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The dangers of ‘delegated powers’

One of the  ‘items of concern’  from  EDDC’s recent Full Council meeting, is their plan to use more ‘delegated powers’ for planning decisions (See our May 24th report, Public question time…and some items of concern ).

Will the new planning application for Sidford  be decided by this method, away from the public eye? (For the proposal, and SVA objection, go to May 20th post, New Planning Application for Sidford AONB).

SOS Chair, Richard Thurlow has been finding out. His comments, and correspondence with EDDC , are  reproduced below, with his permission:

 “I asked whether the Planning Application for the vet centre in the Area of Outstanding Natural Beauty  was going to the Development Management Committee or being dealt with under ‘Delegated powers’.

This is the answer.”.

Sent: 24 May 2013 18:35

RE: Planning Application 13/0715/OUT

Dear Richard,

Further to your attached e-mail and subsequent voicemail all I can say at this stage is that the process by which the decision is made on this matter will follow the Council’s constitution and therefore if the recommendation is contrary to that of one or more of the ward members comments then the matter will be reported to the DM Committee. Furthermore if the recommendation is to approve then it would also be reported to DM Committee as a departure from the Local Plan. Aside from these circumstances a decision could be made under delegated powers. Until we have come to a final view ourselves and have the opinions of the ward members I cannot confirm the procedure for a decision on this matter.

Regards.

Ed Freeman

Development Manager

East Devon District Council

 “Sidmouth Town Council has agreed to this Application, so we shall have to see if any Ward members object, or whether it is considered a departure from the Local Plan (in the existing it is; in the new LP it is, too).”


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Public question time at the Full Council meeting this week (22 May) , and some items of concern.

There were two questions from the public.
  • The first was from Barry Sangster of Sidmouth, who asked why it was necessary to have Party Whips in local politics, as they would run contrary to the Government’s policy of Localism. Councillor Paul Diviani denied ever using a Whip, and Conservative Party Whip, Phil Twiss, replied that there was no Whipping at EDDC. Sarah Randall-Johnson said that Whipping was used only rarely…just once during her own 10-year period as Leader of the District Council. Councillor Eileen Wragg , Leader of East Devon Liberal Democrats, added that they do not have a Party Whip.
  • The second question was from Paul Hayward of Axminster Town Council. He asked what EDDC was going to do about the  worrying decline in voter turnout. In the Devon County elections earlier this month, he said, voting was as low as 27% in some places.   The Leader replied that every single Conservative Candidate had been returned, but that he would give a written answer.
And two agenda items at this meeting have left disquiet  amongst some Councillors and the public:
  • Firstly the attempt to determine some Departure planning applications under delegated powers. This would be away from public scrutiny, and would deny the public and Parish/Town Council representatives the opportunity to attend the meeting to hear the arguments, and would also deny the public and Parish/Town Council representatives the opportunity to speak at the meetings. It would also have diminished the role of Local Members in determining Departure applications.
SOS note: The proposal, had it been agreed on 22 May would have been a substantial reduction in the democratic arrangements at EDDC. Had such arrangements been in place at the time, almost certainly the Kelly Lynch (at Tipton) case would have been taken as a delegated decision, as this would have lessened the prospects of reporting of embarrassment to EDDC because of its handling of the matter. And what about The Knowle?
The matter is to go to EDDC Development Management (perhaps at the June meeting). But very few people outside EDDC are aware of what was proposed. Surely Parish and Town Councils should surely be consulted about such a change, and given the opportunity to comment on it.
  • The second issue of great concern was an apparent attempt – yet again – to constrain what the Scrutiny Committee, and its East Devon Business Forum TAFF, is able to do in terms of its consideration of the activities of EDBF. In spite of a full debate and a vote to allow consideration of planning matters at the EDDC Scrutiny Committee, somebody appears to have been making further attempts to frustrate what the majority of members voted to do. 


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New EDDC Chair is Councillor Graham Godbeer

A retired Vet and specialist in Deer Management, Councillor Godbeer was first elected to East Devon District Council, to represent Coly Valley, in 2007.  A member of Axminster Town Council for 16 years, and recently a Portfolio holder for Economy, he was described on Wednesday as ” a man of culture and a gentleman” and with  “a love of his community, his family, and of animals.”

Outgoing Chair, Councillor Peter Halse, was congratulated on initiating the very successful project  in Honiton by a local sculptor. He spoke of his own enjoyment of the role as EDDC Chair, noting more than a few “times of excitement here in this room”. He hoped in future that his colleagues would be seen to be “working not for themselves but for the Council”.

More on this meeting to follow.