneration project.
James [Hetherington] said in late 2014, ‘’it has been hard work and costly getting to this stage, but now the real work begins. I am eager to get on with it and bring this site to life again and start welcoming visitors and local people to experience the new exciting facilities that the hotel and resort will bring.”
http://lymebayleisure.co.uk/things-are-moving-forward/
Are things REALLY moving forward? If you believe the owners’ website, apartments are already available for pre-sale. Potential buyers might wish to make somewhat detailed investigations before committing their cash.
EDDC faces £7 million “black hole” – and blames the Tory government!
“The council, along with other local authorities who have housing stock, has a 30-year business plan to ensure that it is able to maintain its properties.
According to the authority’s calculations, the one per cent rent cut could mean East Devon’s ring-fenced Housing Revenue Account would reduce by £77.2 million over the next three decades. The council said this loss of income makes the business plan unviable.
The proposal has also been described as “particularly unwelcome” because the Government required East Devon District Council to take on £84.5 million of debt in 2012 in return for freedoms and flexibilities to run its council housing free from government interference.
The debt was based on the Government’s assessment of income and expenditure over 30 years, and three years into that arrangement, the government has been accused of proposing to “move the goalposts”.
Councillor Elson is urging the Government to reconsider the policy. She said: “This is very short sighted and this policy has tough consequences on us as a council and on tenants too. We need to secure a more effective balance between the needs of present and future tenants in the long term”
http://www.exeterexpressandecho.co.uk/East-Devon-Council-facing-7m-black-hole/story-27530755-detail/story.html
But, of course, it won’t stop them spending £8m plus on a new HQ – just cut down the amount of social housing they will finance.
And how interesting they had a 30 year maintenance plan for their housing stock, but not for their HQ!
Someone has also added a trenchant comment:
More blackmail from the Council. Their response to anything is “if you don’t do what we say, we’ll throw our toys out of the pram” but I notice they’re still spending £££s on moving offices, and more £££s on the seafront scheme which no one wants. Priorities! They’re always blackmailing the residents about something, anytime they have to toe the line. they threaten to make someone suffer for it.
This is what a “thuggish gang” of NHS protestors looks like to a Tory MP
SWIPE – “South West Independence Party England”
Following on from our post about how much the South-West loses out to other areas of Britain, particularly the South-East, we have been considering the suggestion that we should create in this region a party similar to (but definitely not the same as) the Scottish National Party – a party representing an area which finds itself time and again the poor relation to other areas.
One should recall that the South-West has had a long tradition of non-conformity. Indeed, search on the words “south west england” and “nonconformity” and a whole host of links will turn up. Devon County Council even has web pages for it:
Admittedly, this refers specifically to religious non-conformity. But the South-West showed its independent thinking by being a hotbed of liberalism when liberalism was something more than Nick Clegg getting into bed with the Tories. From Yeovil to Cornwall, this area steadfastly refused to be buttonholed into conformity to the pendulum swings between Labour and Conservative.
So, given that the area is now so definitely politically blue, are we getting a better deal? The post from earlier this week shows very definitely that we are not:
https://eastdevonwatch.org/2015/07/31/is-it-time-the-west-country-had-its-own-party/
So, Owl thinks it is time we started thinking about alternatives.
Firstly, what is the South-West? Officially (for political and statistical purposes) it consists of nine official regions of England: Gloucestershire, Bristol, Wiltshire, Somerset, Dorset, Devon, Cornwall and the Isles of Scilly. The Owl thinks that we can discount Gloucestershire (hunting, shooting, fishing, the residences of Prince Charles and the Princes Royal and MI5 keep them firmly blue!) and Wiltshire seems just a little too close to the Home Counties and includes Swindon – definitely out. Dorset we dismiss too – they are totally conformist (see Letwin, Oliver and Grand Designs!
That leaves Bristol, Somerset, Devon, Cornwall and the Isles of Scilly. Bristol has gone extremely green over recent years and are likely to remain so (hopefully) and the Isles of Scilly have always done their own thing and have never considered themselves part of mainland life, but they can have the option of joining us within Cornwall (as at present). This leaves Devon, Cornwall (including the Isles of Scilly if they so wish) and Somerset. These three counties have so much in common. Long sea coasts, poor infrastructure and transport links, large retirement communities, large number of second homes, tourism forming an important part of economic life, a history of being overlooked when the honey pot is being shared out.
Imagine a specific party for Devon, Somerset and Cornwall! Imagine what a group of people from this area who held the balance of power in Parliament could achieve. Imagine just how powerful that could be.
And the acronym: South West Independence Party England – SWIPE!
Take a SWIPE at London-centric politics – devolution for the Cornwall, Devon and Somerset region!
Alas, just a pipe dream – for now …..
Is it time the West Country had its own party!
Is the West Country being best served by either Conservative or Labour or Liberal Democrat national parties? Should we be following the SNP by attempting to look after ourselves after being overlooked and penalised in just about every major area of life?
A correspondent writes:
NHS
The decision was taken by the NHS CCG last Thursday to axe beds from both Ottery and Axminster hospitals, together with the minor injuries units at Seaton and Sidmouth.
An article in The Times in June 2015[1] reports that ‘patients in the countryside are left at a “severe disadvantage” by an NHS funding system that is skewed towards cities.’ It further states, ‘There’s diminishing availability of district nurses not because there are fewer of them but because they can do less if they travel further.’
Perhaps a report[2] by The King’s Fund, April 2013, entitled “Improving the allocation of health resources in England” can throw some light on the matter.
1. Oxford and London are “relatively over-funded compared with the rest of England”.
2. ‘In the mid-1990s, a decision was taken not to apply an updated weighting for need across all services, in particular not applying it to community health services.’
3. ‘The materially more significant political motivation is that all political parties have abided by the unwritten rule that no area should receive a real-terms cut in NHS funding as a result of resource allocation decisions. The political fallout from this would be immense and no party has had the courage to take such decisions.’
Education
Another important area where Devon receives insufficient funding relates to education. An article in the Western Morning News (WMN) of 13th March 2014, was headed ‘Westcountry schools get £23m extra next year to tackle under-funding.[3]
‘Education Minister and Somerset MP David Laws announces the money, available for 2015/16 was the “biggest step towards fairer schools funding in a decade”.’ The article later states, ‘The hand-out will act as a “bridge” until a new formula is developed to be introduced after the election in 2016, Mr Laws said.’
‘The South West in particular has been a long-standing loser. Devon sits sixth from bottom in a national league table of 150 education authorities in terms of funding.’
Rail Transport
This year, the WMN reported[4] (6th January 2015) ‘Trains serving the Westcountry are the oldest of any inter-city fleet in the country, figures have revealed against claims of massive under-investment in the region’s railways.’
‘Since the collapse of the rail line at Dawlish, critics have pointed to the chronic lack of rail investment in the South West. There has been growing criticism the response has been too feeble, with the promise of a review into an additional Dartmoor line the only clear pledge to date.’
Police
Finally, an article this week in the WMN of 20th July 2015[5] entitled ‘Scandalous divide between police funding’ states ‘Police in Devon and Cornwall receive less than half the funding per person enjoyed by forces in the capital, new figures reveal, as politicians continue their campaign for fair funding of rural services.’
‘Mr Hogg said these numbers revealed “the in-built metropolitan bias” of the current funding system.’
“The information that my office researchers have uncovered is scandalous. It is no wonder that policing is so stretched in Devon and Cornwall when Government funding is so unfair,” he said.’
Anyone else spot a trend here? The Westcountry and Devon in particular have been systematically denied adequate funding.
Now the government has announced a further round of swingeing cuts. How are they to be meted out? As our region has suffered historically from unfair funding formulas, just how does the government intend to implement these cuts in Devon?
The questions to ask are:
1) Why has our region been denied adequate funding in so many areas for so long?
2) When will Devon receive its fair share?
For example, if only the NHS in Devon had received proper funding, would the CCG have decided to axe beds or MIUs in local hospitals?
References:
1 http://www.thetimes.co.uk/tto/health/news/article4478425.ece
2 http://www.kingsfund.org.uk/publications/improving-allocation-health-resources-england
3 http://www.westernmorningnews.co.uk/Westcountry-schools-23m-year-tackle-funding/story-20805848-detail/story.html
4 http://www.westernmorningnews.co.uk/West-s-inter-city-trains-oldest-country/story-25812028-detail/story.html
5 http://www.westernmorningnews.co.uk/Devon-Cornwall-Police-receive-50-funding/story-26932344-detail/story.html
Supermarkets could stop hiring over-25s to avoid national living wage
http://gu.com/p/4b6eg?CMP=Share_iOSApp_Other
Still, it will mean more big salaries for the top bosses!
Anyone got £30 to spare for a good cause?
Sidmothian Jeremy Woodward (who began the Freedom if Information process that East Devon District Council lost in court about secret relocation meetings and papers) is, as of this moment, only £30 away from raising the £660 needed to begin another challenge to EDDC.
This time it is about appropriation of Knowle parkland to enable developers of luxury retirement homes to have a larger outside space.
https://www.crowdjustice.co.uk/case/save-knowle-parkland/
Anyone who thinks this is a good cause is urged to donate the remaining amount. As mentioned before – this is NOT just about Sidmouth. This is about EDDC favouring developers over its own citizens and could happen anywhere in the district where EDDC own land.
Skypark delivery company will add only 127 new jobs
The rest are relocating from the current Sowton depot:
Not quite the thousands of jobs Skypark was expected to attract. The ambulance centre also relocated which just leaves the E.ON energy centre as the only new employment on the site.
One can see why EDDC were so keen to help the developers of the part-EDDC owned site by moving there. Indeed if the supermarket at Honiton had not been cancelled no doubt they would have been making their plans for a move to the edge of Exeter. So convenient for the Rugby World Cup!
Neil Parish to campaign to keep Axminster hospital open
Now, where is the same sort of letter from Hugo Swire about Ottery? Not just the anodyne phrases he has trotted out so far – some real fighting words.
He will say that, as a Minister, he cannot bring this up in Parliament. So why did people choose to vote for him?
Imagine what an Independent MP could have done, free from party shackles – including joining forces with Neil Parish to double exposure of the situation in Parliament.
It is all up to former parliamentary candidate and current DCC councillor Claire Wright now – and a great job she is doing.
The myth of “transparency”
“The manufacturers of controversial pesticides took part in a key meeting on whether a Europe-wide ban on their chemicals should be lifted in the UK, according to newly published documents. The record of the meeting of the UK government’s expert committee on pesticides (ECP) had previously been suppressed.
Neonicotinoids, the world’s most widely used insecticide, have been linked to serious harm in bees, including a drastic reduction in queens, and were banned across the EU in 2013. Bees and other pollinators are essential for many crops but are in decline due to the impact of pesticides, loss of habitat and disease.”
Sherford New Town near Plymouth: looks very different to Cranbrook!
EDDC helps out Clinton Devon Estates with pebblebed heath problem
… “The district council has taken out an injunction to prevent the unlawful residential development of a gypsy-owned plot in Hawkerland – which would have a ‘significant’ impact on the East Devon Area of Outstanding Natural Beauty (AONB).
“… The plot in Hawkerland has been monitored by council officers for a number of years, due to its untidy state and concerns raised by neighbouring residents.
The EDDC spokesman said it has long been contentious and the recent installation of a caravan shows the intention to occupy the site – contrary to the emerging Local Plan.
The injunction prevents the owner from using the land for residential purposes and forbids the development of the land without planning permission.”
Possibly caused in no small part by not having a Gypsy and Travellers policy and site in the Local Plan, as its Inspector noted.
Still, it’s nice to see EDDC helping out a landowner:
http://www.devon24.co.uk/news/eddc_blocks_occupation_to_protect_pebblebed_heaths_1_4173410
Bid to raise Knowle legal challenge letter raising funds
As of this morning, 50% of the £660 needed to begin the process of a possible legal challenge to EDDC’s appropriation of parkland to extend the private grounds of the planned Pegasus Life luxury retirement complex has been raised:
https://www.crowdjustice.co.uk/case/save-knowle-parkland/
This is not only a Sidmouth issue: this same land grab could happen anywhere in East Devon where a greedy developer fancies a slice of public land owned by EDDC.
Crowd funding for access to law to save Knowle Parkland
https://www.crowdjustice.co.uk/case/save-knowle-parkland/
Sidmothians – and others who wish to save our historic parkland are being asked to contribute towards a fund of £660 to draft a pre-action protocol letter setting out the legal errors in the Council’s decision.
The specialist legal practice of Richard Buxton Environmental & Public Law has been recommended by campaigning group SAVE Britain’s Heritage to do this work.
East Devon in UKs top ten for over-70s population
http://www.huffingtonpost.co.uk/alasdair-rae/the-generations-of-the-uk_b_7856198.html
It’s all well and good attracting highly-paid, high-tech jobs to this area but who is going to care for these people as they age further? And where are those people going to live?
