Government Briefing Paper: Calling in planning applications

Anyone can ask for a planning application to be called-in. Applications for a planning application to be called-in should be directed to:

National Planning Casework Unit 5 St Philips Place
Colmore Row
Birmingham
B3 2PW

Tel: 0303 444 8050
Email: npcu@communities.gsi.gov.uk

Applicants should give clear reasons why they think that the application should be called-in, including why it is of more than local importance. For further information see the Planning Inspectorate Procedural Guide: Called-in planning applications – England.

http://researchbriefings.files.parliament.uk/documents/SN00930/SN00930.pdf

Street trading “consent streets”: whose consent?

From a correspondent:

One of the interesting facts in the report to this week’s EDDC Overview Committee about street trading is the proposal that all currently Prohibited Streets in Sidmouth are proposed to be changed to be Consent streets as far as street trading is concerned.

Any applicant for a License to trade on one of these Consent streets must submit, as part of the application, the written consent of “the owner”.

In Sidmouth the beach is having its status changed from Prohibited to Consent for street trading from the mouth of the Sid westwards as far as Clifton cottage.

Now the Queen owns the beach up to the high tide mark for much of the UK – does she own East Devon’s beaches? And is she likely to give her signed approval for street trading on Those beaches? She owns up to the high tide mark and, for example, in Sidmouth that is pretty well at the sea wall.

It is not up to the applicant to identify who the owner is since the owner’s name is not required on the application form. So it will just be down to an EDDC Licensing Officer to check who owns a street or any place to which the public has access without paying and ensure that the consent in writing is given?

Why aren’t the beaches in Seaton and Exmouth included as Consent beaches – is Sidmouth being marked out for bad treatment here or good treatment? The Sidmouth Chamber of Commerce is against this proposal. It was approved by the Overview Committee and so will begin its progress to full approval.

I’ll bet EDDC have no idea who owns each part of various areas involved. If an area becomes a Consent Street under this proposal. I may know who owns what, indeed, I may even own it, but does East Devon? I wouldn’t mind betting that some street traders in Folk Week will apply to set up stalls along various streets not previously allowed and which might have very high passing footfall during Folk Week.

Interestingly on pages 41 and 42 of the Overview papers, where the process about dealing with objections to an application for street trading is detailed, there is an implication that even if the owner of a site objects, then the Licensing and Enforcement Committee may still approve the application. This seems to imply that if someone applies to put a market stall on my part of a private street, then whether or not someone is allowed to trade there is not in my determination but in the determination of and EDDC Committee of Conservative Councillors.

So what is the point of demanding the owner’s consent in writing as part of the application? Di I count at all in this process?

EDDC’s Transparency Code

But HAVING a Transparency Code doesn’t make you transparent – BEING transparent makes you transparent!

Secret meetings are not transparent and secret reports are not transparent, fighting the Information Commissioner when she says you must be transparent isn’t being transparent either!

http://eastdevon.gov.uk/help/transparency-code/

Parish council fights affordable housing allocation

Old Hunstanton Parish Council claims that the government should not have given the green light to a development of 15 affordable homes on a field on the edge of the village.

The council says there is not a local need for them and has asked the judge to reverse the decision made by the former communities secretary Eric Pickles last year.

Luke Wilcox, for the parish council, told the court that planning rules allow rural greenfield development if there is a “local identified need.”

In this situation that must mean “local rural need,” he said. He claimed that the planning inspector who recommended the go-ahead for the project to the secretary of state did not appreciate that and wrongly considered the needs of the nearby town of Hunstanton as well.

Old Hunstanton has around 600 inhabitants while nearby Hunstanton has around 5,000 inhabitants. According to the housing register there are only two households in housing need in Old Hunstanton, compared with 22 in Hunstanton itself, said Mr Wilcox.

He added that the statistics showed that there was no need for 15 affordable homes in Old Hunstanton.

John Dobson, the chairman of Old Hunstanton Parish Council, attended the hearing. Speaking outside of court he said that the dispute, which has gone on for around two years, was “multifaceted and very complex.”

However, he said that he was the leader of the borough council that wrote the rules allowing development on green field sites if there was a “local need.”

He said that the borough council brought in the rule because the number of people buying holiday homes in the area had made houses in the villages too expensive for local people.

But he said greenfield development should only be allowed to let the people in the village who need housing build houses.

He added that the policy was not intended to allow people from the nearby town to be housed in the village.

However, Richard Honey, the counsel for the secretary of state who is opposing the challenge, told the court that the parish council was wrong.

He said that in reaching his decision the planning inspector had applied a “clear and natural” interpretation of the rules in a way that was in line with “local planning authorities up and down the country.”

Mrs Justice Lang has reserved judgment in the case and will give it in writing later. No date has yet been fixed.

Old Hunstanton Parish Council v Secretary of State for Communities and Local Government. Case Number: CO/79/2015

http://www.planningresource.co.uk/article/1354381/parish-council-takes-fight-against-affordable-housing-scheme-high-court

Minister says councils should “take back power” from Whitehall

http://www.westernmorningnews.co.uk/Minister-urges-councils-power-Whitehall/story-26827606-detail/story.html

But who will take back power from power-hungry councils!

Beach huts: is this EDDC’s most biased consultation yet?

https://www.snapsurveys.com/wh/s.asp?k=143273873752

How DO you reduce the negative impact of taking beach huts off people and selling them to the highest bidder? Answers to that question will be interesting!

And what would you rather have – a secret auction for taking them away or an open one? What do you prefer: the rock or the hard place?

And then, with waiting lists being so long they ask people if they would like to be added to them! So that they can justify this by saying they have even longer waiting lists because they proactively asked people who might never have thought of it to join one!

According to the Save the Beach Huts Facebook page this survey is costing upwards of £1000 (plus, of course, officer time, which is never costed).

Does East Devon need a CEO if South Somerset doesn’t?

Thanks to an EDW correspondent for this exchange of views in a local edition of Streetlife:

https://www.streetlife.com/conversation/10dtul2zio85n/

Local Government Transparency: a new House of Commons Briefing PPer

A House of Commons Briefing Paper on Local Government Transparency in England was published on 24 June 2015 – see link below.

Amongst other things it specified that the following MUST be provided to members of the public in a format that can be easily understood:

“The Code requires the publication of specified categories of data, and recommends the publication of additional data, under the headings below

Individual items of expenditure exceeding £500;

Data on the land and buildings held by the authority

Information on invitations to tender, and every contract or purchase order, with a value of over £5,000;

Details of every transaction on a Government Procurement Card used by the authority;

Grants to voluntary, community and social enterprise

organisations: dates made and amounts granted;

The authority’s organisation chart, covering the top three levels in

the organisation, including salary bands;

Details of trade union facility time: number of representatives and

spending upon them

The number of controlled parking spaces within their area;

Data on the value of the authority’s social housing stock;

Data on senior salaries (see section 3 below);

The pay multiple (see section 3 below);

The authority’s constitution;

Details of counter-fraud work;

Details of waste contracts;

Data on parking revenues.”

For more information, see

Click to access SN06046.pdf

Neil Parish MP says the public should be encouraged to “buy into fracking”: Green MEP disagrees

“The new head of Parliament’s environment and rural affairs committee has urged ministers to do more to encourage people to “buy into” fracking.

Neil Parish, chairman of the Efra select committee and MP for Tiverton and Honiton, suggested the controversial practice would be “good for the country”. But he said it was important for the Government to demonstrate “tangible” benefits to local communities first in order to get their support.

His comments came during a Westminster debate in which he acknowledged there were no current plans to extract shale gas in Devon. But large areas of the Westcountry are open to applications, and the energy secretary is pushing for extraction to be permitted in national parks.

Mr Parish argued a “competitive and efficient” shale gas industry would be “good for the country”, adding that the UK could end up producing “a lot more” of the resource than expected. He qualified this by saying the gas “should not be brought out of the ground at any price” and recommending investment in infrastructure to ensure minimal disruption to communities and landscapes.

However, his comments drew criticism from Green MEP Molly Scott Cato, who said the Government’s approach to fracking was proof of its willingness “to prioritise corporations over people’s rights and their health”.”

Read more: http://www.westernmorningnews.co.uk/Devon-MP-suggests-public-buy-idea-fracking/story-26822148-detail/story.html

External auditors: worth their weight in …?

“One of the world’s leading auditors has been accused of negligence and incompetence after $1bn was siphoned out of Moldova from under its nose – a sum equivalent to 15% of the former Soviet republic’s GDP.

Grant Thornton, the UK based accountancy giant with local franchises in dozens of countries, was the auditor for three of Moldova’s largest banks through which the money was embezzled and spirited out of the country in complex financial transactions, some through UK companies.

As a result, the authorities had to rescue the three banks with a bailout equivalent to half the annual budget. The knock-on effect was a currency collapse and a plunge towards recession, ruining the economy almost overnight. Moldova is already Europe’s poorest country.”

http://gu.com/p/49cf7

Grant Thornton is EDDC’s current external auditor.

What is scrutiny? Should it be prescriptive? Who prescribes and why?

A council that operates with an Executive Cabinet, such as EDDC, must have an Overview and Scrutiny function. Until this election, this was one committee at EDDC. Now, in its wisdom, the committee has been split in two: an Overview Committee and a Scrutiny Committee.
The Scrutiny Committee is chaired (at least for now) by Independent Councillor Roger Giles. We say “at least for now” because Councillor Giles (who had the highest vote of any candidate in the last election) is a rigorous scrutineer of EDDC, which has not made him popular with ruling Tories. How long they can stand his careful scrutiny and extremely good chairmanship at this committee remains to be seen.

However, EDDC, in its wisdom, and no doubt to help Councillor Giles, EDDC officers have given the Committee a very firm idea of what it expects of it. This is found in pages 3-5 of the agenda (see link at the end of this post) for the current committee which met a few days ago.
The suggestions in red are ours!
“Questioning is key. As a Scrutiny Committee member – you want to be prepared, so below are some helpful prompts to help you form your questions. Your questioning technique is crucial in order to encourage open answers
–
avoid interrogation and treat those you are questioning with respect, but don’t be afraid to ask supplementary questions of you feel you haven’t been given a clear answer.”  So far so good.

•  IS IT REQUIRED? (do we have this, does it make sense to tackle it, do we really need it).  Who decides whether we have to do it, tackle it or need it? If it is majority party members or officers, is it truly scrutiny?
•  IS IT SYSTEMS THINKING? (is it evidence based and designed around the customer demands) Oh dear, systems thinking – in our view a very expensive pseudo-gobbledegook theory which has cost EDDC thousands of pounds in consultant time to implement and seems to us can be distilled into two questions: Does it improve things? Is it cheaper?
•  IS THE INTENTION CLEAR? (what are we actually trying to achieve) Is whose intention clear? If the intention is not clear, will it stop scrutiny? Surely if the intention is NOT clear it demands scrutiny!
•  ANY REAL OUTCOMES? (are we actually, and measurably, achieving things for our customers). Ah, customers – remember customers are often developers. And, again, how can one be sure what the outcomes might be unless they are scrutinised. And are the outcomes in the best interests of the electorate, if not, whose interests are being served and why?
•  WHAT IS THE COST? (both time and money) How can this be measured when officer time is never, ever costed on any project?
•  DOES IT COMPLY? (have we checked that it meets our obligations, the law, any formal guidance, and any Council policy or resolutions). Ah, that catch-all “formal guidance” – guidance is simply guidance and means that you can ignore it. There is no such thing as “formal guidance” unless they mean the law which is definitely NOT guidance!  What happens if a council resolution is unfair or unethical?

•  OTHERS DO WHAT? (how do other organisations tackle this, best practice) Yes, very useful, as long as you do not cherry-pick your “best practice” to suit your own ends.
•  EFFECTIVE AND EFFICIENT? (how do we know we’re doing things well, in a timely fashion, and at “best value”) Again, you cannot know best value if you do not cost officer time. And how do you measure “best value” for social costs?  Is effective disadvantaging anyone?  Is efficient also ethical?  Is it long-term pain for short-term gain?

•  WHAT IS THE RISK? (any areas of risk for the Council) Fine, as long as reputational risk is excluded. Scrutiny should be fearless and impartial.
•  ANYONE LOSE OUT? (are there sections of the community who might be disadvantaged by this approach, or be less able to take advantage, than others) How do you measure loss – EDDC does it purely in “economic” terms and seems not to understand any other measure.  Does one measure short-term, medium-term or long-term loss?

•  DOES IT LINK? (have we linked this to other, similar, pieces of work within or outside the Council) Does it matter if it links? Surely, ground-breaking issues often link with nothing, but other things may later link with it.

Summary: You are the Scrutiny Committee: you can scrutinise anything you think needs scrutinising as long as you are not simply troublemaking for the sake of it. You should not be bound by a narrow-minded check list!

http://eastdevon.gov.uk/media/1178172/260615-scrutiny-agenda-combined.pdf

Devon urban sprawl

The region saw just over 5,000 acres consumed by urban growth in six years, according to a the survey, which shows the loss of an area almost the size of the Quantock Hills or Windsor Great Park, in the outskirts of London.

Almost 4.5% of the arable land in Devon, Cornwall and Somerset saw was turned into bricks and mortar between 2006 and 2012, the new map shows.

This represents around a seventh of the 35,000 acres of agricultural land lost to the spread of towns and cities across the whole UK.

http://www.westernmorningnews.co.uk/Satellite-shows-4-5-Westcountry-swallowed-urban/story-26816236-detail/story.html

How developers exploit the planning system

http://www.theguardian.com/cities/2015/jun/25/london-developers-viability-planning-affordable-social-housing-regeneration-oliver-wainwright

Gypsy and Travellers policy: 7 years and still we don’t have one (but EDW has the answer!)

Planning Inspector Mr Thickett comes to East Devon – again – next week to see if the Council’s Local Plan is yet fit for purpose.

One of his comments in March last year was that the district had no gypsy and traveller policy. Fifteen months later, and with the subject due to be investigated next week, we learn that we STILL don’t have a policy but we DO have half a million pounds set aside to try to come up with one:

http://www.devon24.co.uk/news/500_000_allocated_to_find_sites_for_gypsies_1_4126709

And, as Councillor Mike Allen so clearly puts it:

“This particular approach had been an absolute essential since around 2008, when we started looking at the proposals.

“I’m very disappointed that it’s taken six or seven years to bring forward any proposals because if the local plan fails, it’s due to lack of gypsy and traveller sites.

“I thoroughly endorse the proposal – it’s long overdue.”

The article goes on to say:

“Subject to approval by the local plan inspector, the council will put out a call for sites – areas, such as Cranbrook, on the western side of East Devon have been earmarked as potentially suitable.

As well as the proposed £500,000 budget for purchasing sites, the council is looking into other sources of finance available to it.”

Bet people in Cranbrook didn’t see that one coming!

Fear not councillors – East Devon Watch has the answer! Simply put the site next to EDDC’s new Headquarters at Heathpark, Honiton. That way, councillors get to keep an eye on the site and ensure that it works!

Then again, Skypark has a lot of empty space now, we hear!

Pull the other one!

A press release tells us that the Turks Head roundabout is being improved with DCC money because of the imminent arrival of the Premier Inn on the motel site and a 100 dwelling housing area further away.

Oh come on – motel, hotel just means traffic stays similar and industrial site traffic will be replaced by domestic traffic. But add the new EDDC headquarters on the Heathpark site and then traffic problems at the roundabout really kick off.

But this way, the whole county of Devon pays for the road improvement rather than the cost having to be incorporated into the relocation costs for EDDC.

Well, that’s good for the council tax payers of East Devon but it isn’t good news for other Devon taxpayers.

We wonder what Section 106 payments would have been expected for the Turks Head roundabout if a major supermarket HAD decided to use the site and if EDDC will offer similar inducements?

http://www.exeterexpressandecho.co.uk/news

Changes to the judicial review process

The (only, expensive) way of allowing members of the public to bring councils and developers to justice:

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=23493:not-in-my-back-yard&catid=63&Itemid=31

Beach Huts: where’s the news? It’s not happy-clappy

Spotlight last night featured East Devon beach hut owners up in arms about proposed changes that would see the agreements between hut renters and EDDC torn up in favour of an auction of five year leases of sites only which would go to the highest bidder. There would be no restriction on where new leaseholders would come from. ITV regional news featured this item last week too.

Apparently, Leader Diviani was pictured on an East Devon beach yesterday saying that the idea would be looked at again due to the backlash from local renters which he appears not to have anticipated.

Pulmans View titles has carried articles on this hot topic and mention of two meetings in Sidmouth and Seaton about it.

And the Herald titles? Not a mention in this week’s Midweek Herald. In fact, we must give an award for the most Good News About East Devon to the Midweek Herald. It DID carry an article on industrial estate tenants being kicked off EDDC Heathpark estate to make way for a housing development and an item on SW water polluting the River Axe but the rest of the paper was totally happy-clappy Good News – not even a mention of the new Local Plan public investigations next week.

Whatever happened to investigative journalism and controversial local news? It seems alive and well at the View titles but not in Archant titles.

There were, however, a lot of EDDC official notices at the back of the Archant newspapers though – mostly about planning developments. Indeed, Archant received over 90% of EDDC’s not inconsiderable £200,000 newspaper advertising budget last year.