Which committee will scrutinise the fiasco of the Draft Local Plan?

Seems Overview and Scrutiny are loathe to overview and scrutinise anything, especially now the elections are looming. Audit and Governance don’t seem too concerned. about it, now they have been panicked into dealing with the relocation scandal. The Development Management Committee seems content to spend all its time dogging their hats to developers large and small and so has no time or interest, relying in “updates” that update nothing.

No guards and therefore no-one guarding the guards.

Lamentable AND shocking.

Cabinet Office finds government woefully inadequate on public consultation

A few choice paragraphs the tot is top down AND bottom up:

“Our conclusions appear in Chapter 4. In brief, a number of our concerns about the Government’s approach to consultation are not allayed: and we are most troubled by an apparent absence within Government, in the Cabinet Office and in individual Departments, of a commitment to monitor consultation practice and to draw lessons of general application. …

… The Department for Communities and Local Government (DCLG) laid the Local Government (Transparency Requirements) (England) Regulations 2014 (SI 2014/2680) which served to update the Local Government Transparency Code and make it mandatory through regulations. The Department had received 219 responses to its consultation on the changes: 91 opposed the use of regulations, and only 15 explicitly supported it. In our 11th Report,20 we noted a statement by DCLG that many of the 91 opposing respondents would have been local authorities “who would naturally tend to be against regulation”; and that it was “perfectly reasonable to assume that if the 113 respondents who did not explicitly express a view were sufficiently concerned about Regulation then they would have said so in their response.” We commented that this interpretation nicely supported a pre-determined intention, but did not indicate a Department open to differing views. …

… Finally, in our 18th Report,22 we pointed out that it was bad practice if Government Departments arranged formal consultation exercises which largely coincided with holiday periods, such as the month of August, since this made it difficult for interested parties to prepare and submit responses. Yet this was the course that had been followed over the summer by two Departments: DECC, for the Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (SI 2014/3125), and Defra, for the Non- Commercial Movement of Pet Animals (Amendment) Order 2014 (SI 2014/3158). While both Departments had explained that they took other steps to alert stakeholders, we reiterated our concern that the timing of the formal consultation process might have served to disadvantage interested parties. ..

… Information subsequently received from the Cabinet Office states that there were over 300 Government consultations in the first six months of 2014, by contrast with 179 consultations in the first six months of 2012; and that the time spent consulting on a measure dropped from an average of 10.5 weeks in the first half of 2012, to 7.6 weeks in the first half of 2014. These are striking figures: the number of consultations has risen by two thirds, while the average time allowed for responses has fallen by almost one third. We recognise that these figures lend themselves to different interpretations: but one that we see as entirely possible is that, by shortening consultation deadlines, Government Departments can carry out more exercises over the same period of time, irrespective of the capacity of third parties to respond.

… We pressed Mr Letwin on the issue of responsibility for the Government’s approach to consultation, and for tackling bad practice by individual Departments. He said that the consultation principles were the property of the Cabinet as a whole; the Cabinet Office had considerable influence over the principles; but “not even the Prime Minister, let alone the mere Cabinet Office, is in charge of the entire operations of every Department. Those fall to the relevant Secretaries of State in our system, so I cannot command.”45 We found this answer unsatisfactory, and troubling. If neither the Prime Minister nor the Cabinet Office is able to intervene where Departmental consultation is falling short, and if they lack either the information or the commitment to do so, something is badly wrong”.

Click to access 98.pdf

It’s where the Housing Minister DIDN’T go that’s interesting!

The housing minister, Brandon Lewis, made a whistlestop (i.e. quick and under the public radar) visit to Lympstone and Cranbrook yesterday.

He DIDN’T visit Feniton, Gittisham or Clyst St Mary or anywhere else blighted by over-development and Council Leader Paul Diviani is conspicuous by his absence in rhe photograph. Not many people at all in the photograph, actually!

Only “good news” visits between now and the May elections!

http://www.exeterexpressandecho.co.uk/Minister-visits-Lympstone-Cranbrook-whistle-stop/story-25914130-detail/story.html

Wainhomes at it again – this time in North Devon

Another example of Wainhomes flouting planning conditions following a successful appeal, again to do with building on green field sites and ignoring pre-commencement conditions to do with drainage. This time its Westward Ho in Devon, and not Feniton.

A lacklustre response from Torridge District Council (Head of Planning, Kate Little, ex-EDDC Head of Planning)

http://www.northdevonjournal.co.uk/Westward-Ho-residents-angry-building-work-begins/story-25911886-detail/story.html#ixzz3PeoJg2rW

“New and relevant information” – no, says Monitoring Officer

A follow-up email from Sandra Semple see post yesterday):

“Thank you, East Devon Watch for achieving what I could not do alone. This morning an email came from the Monitoring Officer: no, my information was neither new (which it was) nor relevant (which I still believe it was).

My response: we shall see!

What it DOES reveal is that the Monitoring Officer appears to be not just toothless, but gumless, jawless and possibly headless, as, it seems, he can do nothing about anything except where it concerns a councillor of a minority party, in which case a Monitoring Officer (the previous one so far) goes in with all guns blazing. Hmmm.”

“Quite honestly, we have fallen flat on our face” with the relocation project, warns Honiton Councillor, Peter Halse

At last night’s Overview and Scrutiny Committee senior Tory councillor Peter Halse lashed EDDC’s Relocation Project. He said it risked the Council’s reputation for financial prudence. “At the time (the relocation project) looked OK, but now, with hindsight, it looks pretty bad….Quite honestly we have fallen flat on our face!” He was sceptical about Deputy CEO Richard Cohen’s claimed energy savings, and said employees based in the newer 1970/1980s building, “can’t see any reason why they’d want to move”. He concluded “It’s not just the leadership who are responsible. We need to look this thing full in the face. We can get out of this”.

Sidmouth resident Richard Eley, had already mauled Richard Cohen’s assumptions on future energy cost savings which were “way out of line” with those predicted by the Department of Energy and Climate Change (DECC). Mr Cohen in response welcomed the fact that auditors would now be taking “a useful look under the bonnet, as it were”. In the meantime a preferred developer had now been selected for a mix of care home and residential properties at Knowle. The planning process would have to be gone through by the developer and further attempts to delay the Knowle sale have been factored in to the costs, he added.

When Independent Cllr Claire Wright expressed concern that EDDC’s planning committee would be under extreme pressure to grant permission to develop the Knowle because the whole relocation project depended on it, she was accused of casting doubt on the integrity of councillors.

Independent Councillor Roger Giles didn’t get a clear answer from Mr Cohen about where his 10% annual energy inflation figures came from, only that they were “conservative”! And there was no answer to Cllr Giles’ second question about how much extra the renovation of Exmouth Town Hall would cost.

Tory Cllr Graham Troman (Vice Chair of the OSC) said the Knowle site was an appreciating asset while refurbished offices or new-build on an industrial estate (e.g. Heathpark) would not recoup the money spent on them.

Tory Cllr Sheila Kerridge urged her colleagues to show transparency and “not to be seen to be doing things underhand….Put the matter on hold until we know the figures”. (echoing Cllr Claire Wright’s proposal voted down a few weeks earlier.

Chair Tim Wood concluded that all would be examined in great detail by the auditors so there was no cause for alarm.

The second burning issue was the suggested reform of Task and Finish Forums.

A proposal from a Democratic Services Officer (advised by CEO Mark Williams?) that the scope of TAFFs should be proposed by officers, seemed pretty well acceptable to the obedient majority – though it is going to be thought about first by one of Cllr Bloxham’s Think Tanks.

The controversial Business TAFF will continue with the same members as before, but without too much embarrassing looking back at relations with the East Devon Business Forum whose demise seemed to be lamented by Deputy Leader Andrew Moulding. He assured everyone that the TAFF will now have perfectly respectable relations with the new East Devon Business Group which genuinely represented the District’s entrepreneurs.It was time to turn the page, he said, and stop attacking the perceived influence of the EDBF on crucial planning decisions. The representative from Axminster concluded,fittingly, that he was not “trying to sweep anything under the carpet!”

Persimmon pays for Exeter golf club to redesign its course

Persimmon Homes is funding the redesign of 3 holes at Exeter Golf and Country Club because their homes are close to the club and they were unhappy that the Club’s alternative (a high safety net) would impact on their site.

http://exetergcc.co.uk/exeter-golf-country-club-secures-funding-housebuilder-re-design-golf-course/14002

EDDC Monitoring Officer and complaints

We have received the following email from Sandra Semple. This is a personal view only and does not necessarily represent the view of this blog:

“May I point out that the district council spokesperson, who has said in a recent newspaper report that “As far as Mark Williams, chief executive of East Devon District Council is aware, there is no new and relevant evidence that would give cause to reopen either the Councillor Twiss or Councillor Wragg cases” is incorrect.

I submitted new and relevant information on one of these cases in December 2014 in two specific areas relating to the Council’s Code of Conduct and the Council’s Media Policy. In early January 2015 I urged that the Monitoring Officer to give me his decision on this new and relevant information in good time so that, if this information did indeed matter, it could go to the late January 2015 Standards Board Meeting which was then about 3 weeks away.

To date, I have heard nothing from the Monitoring Officer and my 2 complaints are not included in those dismissed, unless he has dismissed them without letting me know.

It seems unlikely that they were amongst those dismissed as I wrote to him recently saying that if he did not make a decision on my new and relevant information before the next Standards Board scheduled for March 2015 it would be likely that we would not know the outcome of these complaints before district council elections.

As the Monitoring Officer has cleared so many complaints he obviously has time to deal with these outstanding complaints now, although as he still appears to work full-time for Mark Williams sister council in South Somerset, perhaps he is not finding it easy to deal with his workload in East Devon.”

OSC draft minutes: “remaining inaccuracies”, and “a little more for the record” from EDA.

Councillor Tim Wood, Chair of the Overview and Scrutiny Committee (OSC), has been copied in to this e-mail just sent to EDDC from EDA Chair, Paul Arnott. (This evening’s OSC meeting begins at 6.30pm at Knowle.)

‘ I note that Tim (Wood) as Chairman of the Overview and Scrutiny Committee in question, has removed the falsehood that Mr Williams had been “accused” by me of “meddling” with the police investigation. It is regrettable that EDDC published this in draft form online, and an apology from the council would be usual in the circumstances.

As you have already sent out the amendment, there is little point in my further commenting on its remaining inaccuracies. I will take the Chairman’s thanks for my taking time in transcribing the recording and pointing out the errors in the minutes as read.

However, it seems worth saying just a little more for the record, for Tim to consider in his role as Chairman of Overview and Scrutiny. As a former MP his experience in these matters carries much weight in the district.

Mr Mark Williams’ own published account and recorded statements in November disclose that very early in the timeline of the investigation – in the Spring of 2013 – he offered prejudicial opinions to the police in relation to the motivations of those who may have wished to give evidence in this matter.

Then, on the conclusion of the matter in November 2014, he repeated this course, and attempted to heap more blame on these same people, to their material disadvantage. It was an open effort by him to discredit councillors and public alike.

In summary, Mr Williams sought to do reputational damage both before and after the investigation. He then interfered with the course of any further internal investigation by attempting to eliminate a named councillor from the process.

In his November 2014 statement, sent to every councillor before your last meeting, he then falsely smeared the East Devon Alliance, of which I am chairman.

For your information, the EDA was not even constituted until some months after Mr Williams’ own colleague, Ms Denise Lyon, freely decided to report Mr Brown to the police, presumably with his knowledge and tacit approval.

If Mr Williams was keeping a cooler head he would understand that the East Devon Alliance was constituted after the event, and well after his own council had decided it must involve the police.

Many independent-minded, experienced council tax payers considered at the time that from that point on the whole process would require strong independent scrutiny. This is a function which the East Devon Alliance, amongst others, has performed valiantly, I’d suggest, on this and a range of other key district issues. They deserve greater respect than inaccurate and arrogant assertions from the man whose wage they pay.

On a personal note, just to be very clear indeed, I have never had any knowledge of Mr Brown, and had only ever heard his name mentioned, prior to the Telegraph report in March 2013, when local councillors, particularly my ward member Cllr Helen Parr, stated privately that they believed him to be one of a small number who had brought the planning system into disrepute over many years. Who could disagree with her?

These opinions were being freely offered years before Cllr Claire Wright, for example, was even a councillor. Perhaps they never came to Mr Williams’ ear.

I and many others consider that Mr William’s attack on Cllr Wright (and others) – both through the document he published before the November O&S, and indeed his disgraceful attack on Cllr Roger Giles during that meeting (which does not seem to have been seen as noteworthy enough to make the minutes) – were astonishingly ill-judged for one in his position. A matter for scrutiny, perhaps?

As to the police investigation into this matter, let it be recorded that it accomplished nothing other than to provide six hundred days political cover for EDDC to refuse to openly debate and make amends for its mistakes in Planning policy.

Any sincere and rigorous internal investigation carried out by councillors supposedly keen to get to the facts in Spring 2013 would have ranged from the inappropriate influence of the EDBF to the real narrative behind the catastrophic failure to implement a Local Plan in a timely fashion. This failure, predicted by many, leaves us without any protection for our district from opportunistic and unsustainable development. There is no gain in this for the residents of East Devon; the gain is plainly elsewhere.

With hindsight, it appears that the public interest in this matter would have been for Ms Lyon not to have made a report – not an allegation, it should be noted – to the police, but instead to have put extra impetus and urgency into the TAFF set up to look at matters in this area. Instead, this TAFF was put on ice. Tonight we shall learn of its refreshed remit, and precisely who the Chairman of O&S, and the officers he has consulted, deem helpful to sit on it.

As a layman, it would not be difficult to reach the conclusion that the police role as this story played allowed the council to keep this whole matter in the long grass. It can also be fairly commented that the police did not seem in any great haste to retrieve it.

all best wishes

Paul
‘

Allegedly misleading draft minutes of OSC amended…in part.

From EDDC to EDA Chair, Paul Arnott, this afternoon:

The Chairman of Overview and Scrutiny Committee has provided the following words for proposed amendment to the minutes of the 13 November 2014 meeting.

Minute 47 (page 4) second paragraph be replaced with:

‘Mr Paul Arnott spoke from the floor putting some critical questions regarding the work both of the police and the Council in the investigation of a former councillor. He claimed that “the chief executive of the compromised authority did what he could to meddle with the internal investigations​” and also asked the police and crime commissioner, Mr Hogg, if he found it coincidental that something like six hundred days after a report was made from this authority to the police about the conduct of a former councillor, five hundred and ninety-nine days later, and one day before he appeared before the committee, the police finally announced that there would be no further action. Mr Hogg did not comment at the time but later, in response to questions to Mr Hogg and senior police officers, it was made clear by Superintendent Perkin that the police investigation had been long and complex and that they did not think the senior investigating officer would have been aware of this meeting.’

Minute 54 (page 12) 8th paragraph from the start of the minute be replaced with:

‘Councillor Claire Wright commented on the recent circulation of a letter of the East Devon Alliance. She went on to state that any attempt to eject her from the membership of the Business TaFF would send a message to the public that the Council had something to hide.’

These proposed amendments have been circulated to the Overview & Scrutiny Committee, for their meeting this evening (6.30pm, Knowle).

For EDA’s response, see next blogpost….

Business TAFF under new stranglehold?

Lots of new rules being instigated at EDDC recently (a possible unseemly distraction from the focus of getting a new Local Plan in place?). Interesting that priority has been given to drawing up new rules for task forums (fora?). http://www.claire-wright.org/index.php/post/changes_proposed_for_east_devon_council_task_forums_to_avoid_risk_of_hijack

Which makes us all wonder about the crippled Business Task and Finish Forum (Business TAFF). It was originally set up by the Overview and Scrutiny Committee’s then Chair, Cllr Stuart Hughes, who was rapidly replaced by Cllr Tim Wood. The latter seems to have no enthusiasm for the Business TAFF’s purpose which was to undertake “an in-depth” investigation into EDDC and business (inevitably including the group formerly known as the East Devon Business Forum, co-founded by Cllr Paul Diviani, and described by EDDC Chief Executive Mark Williams as a “joint body” with EDDC.). No “in-depth investigation” is known to have been done, and key players such as EDDC’s former Economic Development Manager, Nigel Harrison, who had a dual role as the EDBF’s Honorary Secretary, have not been available to answer questions.

If the Business TAFF does at last continue, will its scope have been altered, for what reasons, and by whom? One assumes that EDDC’s Overview and Scrutiny Committee Chair and Vice-Chair have complete and independent control of the matter, without any officer interference. This evening’s meeting may or may not confirm that.

For a timeline for the Business Forum, try the SIN archive: https://sidmouthindependentnews.wordpress.com/2013/09/02/the-business-taff-drags-on/

OSC draft minutes may be ‘unacceptable in law’, as they stand.

Further to yesterday’s East Devon Watch blogpost* about alleged misrepresentation in the Overview and Scrutiny draft minutes:

From EDDC to EDA Chair, Paul Arnott today, by e-mail:
The Chairman of Overview and Scrutiny has read your request and has decided that some small changes will be made but not exactly as you have requested. He has advised me that he is working on a rewording of that section of the minutes to take into account your request.

Paul Arnott’s e-mailed reply: ‘..it is unacceptable in law to place on the public record an endorsed minute wrongly stating that someone has spoken at a meeting and “accused” the Chief Executive (the implication in the wording being that this is the CEO of EDDC) of “meddling” in a police investigation.’

*https://eastdevonwatch.org/2015/01/22/serious-misrepresentation-in-overview-and-scrutiny-committee-draft-minutes-eda-requests-amendment-at-todays-meeting-22012015/

New offices at nil cost to the public…? ‘fraid not

The latest edition of Private Eye has a cautionary tale. EDDC Overview and Scrutiny Committee meeting this evening (6.30pm, Knowle) please take heed.

Private Eye 21Jan15Croydon1Private Eye 21Jan15 Croydon2

It’s contagious!

This week’s Private Eye “Rotten Boroughs” column has stories on:

Outrageous expenses and behaviour of senior council officers in Lancashire and Croydon

Senior officers in Norfolk concocting evidence to suit their needs

A councillor using the council’s press office in Stoke on Trent to create his personal tweets

A cosy relationship between a district council and the owner of development land in the Cotswolds

A council in Tower Hamlets claiming short-listing for an award it DIDN’t win the previous year

Which of these would you think might have already happened, be about to happen or is planned to happen at EDDC?

image1

Robust scrutiny of relocation figures…will tonight’s OSC root out answers to SOS questions?

See http://saveoursidmouth.com/2015/01/22/i-can-only-assume-that-you-have-something-to-hide-sos-chair-tells-eddc/

Devon NHS crisis – MP Ben Bradshaw’s view

” … Last February the Government sent consultants in to investigate the reasons for the particularly severe financial crises affecting Devon and 10 other NHS areas.

We still haven’t seen the results of their work. I have asked for it repeatedly. I was promised it “soon” by the Minister during my recent Commons debate, but still nothing. The Government appears to be in complete denial about the seriousness of the problem.

I suspect one of the reasons for the pressures in Devon is because the way the Government calculates the extra cost of looking after elderly people only goes up to 75. We have one of the highest numbers of over-75s anywhere in England. The very elderly and frail are more likely to be admitted to hospital and stay longer.

One of the main pressures and reasons for this winter’s Accident and Emergency crisis has been the difficulty hospitals have had in sending people home because the social care support packages are not there. So we are suffering a double whammy – NHS funding not reflecting the extra cost of looking after an elderly population at one end and a lack of support because of deep cuts in social care at the other.”

http://www.exeterexpressandecho.co.uk/letter-Exeter-MP-Ben-Bradshaw-Tories-denial-NHS/story-25901869-detail/story.html