Could YOU represent your Community? Do YOU like to be involved in local issues?

Could YOU represent your Community? Do YOU like to be involved in local issues?  Can YOU assist your neighbours to find the right route to resolve a problem? If so Rochford District Residents needs YOU.

Rochford District Residents is a local political party that has its roots in Residents Associations.  Run and administered by John and Christine Mason who represent their Ward – Hawkwell West – on Rochford District Council the aims are simple:  To achieve the best possible results for the residents they represent in local matters.

Many national political parties, but not all,  set their policies focused on Parliament and Parliamentary seats and these are cascaded down from the top to the local political groups. Rochford District Council (RDC) seats come under two different Parliamentary Constituencies and the Leader of the RDC group ensures that both National and Local (Conservative) Policies are adhered to by use of the Whip. (Nothing to do with black leather (!!) but to do with ensuring that members of that group vote as instructed by the Leader of the Council.)

Rochford District Residents  are unlike national political parties as there is NO whip nor will there ever be.  We believe that everyone has a view that they are entitled to put forward and after a debate a vote should be taken on the merits of the points raised, discussed and debated.

Unfortunately at present the local administration have a different policy, their whip ensures that their Councillors vote in line with the party instructions regardless of whether it is right or wrong for your area.  The craziness of this was demonstrated by the recent Conservative led hike in car parking charges when 10 Conservative councillors disobeyed the Whip and abstained.  Yes, abstained because they were ‘not allowed’ to vote against the Conservative Policy.  Had they had the courage of their convictions and voted against the rise we would not be facing this increase, which is yet to be implemented. (Delayed from the beginning of April.)  These ten became nine etc and only one of the original ten has had the courage to continue to reject the Whip, becoming an Independent Conservative .

We are not anti- conservative, or anti-labour or anti-liberal for that matter.  We just believe that local people should have an independent  voice in local issues.  In many ways we are Independents under a Heading to allow voters to identify with us and our aims.  We had hoped that the much publicized Localism Act would create more democracy at a local level but unfortunately this has not been the case. Nor will it – ever.

Next May thirteen RDC seats are up for election, one in each of Ashingdon and Canewdon, Barling and Sutton, Foulness and Great Wakering, Hawkwell North, Hawkwell South, Hawkwell West, Rochford, Hullbridge, Hockley Central, Grange, Lodge, Sweyne Park, Downhall and Rawreth (Rayleigh Wards).

Christine will be standing in Hawkwell West seeking re-election.

Would you like to join her and stand in one of the other wards?

Even if you do not wish to use our heading of Rochford District Residents and wish to stand as an ‘Independent’ we are more than willing to help and advise you on the complexities of seeking election and representing your area and your views.

It may seem a long way till May 2015 but we feel it is best to get to know your potential ward well in advance of an election which enables you to go to the electorate with a track record and a clear understanding of the commitment you may be making.

Contact John or Christine on john.mason@bigfoot.com

Residents of Thorpe Road Have Had Enough !!

Residents of the “Unmade End” of Thorpe Road. Hawkwell have suffered so much damage to the road surface that they have issued an Open Letter of Complaint to David Wilson Homes/Barratts at their Clements Gate (Christmas Tree Farm) Site.

We hope that Barratts will now listen to the these residents and put things right immediately.

Street Light Re-location in Rectory Road

Rochford District Council has also issued the following by email.

“Dear Councillor
It was apparent that the lamp columns along Rectory Road, which were required to be repositioned off of the footpath, had been installed by the power utilities company in the wrong place. They have been instructed accordingly and will put right their error.”

“FYI…there is an officer meeting on Tuesday morning to discuss the ‘correct’ position of the relocated lamp columns.”

Damage to the Verges in Rectory Road and Thorpe Road

Because of the above problem there will be a delay in seeing this damage put right as well !!

 Open Letter of Complaint from Residents to David Wilson Homes/Barratts at their Clements Gate (Christmas Tree Farm) Site.
Dear Sir

I write with regard to the unmade end of Thorpe Road opposite the four bungalows numbers 82,84,86, and 88 and along the side and front of the bungalow on the corner of Rectory Road number 400. The road has been dug up some four times now and left in the most appalling state by YOUR contractors and despite several complaints to your communications people nothing is being done to correct the damage, we are therefore asking you directly for the following:

The grass verge opposite the four bungalows has been dug up and just left as mud, as has the verge along the side of number 400 Rectory Road. We ask that the grass verge is reinstated.

The entrance to Thorpe Road either side is churned up with deep tyre tracks by YOUR contractors lorries and diggers and has been left in that state. We ask that the entrance to the road is cleaned up.

The unmade road fronting onto numbers 82,84,86 and 88 Thorpe Road was repaired last summer by the residents with hardcore provided by yourselves. This was extremely hard work and we do not see why we should have to do it all over again when the damage has been done by YOUR contractors lorries and heavy plant. Contributing to this is the number of lorries, big ones, that ignore the ‘No Access’ signs at the entrance to the road every single day. We have asked for a yellow ‘Construction Traffic’ sign with an arrow pointing up Rectory Road as this might help, but this has been refused!! We ask that potholes are repaired and the road reinstated to how it was last summer.

The grass verge and the driveway across the outside of number 400 Rectory Road has been left in a mess by YOUR contractors and despite several complaints nothing has been done to tidy it up. We ask that this work is done.

A line of Lavatera bushes along the right hand side of the entrance to the road, planted by residents, has been trashed and left. These need tidying up or replanting.

Every time we complain we get the answer ‘nothing to do with us’. These are YOUR contractors and YOU are responsible. WE ARE NOT ASKING FOR MONEY, WE ARE NOT ASKING FOR COMPENSATION, WE ARE SIMPLY ASKING THAT THE AREA IS PUT BACK THE WAY IT WAS BEFORE YOU DUG IT ALL UP.

I have copied in our local Councillors Christine and John Mason and give them permission to publish this email on their website and to forward it on to anyone they think might be able to assist us. If nothing is done our next step is to go directly to Mr David Eardley who I am told is the Managing Director of Barratt Homes.

I look forward to hearing from someone in authority or perhaps it might be a good idea to send someone along to actually look at the mess!

Yours sincerely

Carol Dutton

84 Thorpe Road
Hawkwell

UPDATE FROM DWH/Barratts

In respect to the grass verge, this is the responsibility of one of our statutory service providers, Power On Connections. These works are still to be finished in this area and they are due to return and conclude works on the 17th and 18th April. They have a contractual obligation to reinstate the area of their works to its original state and this usually occurs within a month of work being completed.

In regards to the disturbances on the unmade section of Thorpe Road, I believe Nikki has explained that we are unable to repair these ourselves as not all of the residents want it repaired, out of a wish to deter non-residents from using the road as a thoroughfare. Therefore, we are happy to provide material for individuals to carry out the works on their own initiative. We can get you this material fairly quickly but believe it is best to wait until Power On Connections have finished their works.

Clements Gate – David Wilson Homes & Barratts – Update 20

Development Committee was busy this week particularly for your Hawkwell West Councillors, John and Christine Mason, as two applications that affect our Ward were up for consideration. These were both for alterations to Conditions for the Housing Estate that is currently being built. Despite the developer receiving full, detailed approval in Dec 2012 our Officers seem to be constantly having to work on proposed alterations.

This time the first Application heard was for an alteration to the Flood Risk Assessment. Since last August John and I have been researching and studying the complex terminology and criteria that affect this issue, with help from local residents who have expertise in this field. We now feel we have an adequate understanding to ask the right questions of the appropriate authorities. In view of this and with the support of the Development Committee we have asked for a couple of important aspects of the revised proposal to be clarified and the Development Committee also determined that we, as Ward Members, should be involved before final approval to the revised scheme is given by our Head of Planning and Transportation. Flood prevention and surface water drainage are subjects that create considerable concern and whilst we are by no means experts we can at least communicate these concerns together with our intimate and extensive knowledge of the local area.

The second was another request for an alteration to a Condition that requires the alteration to the mini roundabout at Hall Road/Rectory Road to be complete before first occupation of any house on the new estate. The Developer wanted to be able to have 22 properties occupied before this was completed. However the mood of the Committee was unanimous in support of Refusal. Councillors felt that Conditions, which Members and Officers alike spend considerable time on agreeing to, should be adhered to. We also pointed out that there were other Pre-occupation Conditions that had not been fulfilled and that the work on the roundabout commenced on the 3rd February with, we understand, a very generous time scale of six weeks. Maybe this is due to the fact that there would appear to be a cessation of activity, certainly no work has been noted this last week despite equipment being left on the verge.

Let us hope that this work will be completed in a speedy manner, likewise the supposedly temporary closure to pedestrian access in Thorpe Road.

Clements Gate – David Wilson Homes & Barratts – Update 19

A Brief Update

As ever your Ward Councillors, John and Christine Mason, have been busy dealing with issues and complaints and following a really helpful meeting with two of ECC engineers we are able to report the following;

• Two badly damaged areas in Thorpe Road pavement are to receive a temporary a repair today, 30 January, and discussions will be taking place next week regarding more permanent remedial works.
• The fence erected blocking a neighbour’s driveway is to be moved.
• The damaged section of Thorpe Road carriageway is to be inspected with a view to a satisfactory reinstatement of the road surface.
• Work is due to start on the mini roundabout at Nursery Corner/Hall Road junction on Monday the February 3^rd and should take about 3 – 4 weeks.
•  Despite promises the footpath access through Thorpe Road has yet to be reinstated but we are hopeful that this will be done before the end of March.

David Wilson Homes “hopes” to reopen a temporary path through Thorpe Road by Christmas – Quote – Unquote

Reported in the Echo 6 December 2013

Update on our Article, Thorpe Road Closure with less than 24 hrs Notice

A FOOTPATH which was closed,leaving residents with a half-mile detour to reach village amenities looks set to be reopened by Christmas.

The path at the unmade end of Thorpe Road, Hockley, was shut unexpectedly in October, as part of a development for 175 homes in the village.

The closure meant residents had to walk half-a-mile along narrow pavements on Main Road or Rectory Road to reach shops, a doctor’s surgery and Greensward and Westerings schools. At the time, the move left residents angry at the lack of communication from developers David Wilson Homes, who had told residents the path wouldn’t be shut and access would be maintained at all times.

Now, after intervention from County Hall, the path looks set to reopen.

Following a meeting with developers,a spokesman for Essex County Council said: “The developer was understanding and supportive of the council’s desire to have access through Thorpe Road fully restored for pedestrians as soon as possible. “An alternative diversion within the site is being considered by the developer, which will direct pedestrians from the north of Thorpe Road, and to the east of the site to join with the southern part of Thorpe Road.”

“A spokeswoman for David Wilson Homes confirmed that it hoped to reopen a temporary path by Christmas.”

Comment from District Councillors John and Christine Mason

“Let us hope that the promise made by Barratts is fulfilled because this has caused problems for residents for over a month now and by Christmas  is another month”  

“Whilst welcoming the position negotiated by Essex County Council Officers this has only been achieved after protest by Councillors and Residents.” 

“Essex County Council should never have allowed the agreement that it would not be closed to pedestrians, agreed with District Councillors by ECC and Barratts, to be reneged upon in the first place.” 

“People Power” or How Residents Can Carry Out DIY Flood Prevention

Hawkwell Brook Saturday 30^th November and Sunday 1^st December

As featured in the ECHO DIY Flood Plan

No one told us how physically hard flood prevention would be.  John and I ache in muscles that “we did not know that we had and probably have not got”!  (Christine was heard saying “Charlie Dimmock I am not.  (Certainly John is not!))  That said it is a lot cheaper and more rewarding than the gym.

Saturday dawned cold, bright and above all dry.  Nearly 40 people turned up over the course of the session, it was impossible to keep track of everyone but all set to with a will.  Father and Son, Mother and Daughter, Family and friends from age 8 to 80 every one did what they could and more.

 

As someone said the camaraderie was fantastic and they got to know their neighbours better.  The community support has been staggering from Rochford Hundred Rugby Club members to school children, young and old, fit and less physically able, residents and ‘outsiders’ side by side.  Some residents who could not help provided tea, coffee and biscuits for the volunteers, one lady brought round a tray of cakes.  Everyone has contributed. As tired limbs were failing we were further encouraged by the Rochford Hundred Rugby Club members who came along after their commitments and finished of the stretch we were all working on.  A massive improvement but better was yet to come.  Sunday saw more members of the Rochford Hundred Rugby Club and their strength and abilities saw the task finished.    With the support of yet more tea and cakes!

 

As a Community, Hawkwell West owes a great deal to these willing volunteers for their assistance with this project, but we can also congratulate ourselves.   Let us hope that those residents that were so adversely affected by the floods can now approach winter with a greater sense of peace and that this effort will achieve its aim of helping to prevent a repetition of the August floods.  Everyone has contributed.  Our Hawkwell West Community has proved that the spirit of community is alive and well.

 

 

Thanks to Rochford District Council for the Gloves and Rubbish collection, DWH for the loan of two wheelbarrows and forks, Southend Hospital for the Hand Cleanser, Everyone who helped and…………………

Special Thanks to Rochford Hundred Rugby Club Members.

Clements Gate – David Wilson Homes & Barratts – Update 18 – HGV Access to Thorpe Road

  We returned home from our annual family holiday to find that David Wilson Homes (Barratts) had not ceased to use Thorpe Road for access of HGV Construction Traffic from the end of October.

Complaint to the Managing Director, David Wilson Homes (Barratts)

Dear Mr. Eardley

Several weeks ago Mr. Ruffy advised me personally, face to face, that HGV Construction Traffic would cease to use Thorpe Road from the end of October.

On the strength of this, and in response to a large number of complaints, Christine and I knocked on every door on Thorpe Road to pass on this assurance from Barratts. This was in good faith and an attempt to assuage the growing deterioration in the relationship between residents and Barratts.

It is evident from a complaint today that this promise has not been fulfilled.

I am advised that a large amount of clay has been deposited on the highway and all that has been done is turn this into a dangerous slurry.

The resident is as I write telephoning County Councillor Cutmore to complain and ask ECC Highways to send an Inspector immediately.

If the resident is unsuccessful then I shall contact the Chief Executive of Essex County Council personally.

I expect to receive a number of further complaints that HGV Construction Traffic has not ceased to use Thorpe Road from the end of October as promised.

I have copied in Mr. Amar Dave, Chief Executive of Rochford District Council because I believe that a resident of Thorpe Road has met with him recently.

Sincerely
Councillor John Mason
Hawkwell West Ward
Rochford District Council

Reply from David Wilson Homes

Dear Mr Mason

I am in receipt of your mail to David Eardley regarding concerns about the mud to Thorpe Road, caused by construction movements and he has asked me to respond as he is away from the office.

Recently we have experienced extremely heavy rainfall and this has made our processes to keep Thorpe Road mud free more challenging. We are making every effort to improve the situation and will continue to do so on a daily basis. We have had a number of discussions with residents locally and we continue to address their concerns.

We are moving the wheel wash over to the bottom half of the development next week and will be using the Clements Hall access exclusively for Construction traffic from Monday the 25th November, which is later than we had originally targeted and we apologise for the inconvenience this delay may have caused, but we can assure you that we are giving the matter our utmost attention.

Best regards

Peter Creighton
Construction Director
David Wilson Homes

Thorpe Road Closure with less than 24 hrs Notice

This was permitted by Essex County Council with less than 24 hours Notice against promises that footpath access would never be closed for more than a few days at a time.

Closure of the footpath along the unmade end of Thorpe Road, Hawkwell.

“I am writing on behalf of Barratt Developments to let you know that due to safety reasons, Thorpe Road will be closed to pedestrians as from 10:00am tomorrow (23/10) until further notice.

It is already of our concern that there is currently no segregation between members of the public walking through our construction site and the construction plant, as well as delivery vehicles at the site entrance. We have decided that with this concern, and whilst the current stage of deep drainage, services and road construction is carried out, the safest way forward is to close Thorpe Road at our site entrance down to plot 57. This is in line with our current stopping up order for Thorpe Road which expires at the end of February, however we will of course re-open the road for pedestrians when we feel it is safe to do so.”

We have written to Joanna Killian, Chief Executive of Essex County Council.

“I have been trying to get an understanding of how ECC will be dealing with the fact that the Road Closure will cease on 1 November 2013 from Sarah Alcock. We have had no reply. This is unacceptable.  I shall be obliged if you would arrange for an Officer to call on the affected neighbours and explain why ECC has reneged.”

Residents have also written to County Councillor Terry Cutmore.

“As you will be aware by now, David Wilson Homes (DWH) have given local residents just 24 hours notice of the closure of the footpath along the unmade end of Thorpe Road, Hawkwell. Although I recognise that the path runs through the building site, I am astonished by the lack of consideration for local residents, this is a right of way and without it residents will have to make a half mile detour in either direction. My concern is mainly for the elderly and school children that use this cut through every day. When we asked ECC to pedestrianise the unmade end of the road to prevent it becoming a rat run (which it will), we were firmly told that right of way cannot be rescinded, so how come DWH can do it? I would ask why this was not considered within the plans when the Hawkwell Action Group and our two local Councillors were in consultation with the developers on behalf of local residents? “

“Make no mistake, closure of this path is devastating to local people, it is used constantly and closing it will affect many people’s lives. I have copied in both of our local Councillors for their information and also my three neighbours at this end of Thorpe Road who are all affected by the closure.”

“I hope you can step in and help us.”

 

 

Clements Gate – David Wilson Homes & Barratts – Update 17 and Other Local Issues

Clements Gate Development

A brief summary of where we are now with this development and other local issues.

 

 

Signs and Advertising

No more progress or information on the simple request for a ‘residents only parking sign’.  However David Wilson Homes have applied for permission for some of the signage at the Thorpe Road Marketing suite and although our last information on a site visit was that the application did not reflect what was on the ground the RDC Planning Officer was attempting to resolve this so that the retrospective application can be heard by the Development Committee on the 24^th October.   As far as we are aware there has been no application for the flagpoles and advertisements at Clements Hall Way although I believe this has been ‘requested’ by Officers.

The abundance of signs appearing on the Rectory Road site entrance gate are growing but as we have not received any complaints we have not raised this with Officers.

The many signs at the unmade end of Thorpe Road seem to have eventually registered on delivery drivers and we have had only one recent report of a vehicle trying to access the site that way.

Rodents

This situation seems to have been satisfactorily resolved and we have had no more reports of infestations.  Now that the site clearance has been completed this problem should hopefully not reoccur.  Seven householders who jointly employed a consultant had to contribute £10 per household over and above the ex-gratia payment from Rochford District Council.  David Wilson Homes were approached to pay this amount but declined.  Other residents have dealt with this problem in different ways with different degrees of success in obtaining financial assistance from the Developer.

Road Names

We have still have not heard who the winners of the David Wilson Homes and Barratts Competition are although the street names were announced in July, and the site is well under way, however we are pleased that our suggestion of Aaron Lewis Close was included in recognition of his service and the sacrifice of his life for our Country.

Road Closure

Our original understanding of this closure was that it would be for a six month period in an 18 month window and this was originally confirmed by ECC.

‘The closure is required for the safety of the public and workforce while construction works of the new roads and sewers are undertaken.

The alternative route will be via Thorpe Road – Main Road – Rectory Road and vice versa. 

Access for pedestrians will be maintained at all times during the closure, pedestrians will need to follow the diversion as signed on site. 

The Order will come into effect on 1 April 2013 and may continue in force for 18 months or until the works have been completed, whichever is the earlier.’

This road should be almost ready to open now as the reason given for closure was to facilitate the installation of drainage and make up the road.  To our knowledge this work does not appear to have been started and the closure appears to be mainly facilitating construction traffic moving from one part of the site to another.  Thankfully the footpath has remained open for pedestrians and we have only had one report of a pedestrian (school child returning home) being denied passage but this was granted when another pedestrian pointed out that access was permitted.  I suspect this was a one off error as it is the only report we have received of any difficulty.

I chased this situation with ECC and the response on the 18^th September was as follows.

‘I also asked for clarification regarding the road closure and can confirm that it was indeed originally for 6 months.  However this has just been extended  because of the following 2 main points

•         To enable heavy plant to cross between sites safely for public safety

•         Shortly, drainage will be installed which will involve very deep excavations and therefore it is not safe for the general public. This has been subject to a delay as changes needed to be made in regard to the drainage system being installed.

 Once the drainage is in place I have been advised this road closure will be removed and the Development Management Team will chase this up with the site once the drainage system is in place.’

Wheel Cleaning/Mud on Roads

On the 25^th September John and I were visiting a resident in Thorpe Road and the state of mud on the road caused us such concern that I made the following report to ECC.

John and I have been visiting various residents in Thorpe road this afternoon and were disturbed to notice a JKS lorry remove its net by number 8 Thorpe Road whilst travelling at speed towards the site at around 3.45.  This resulted in a cloud of dust and various small (I hope) bits of hardcore flying of the back of the wagon onto the surrounding road/pavement and possibly adjacent parked vehicles.

Concerned I immediately walked down to the site and to speak to the ‘gate’ attendant.  Whilst walking another JKS lorry passed me and removed its net before entering the site although on the small stretch of road between the marketing suite and No 37 Thorpe Road.  This vehicle was at least travelling slower than its predecessor. 

I understand that DWH have spoken to their contractor about this and it should not reoccur.

At the same time I raised this problem:  Whilst visiting residents the most common concern was the state of the footway and road as a result of the heavy traffic.  Indeed we have witnessed lorries mounting the pavement on almost every occasion we have visited the site.  Residents do not want to wait for months or years to have this repaired and wish for the surfaces to be repaired before the icy weather.  The other common concern was that this was not done at a cost to the public purse as they feel strongly (or at least the ones we spoke to) that this damage was caused by DWH and they should be responsible for the repairs.

We have been advised that photographs were taken prior to construction and that the surfaces should be reinstated however we have asked that this is done sooner rather than later due to the obvious dangers to residents.  On the 8^th Oct ECC advised they were undertaking a site visit…………………we are waiting to hear the outcome.

Construction Access

We have been advised that DWH will be moving the construction access to Clements Hall Way at the end of October which should alleviate some of the distress that has occurred.  If this has not stopped by the 10^th November please advise us.

We are however concerned that the wheel washing facility is at the Thorpe Road end and although our Officer advised that there should be another one at Clements Hall Way end of the site we have never had confirmation that this is so.  Also we asked for an updated ecological report before the construction traffic was permitted to cross the Public Open Space as this disturbance to wildlife was not originally envisaged or assessed.  Whilst the Officer advised that he agreed with us we have not yet heard if that has been done.  As ever we are reliant on the efficiency of our Planners.

Site Road Construction

John has checked the Conditions that were made prior to construction starting and apparently the site roads should be made up to base level before house building in each Phase commences.  We do not think that this has been done. This has been checked by a Planning Officer at our request because we felt that this might partially explain the problem with mud on the road.  No Action will be taken!!

“Condition 17 of the consent does require the estate roads to be constructed up to base level prior to the commencement of any dwelling to gain access from that road.

 The purpose is so that any dwelling when occupied has a sensible means of access. The final wearing courses must be provided within 12 months of occupation.

 At our recent site visit a small number of houses had been constructed with the roof on. It was not clear to me as to whether the road construction was up to the requirements of the condition but it did not have visible inspection chambers and kerbing. That being said, the site manager anticipates selling the first few houses around Christmas. It may be that the road construction is not yet to road base level but as there are no houses to be soon occupied, it would not be expedient to take enforcement action at this early stage. The condition is worded the way it is so that there would be an opportunity and a measureable point in time. Clearly, it is in the applicants interests to make access provision in time for the first occupiers. With the extent of heavy plant on the site and the outstanding work still required on those first houses. It would not be expedient to pursue action at this early stage.”

 Site Visit

John and I had asked to visit the David Wilson Homes/Barratts site so that small issues could be raised, clarified and hopefully resolved either by fuller communication, better understanding or action.

However that appointment has been cancelled and no alternative offered.  Ever felt unwelcome!

Flooding

We are in the process of arranging a ‘volunteers’ group to help residents prevent future problems.  More information when the details are firmed up.

Application for 177 Main Road

Whilst this planning application was refused the nearby residents have taken the view that a new application would probably be made and wanted to discuss this with the developer so that their point of view could be incorporated, if possible, in any new application.  Resident’s wished for John and I to be present with them to assist an even and constructive discussion.  Unfortunately our Planning Department has not allowed an Officer to accompany us as the Standards and Planning Protocol that MUST be complied with by Councillors would indicate that we cannot get involved without an Officer present.  Both the residents and ourselves have contacted Mark Francois MP as we believe that the NPPF (Government Policy on Planning) encourages this dialogue but so far there appears to be an impasse with conflicting decisions between the Council’s Legal Officers (No) and Planning (Yes).  We have asked our Officers to determine this but are still waiting for a decision.  It seems a shame that such a simple, constructive approach is not officially supported in the dos’ and don’ts documentation.

Tree Preservation Orders

Whilst these Orders are put in place to protect trees and indeed some new ones have recently been put in place in our ward, we remain concerned that if a tree with a TPO is illegally felled that it should be, wherever possible ,with a similar sized and species tree.  If not the legal consequences should follow.  Are we out of touch here?

Contact

Please note our preferred contact details are our personal e mail addresses: Christine.mason@rochfordessex.net and john.mason@bigfoot.com

New Hawkwell Homes “Out of our Reach” is quite true

The Echo published an Article today headed “Hawkwell homes “out of our reach”.

You can read it here.

 We have approximately 600 registrations on the Council’s Housing Register in a hierarchy of bands that are eligible for housing in our District.

 We hoped that the 35% Affordable Homes, presumably sold at rock bottom prices to Registered Social Landlords (RSL), would enable some of those residents that are on the Rochford District Council Housing Register to be housed at last.

 Councillor Keith Hudson, in charge of planning at Rochford, said to the Echo that he expected first time buyers would look to buy at the site, but would encourage people to use the shared ownership options available as a way of getting on the housing ladder. He added: “It’s an excellent way to get on the ladder. You share the burden with the housing association.“You can have a shared equity situation where you can buy a percentage of the property, and then pay a smaller amount of rent.”

 HERE IS THE WHOLE STORY.

 What Councillor Hudson did not say was how few of the Affordable Houses were available to be sold with “shared ownership”.

 It is only 20%. …………………….  Only 20% of the 35% Affordable Housing 

 Putting this into perspective this means for Hawkwell 20% of 62 Affordable Houses making just 12 available for Shared Ownership.

 Of the 35% Affordable Housing the rest, 50, are for rent only.

 According to Council Officers the Shared Ownership will be 50:50.  So, on a property of £300,000 a first time buyer of an Affordable Home would have to raise a Mortgage of £120,000 (80% of £150,000) and provide a cash deposit of £30,000 as the Government Help to Buy Scheme for 5% will not apply, plus continue to pay rent on the other 50%.

 “Out of our reach” is quite true.

 Buying a new home direct from a developer under the Government “Help to Buy Scheme” you look at, even with the 5% cash and the remaining deposit of 15% Guaranteed by Mr. Cameron announced today, you still need an 80% Mortgage.  Even with a property costing £300,000 you still need a Mortgage of £240,000.  Plus £45,000 provided by the Government on the 15% Deposit making a 95% Loan of £285,000. Can young adults with or without  University Debts of £ 20,000 – £40,000 EACH afford a Loan of £285,000 on top?

 How can these new houses be for our kids?

 “Out of our reach” is quite true.

Strategic Planning at Castle Point in a Spin

Councillors are saying “We do not want Castle Point to be turned into a concrete jungle, but don’t know how to stop it !!”

“The Government wants to see more development in South Essex and has got us over a barrel.”

What do outsiders think?

It seems surprising that Castle Point Councillors have chosen to question the Conservative led Government especially when the Council has a Conservative Administration.

One wonders what they expect to achieve because most District Councils are managing to avoid a clash with Government by putting house building plans in place to avoid planning powers being effectively taken away from the Council.

But as Castle Point Council is so against the new house building targets as a resident you would have to agree that the Council is doing the right thing.

If Castle Point truly do not know what the heck to do then perhaps the Leader of The Council should be making an urgent appointment in Westminster to tell David Cameron and Eric Pickles that Conservative Government Policy is not for Castle Point.

It is all a bit of a mystery why all the Conservative run Councils in South Essex have not got together and challenged Pickles and Osborne because they all must know that saying to residents that they had no choice but to follow Conservative Government Policy will not rub on the doorstep.

Perhaps with Campaigning for the 2015 General Election already underway there might be change in Government Policy to let Castle Point off the hook?

As regards the Rochford Core Strategy speaking to residents of Hawkwell recently identified to us some significant flaws in what is happening.  They want to know that if their children, as young adults, wished to stay in the area then they could find housing to rent or buy.  They do not understand the term Affordable Housing.  Residents think that this means that there will be one and two bedroom houses to buy at prices they can afford.  Not so. Affordable Houses means that these houses are made available for rent from a Registered Social Landlord.  Unfortunately, there are more than enough people on the Housing Register to take these up already.

Whatever Government “Help to Buy Scheme” you look at, even with the 5% cash and the remaining deposit of 15% Guaranteed by Mr. Cameron announced today, you still need an 80% Mortgage.  Even with a property costing £300,000 you still need a Mortgage of £240,000.  Plus £45,000 provided by the Government on the 15% Deposit making a 95% Loan of £285,000. Can young adults with University Loans of 20,000 – £40,000 EACH afford a Loan of £285,000 on top? 

How can these new houses be for our kids?

If the houses for sale are too big and too expensive then young adults will have to leave the area which is what the Rochford District Census 2011 suggests has happened and will no doubt continue. Perhaps this explains why the Rochford District Census 2011 also shows that there has been no increase in 0-18 year olds over 10 years.

As regards our aging population Council Officers told us at a Hearing that if older people wished to downsize then they could also apply to rent Affordable Homes from Registered Social Landlords.  But why would they want to rent 3 bedroom homes even if the Registered Social Landlords could ignore the waiting list on the Housing Register?

There is something fundamentally wrong here if residents think that the young (children) and old (parents) are not properly catered for in Council Housing Strategies for the local communities that they serve.

The housing in Rochford District has increased at average of 183 per year (2001 – 2011 by Council figures) and apart from the housing stock for rent by Registered Social Landlords this has met the needs of all age groups.

Perhaps Castle Point has more to concern itself with before it decides whether to buck Government Policy or not.

And Rochford District needs to consider these facts and trends in its Revision of the Core Strategy which starts again in January 2014.

If you want to read the Echo Article (27 September 2013) entitled “Council fears for a concrete jungle future” then it is below;

CONCERNS have been raised that the future development of thousands of homes in Castle Point could be left in the hands of the Government.

Castle Point Council is in the process of creating a new Local Plan which will act as a blue-print for where new homes could be built in the borough over the next 15 years.

It is the authority’s third attempt at putting together the housing strategy, as the original proposals were rejected by a Government inspector in 2010 and again in September 2011, following opposition from residents and backbench councillors.

Now, councillors are claiming the new draft document, which is yet to be completed, might not get voted through as it bears too much resemblance to previous plans.

If the new plan is rejected at full council, councillors fear the Government’s Planning Inspectorate would intervene and take the decision-making powers away from the local authority.

Alf Partridge, Conservative councillor for St Mary’s ward, said: “When I last saw the latest scheme I was not happy with it because it would still mean seeing the demise of green belt. I cannot see any difference between this plan and the last one.

“Council officers are making a valiant effort to try to rescue us from a ridiculous situation and find new ideas of where to put these homes, but what the heck can we do?

“The Government wants to see more development in south Essex and has got us over a barrel. It was talking about 200 homes a year and now its 250 homes. I am not happy to commit to such high numbers of new houses.

“But if we do not come up with a practical plan to allow a certain number of homes to be and members at the moment as we try to agree something. There is a good chance of the Government coming in and taking over. ”

Dave Blackwell, leader of the Canvey Independent Party, said: “The council has found itself in a difficult position. If everyone doesn’t agree this time round, the Government could come in and decide things for us.

“I don’t think the Tories will vote it through because they are looking at a lot of development on the mainland which could lose them voters. But they have to make tough decisions.”

However, Tory councillor Bill Sharp said a new committee of six councillors has been put together to scrutinise all the potential development sites in the next few weeks.

He also said new sites have come to light, such as the Blinking Owl site off the A127, which could help relieve the pressure on the major green belt sites.

Mr Sharp said: “The Blinking Owl site has been left out in the past, but already has around six or seven entrances from the A127 and could be a suitable site. While I am concerned, I am not as concerned as I was a few weeks ago.

“I am confident we can come to a decision that will not see us lost our virgin green belt sites.”

 

 

Clements Gate – David Wilson Homes & Barratts – Update 16 and Other Local Issues

Clements Gate Development

A brief summary of where we are now with this development and other local issues; Flooding, Noise & Pollution, Highways and Parking

Signs and Advertising

Residents in the unmade section of Thorpe Road have still not achieved success in the simple request for a ‘residents only parking sign’ yet David Wilson Homes appear to be able to erect as many signs as they want without Highways permission from Essex County Council or compliance with advertising regulations.  David Wilson Homes and Barratts have now applied again for retrospective planning for the signs around the Show Homes and the greater number of flagpoles than normally allowed around the whole site.  On the day the original application was to be heard, (Officers had recommended Refusal) the application was withdrawn. The new retrospective planning application should be heard in October and we hope to visit residents for your views once we have reviewed the position with Officers.

No 352 Rectory Road has been sold which resolved the issue of the enormous ‘For Sale’ board, which should have had permission and did not.

Rodents

David Wilson Homes and Barratts help did not materialise in an effective way so in extremis we approached Rochford District Council who have agreed to provide £50 towards the cost per affected household.  The residents are now requesting David Wilson Homes and Barratts to cover the additional £10 per household and await their response.  There is much appreciation for the assistance that RDC provided residents in this difficult situation.

Official Opening

The Show Homes are open and maybe the resulting traffic has created a problem so please advise us if you have experienced any problems. The Official Launch of Clements Gate is on the 23^rd September at 11.00 am in the Sales and Marketing Suite (by invitation of course!).

Road Names

We still have not heard who the winners of the David Wilson Homes and Barratts Competition are although the street names were announced in July.

Noise and Air Pollution Concerns – Clements Gate and Clements Gardens

Prior to planning approval we raised concerns regarding potential high and invasive noise and hours of working with the Head of Planning.

Although hours and days of working are in the formal documentation we now gather that decisions on enforcement could be made by RDC Officers on a subjective basis leaning towards leniency.

The Head of Planning did inform us that any issues could be more effectively controlled by Environmental Health Statutes which provide adequate powers to deal with environmental issues.

However when issues of noise from the construction were raised it transpired that these powers do not provide the expected protection. The noise from construction is not covered.

Issues of ‘dust’ from building materials blowing onto adjacent properties and across Rectory Road from the compounding on the Vega Nurseries Site (Christmas Tree Farm), was another environmental concern, but it was, however, investigated and dealt with by RDC.  We were given to understand that the material should have been dampened to prevent this issue.

We had understood at the pre-planning stage that the storage compound would be to the right hand side of the new Clements Hall Way access and not on the Christmas Tree Farm accessed direct from Rectory Road. Indeed there is, apparently, provision for the Christmas Tree Farm to still sell trees this year. Because Officers had apparently not noticed, and certainly did not point out to Members, the possibility of the use of this entrance by the Developer, it was not covered in any agreements.  Unfortunately the Christmas Tree Farm access from Rectory Road is now yet another construction access despite intentions to the contrary.  Apparently our Officers are powerless to prevent this despite the amount of time and money spent on this application.

On the issue of pollution we were notified of an issue at Clements Gardens (not David Wilson Homes and Barratts) this Saturday, 14th September.  After visiting the site we realised that apart from the clearing of vegetation and trees it appeared that tyres were being burnt on the site.  An environmental “No No!”  Although we and residents contacted the Council’s Out of Hours Service, the Police and, we believe, the Fire Service was called, little happened.

An RDC Officer attended and asked the people responsible to stop but was apparently ignored.

What is the point of rules, regulations (laws?) if they cannot be enforced and do not protect the public?  We live some way from the burning but could smell it outside our house and inside where windows were open.  We wait with interest to see what action, if any RDC will take.

Wheel Cleaning/Mud on Roads

We have not had any recent complaints regarding this activity but with autumn approaching the difficulties originally experienced at the beginning of the year may resurface (no pun intended).  Mud on the road is potentially dangerous so if you do see any please photograph it and telephone Rochford District Council on 546366 or contact us straight away.  Prevention is always better than an accident!

Planning/Highways/parking

Recently we have been busy looking at two local planning applications that have caused distress and concern.  One at 177 Main Road was Refused but we are puzzled that although the County Council Highway Authority is the statutory expert on accident blackspots and what it says carries full weight in planning decisions the information they gave was different to that given by the Police and residents.

It would appear that only accidents which cause certain injuries are recorded by Essex County Council Highways.  Surely the number of collisions is more appropriate?  It is for schools. If you think this is wrong please ask your County Councillor to investigate.

Parking on pavements is seen more and more these days.  We can understand the temptation to ‘remove’ your vehicle from the highway and potential danger but parking on the verges causes other, sometimes hidden, problems.  Apart from the unsightly aspect of killed grass, mud can be slippery for pedestrians.  Pedestrians with mobility issues or pushchairs and prams can be caused difficulty, damage is often caused to underground services and the sight splay for drivers coming out of nearby driveways may be compromised.  So please think twice before parking inconsiderately.

Flooding

Our hearts go out to all those residents affected by the recent storms.  Please consider checking all your storm drains and nearby water courses for blockages to try and prevent future trauma.  We will be writing more on this at a later date.

Contact

We have been told that RDC is, as required by the Government, adopting the utmost security of emails sent to Members by The Council.  The small Ipads that the Conservatives have decided will be supplied to Councillors, for Council email use only, are not satisfactory in operation for either of us due to certain personal issues. Unfortunately rather than accepting our word The Council is now insisting that we will be required to obtain a medical report at our cost before alternative arrangements can be made. We have refused because we see no reason to have to pay personally for medical reports or to waste the time of our GP.  Our personal email addresses are Christine.mason@rochfordessex.net and john.mason@bigfoot.com

Advertising Flags, Posters, Hoardings at the Barratts/David Wilson Homes Sales Office, Thorpe Road

By John Mason

A resident and I were talking in the street yesterday morning and during the conversation they expressed their shock and surprise at the amount of advertising material that had been allowed at Clements Gate.

I explained that this did not actually have permission because the planning application had been withdrawn by the applicant on the day that the planning application was to be determined at Development Committee the previous day, Thursday 25th July.

Earlier in the day, prior to the Development Committee Meeting that evening, Members were advised that revised plans had been received that day, reducing the amount of advertising material and reducing the size of the site hoardings and that Officers would be presenting those changes for Members to consider at the Development Committee that evening.

The original planning application had actually had been recommended for refusal as follows;

8 RECOMMENDATION

8.1 It is proposed that the Committee RESOLVES to REFUSE the application for the following reasons:-

1. The proposed signage would be extensive throughout that part of the site of four plots given over to the selling of the approved housing. The use of two hoardings, eleven free standing signs, five flags and graphics to fencing would be excessive resulting in a proliferation of advertising material on the site contrary to Policy SAT11 to the saved Rochford District Council Replacement Local Plan (2006). If allowed, the extent of advertising material proposed would detract from the character and appearance of the street to the detriment of the visual amenity nearby residents ought reasonably expect to enjoy.

As Ward Councillor’s Christine and I were concerned that adequate time was not being allowed to consider any changed proposals and their impact. We were also concerned that Statutory Consultees did not have the opportunity to see or comment on the revised plans and made appropriate representation to our Officers to consider these points.

At the Development committee meeting Members were advised that the Application had been withdrawn.

We understand that there will be a new Application !!

Clements Gate Street Names – David Wilson Homes & Barratts – Update 15

We are pleased to advise you that as Ward Members we have been involved in a process of sifting and approving Street Names for the Christmas Tree Farm Development.

The Developer has been informed on the decisions made.

We put forward  Aaron Lewis Close to mark the life and sacrifice of Lieutenant Aaron Lewis, from Rectory Avenue in Hawkwell Parish who died while serving with the 29 Commando Regiment of the Royal Artillery, in the Gereshk area of Helmand Province, in December 2008.

His family approved the suggestion made by Ward Members, Christine and John Mason.

Street Description	Plot numbers	Street Name
Right Hand cul-de-sac off Main Loop Road	160, 161, 170, 172, 173	Fir Tree Drive
Main Loop Road	106, 111 to 113, 116 to 159, 162 to 165, 168,  169	Christmas Tree Crescent
Left Hand cul-de-sac off Main Loop Road	103 to 105, 107 to 110	Spruce Drive
Clements Hall Way (existing)	166, 167, 171, 174, 175	Clements Hall Way
Right Side off Thorpe Road cul-de-sac	62, 73 to 77, 82 to 102	Beehive Lane
Thorpe Road (existing)	43 to 46, 55 to 61, 78 to 81	Thorpe Road
Cul-de-sac off Right Side Thorpe Road cul-de-sac	63 to 72	Primrose Place
Left Side off Thorpe Road Top cul-de-sac	1 to 12	Aaron Lewis Close
Left Side off Thorpe Road Bottom cul-de-sac	13, 14, 36, 37 to 42, 47 to 54	Nursery Drive
Cul-de-sac off Bottom cul-de-sac	15 to 35	Badgers Walk

 

 

 

 

 

Planning Positives or Planning Negatives?

Despite our recent experiences with Planning Conditions on the David Wilson Homes/Barratts planning permission not all the results of our negotiations are negative.

With the David Wilson Homes/Barratts development there was even the potential of Community benefits through a Public Open Space if Rochford District Council, Hawkwell Parish Council, and The Hawkwell Residents Association had the same vision as ourselves, HAG and CTFDAG. A Private Open Space isolated from the Spencers Park Open Space, which is owned by Hawkwell Parish Council, is not a Community benefit. We negotiated for the provision of a bridge to join the two spaces, to be paid for by the developer but as permission by Hawkwell Parish Council was refused this cannot go ahead. So there are no benefits there which seems hardly reasonable given the loss of greenbelt.

But there are the benefits required by a Planning Inspector and embodied in the Section 106 Legal Agreement. In this case the retention of the ‘Paddocks’ as a green buffer zone.

Okay part of the Paddocks, The Christmas Tree Farm, is being used as a builders yard/ compound, contrary in our opinion to the Legal Agreement, but we have asked our Head of Planning to see if something can be done bearing in mind the estimated 5 year build/sales time and the adverse effect on the scene from the road which was not expected by the Planning Inspector. No response as yet from Shaun Scrutton.

It is argued that there is tangible benefit to the Community by provision of 60 new homes as affordable housing stock. We will let you decide if that is a positive or a negative.

The New Homes Bonus (£200,0000 from the Government to compensate the Community), which we had hoped would be used primarily for the benefit of those adversely affected residents could have been another plus but no benefit for Hawkwell. Unfortunately this money is expected to go into the general Rochford District Council “pot” to enable the Council Tax for the whole District to be kept lower. Again we will let you decide if that is a positive or a negative.

It was a regrettable decision, in our opinion, of Rochford District Council (we voted against) to allow two David Wilson Homes/Barratts commercial sales and marketing offices in a residential area but it should bring in additional business rates as Non-Domestic Rates, or business rates, are collected by local authorities. This is how businesses using non-domestic property contribute.

Under the business rates retention arrangements introduced from 1 April 2013, local authorities keep a proportion of the business rates paid locally. We have alerted our Head of Finance at Rochford District Council and she is going to take the necessary action to bring these Offices into the business rating list. This would not have been captured as a positive if your Ward Members had not raised this opportunity with the Council.

On a smaller but equally important scale when as Ward Councillors when we are made aware of potential problems with Planning Applications we can ask for Conditions to be put in place that protect the affected parties as far as possible.

Conditions are only of use in this way if they are known about and communicated so we do try and ensure that those potentially involved know about the restrictions.

On one property recently, with an issue of overlooking where windows not shown on the original plan had been incorporated, a simple condition requiring the retention of the dividing fence to prevent potential future overlooking resolved the issue and ensuring the affected neighbour was aware of the Condition will hopefully prevent any future disputes.

On a similar small but important build the neighbour concerns about bulk and potential ungainly effects of a fence on what had been an attractive green vista was overcome by the simple addition of a condition requiring a small fence wall with evergreen planting to soften the impact.

Neither of these interventions would have occurred without action  by your Ward Councillors.

Our main concern is that the Planning Officers do ensure that the Planning Conditions are kept and whilst we are busy looking at the DWH/Barratts site more than others at the moment we do keep our eye on the small developments as well.

An Outsiders View of the Rochford Core Strategy Suspension

Planning guru, Andrew Lainton, takes an interest in the Rochord Core strategy.

He writes in response to the Article that John Mason wrote in whiche he wondered if certain legal issues, namely a High Court case called CALA II could impact on the Council’s request for Suspension.

Interestingly John spoke of his concern in the Council Chamber even then about the further potential delays which might be caused by the Government having to conduct Regional Strategic Environmental Assessments (SEA) to finally abolish the Labour Housing targets (RSS).

Andrew talks about the third option that John also put forward which was withdraw and re-submit when the legal uncertainty was over.

Finally Andrew has advice for Local MP, Mark Francois, who is a senior government whip who wrote a letter of support to the Planning Inspector on behalf of the Council.

Over to you Andrew Lainton.
 
“It is not that simple, in CALA II one of the key issues was to do with the law on whether or not administrative degree could overcome the will of parliament.  After Royal Assent the will of parliament will be clearer.

But none the less as the junior minister Bob Neill has consented to there will be no revokation until the SEA process has been completed, consulted on and responded to.

Until then the RSS remains the development plan and the legal requirement for general conformity remains.

A material consideration can never trump a legal requirement, this is not a matter for weighing and balancing.

Suspension now of the examination could be challengable as it would be prejudging the outcome of the SEA consultation, indeed imprudent remarks from Ministers have made a challenge on grounds of the Seaport case (a NI SEA case in the European Courts) inevitable, which will take at least two years to conclude.

What is more statements by government payroll members (such as the local MP who is a whip) that after the royal assent the RSS should be disregarded (see letter) could be regarded as prejudicial to the SEA process, the MP needs to keep a judicial silence as his action is likely to be quoted in court as evidence of government prejudice – he could have led to the RSS being given life until conclusion of judicial process.

If the Inspector suspended the EIP (Examination in Public) it would be prejudging, the outcome of an SEA process and consultation that hasn’t even begun.  She should carry on and determine the plan of the basis of what is and not what might be in six months or two years – indeed they have a legal duty to. 

The situation of EiP examinations lasting over a year – when they used to last only a few days or weeks prior to May 2010 – has become a joke which discredits the whole process.

If Rochford was not happy with this they could always withdraw and resubmit later.

Of course on re-submission if they propose building much less than SHMA assessed need and without ‘duty to cooperate arrangements to cope with the housing they would displace beyond the green belt they would not just have a potentially unsound plan they would (after royal assent) have a potentially unlawful one.”

http://andrewlainton.wordpress.com/2011/08/01/rochford-asks-for-core-strategy-examination-to-be-suspended-in-light-of-nppf-and-cala/

Rochford District Council – Suspension of Core Strategy

Councillor John Mason’ s Speech in Full Council on 21 July 2011 opposing Suspension

Open Letter 1 following Full Council Decision to request Suspension

Open Letter 2 following Full Council Decision to request Suspension

The Portfolio Holder for Planning and Transportation, Councillor Keith Hudson, very kindly sent all Members of the Council two letters on Friday, 29 July.

1. The Council’s Letter requesting Suspension
2. A Letter from Mark Francois MP supporting the request

http://dl.dropbox.com/u/1063718/Letter_to_Inspector_re_suspension.doc

http://dl.dropbox.com/u/1063718/Letter_to_Laura_Graham_-_from_Mark_Francois_MP_29.07.11.pdf

http://dl.dropbox.com/u/1063718/minutes%20rdc%2021072011.pdf

The full story is in the Council’s Letter and the Minutes above.

The Council has quoted three precedents in its letter to Government Planning Inspector Ms. Laura Graham.

From the above Minutes “The situation the Council was in was not unique, the approach being suggested reflecting that taken by Inspectors in some other parts of the country.”

Had these been quoted in the Report making Recommendation which was debated in Council on 21 July I should have liked to have spoken about these before the Council made its written request.

Yes, they were all suspensions but you need to look at the detail.

South Wiltshire Core Strategy suspended August 2010 !!

Cllr John Brady, Cabinet member for economic development, planning and housing, said: “I am delighted the inspector has recognised that we find ourselves in highly unusual circumstances with the abolition of the RSS taking place towards the end of the Examination of the South Wilts Core Strategy. His agreement to suspend his report to allow us time to reassess our situation is most welcome.”

Note in 2010 !! Different circumstances to RDC and before any of the Cala Court Cases.

Surrey Heath Core Strategy suspended (est. March 2011)

“The planning inspector considers that there is insufficient justification to support the Council’s departure from the South East Plan’s housing requirement for the Borough. Bearing in mind the substantial level of housing need identified in the SHMA, the inspector considers this to be a potentially serious failing. In response, Surrey Heath has requested a suspension of the examination to enable more work to be undertaken.”

Again different circumstances to RDC. And before Cala II.

Luton/South Beds Core Strategy Examination suspended ( est. July 2011)

http://andrewlainton.wordpress.com/2011/07/05/the-legal-problem-that-got-the-lutonsouth-beds-core-strategy-examination-suspended/

Reading the above link and according to Andrew Lainton “The final point is a killer. The Joint committee had proceeded on the basis that the abolition of the RSS was material. At the time Mr Village wrote his letter we didn’t know the outcome of the Court of Appeal in Cala II. Now we do know.”

“The lesson is clear any LPA which has submitted a DPD taking into account the proposed revocation will be contrary to CALA II.”

Note before Cala II.  This looks critical according to Andrew Lainton who is a planning consultant.

This is the critical Para 24 from Cala II;

“It would be unlawful for a local authority preparing, or a Planning Inspector examining, development plan documents to have regard to the proposal to abolish regional strategies”.

My thoughts below;

Essentially, if the Inspector agrees to the suspension, she could be viewed as being in direct contravention of the principle established in the Cala II Appeal [para 24] as she would, in effect, be encouraging the authority to have regard to the proposal to abolish the Regional Strategy.

Should prove very interesting !!

New Government Bonus for Local Councils to build New Houses

Pickles – Court Says That Revocation of Housing Targets was Illegal

Guardian, 10/11/10

The Government’s ambitious plans to let English councils decide where new housing is to be built were thrown into confusion last night after Eric Pickles, the communities secretary, lost a court battle over his decision to scrap the the previous administration’s regional targets.

Upon taking office in May Pickles wrote to local authorities to announce his intention to “rapidly abolish regional spatial strategies” and instructed councils to start devising their own housing targets. The result was that local authorities cancelled plans for 189,000 new homes.

Today courts ruled this was illegal with a judge accepting that primary legislation should have been introduced, giving MPs the opportunity to debate an issue crucial to future planning in England.

Shadow Communities Secretary, Caroline Flint said the court ruling “raises embarrassing questions about the way Eric Pickles ripped up plans for desperately needed new homes. The coalition’s housing policies are doing little to meet the aspirations of the hundreds of thousands of families who want to live in a decent home”.

Editor’s Comment

I hear that PINS has yet to issue guidance and that Planning Inspectors in the middle considering Public Examinations are not necessarily going to follow the letter issued by Steve Quartermain at the DCLG on behalf of the Government.

http://www.communities.gov.uk/documents/planningandbuilding/pdf/1765467.pdf

This is my analysis of the position in Rochford District vis a vis the decision of the Courts for Cala Homes and, presumably, Colonnade, who named RDC into their action. 

I would be really surprised if these two companies have spent many tens of thousands of pounds on such actions if they could be meekly turned aside by a letter from DCLG saying that a Bill will be published shortly. Think about it !!
 
Here is my view on the RDC position.
 
The amendment to the Core Strategy represents, we were previously told by RDC, was a real REDUCTION in the number of houses that were to be imposed under the RSS Housing Targets.
 
The authority for the change or rather REDUCTION by RDC was cited as the revocation of the RSS in the Statement sent to the Planning Inspector in July. 
 
So if the authority for the change is not lawful yet then so is the proposition for the changes which are now being consulted upon.
 
The publication of a Bill changes nothing, such changes can only lawful on Royal Assent and this will not be before the end of the Consultation (30 November 2010) or the beginning of the re-opening of the Public Examination which the Planning Inspector says will be in January 2011.
 
Technically it must be UNSOUND if considered by the Inspector before Royal Assent because conceivably in a democracy and the fragility of an untried Coalition the Bill may not be approved in the passage required through both the Commons and the Lords.

It will be interesting to read considered legal opinions as they are published.

First from the http://www.plan-it-law.com/ web blog run by planning lawyers Mills & Reeves

“The judgment is out in this case. Mr Justice Sales decided today that Cala won on all grounds of their challenge.  The result is that the revocation of RSSs by the Secretary of State on 6th July was unlawful.  It must follow that the decision is quashed, thus reviving RSSs.”

“In practical terms therefore, until the abolition expected in the Localism Bill takes effect, RSSs are back again and form part of the development plan, relevant to planning decisions, unless there is a successful appeal by the Government.”

“If you’re interested in the reasoning, it follows a well-trodden path that statutory powers cannot be used to frustrate the purpose of the legislation – in this case, to have nationwide RSSs.  Also as RSSs are “plans or programmes” under the Strategic Environmental Assessment Directive, any alterations must follow the procedures for SEA.”

“Quite simple really.”

David Brock

and from the same site later………

“So in effect the position is intended to be as it was before Mr Pickes letter of 6 July – although presumably the weight to be attached to that particular consideration should not be quite as great now that it is clear RS cannot be dispensed with across the board by the Secretary of State but must await the deliberations of Parliament.”

 

HAWKWELL PARISH PLAN GROUP

The Rochford Independent is publishing this article on behalf of THE HAWKWELL PARISH PLAN GROUP

We have made considerable progress and are pleased to announce funding by the “Big Lottery Fund” to carry out The Plan.

This means we will be asking Everyone in Hawkwell what their needs and wishes are; we have carried out two small surveys recently and the results have been enlightening but this leads up to The Big One!

We will be holding Residents Workshops in a place near you in September so that, following on from the feedback we get from YOU the residents, we will create and circulate every house in Hawkwell with a comprehensive questionnaire:  the answers we get to the questionnaire will be analysed and submitted to the Local Authorities for appropriate action.

The Residents Workshops will be on the following dates, starting at 7:30pm:-

 Hawkwell Baptist Church Hall, Rectory Road Tuesday 14th September

 Ashingdon and East Hawkwell Memorial Hall Wednesday 22nd September

 Belchamps Scout Centre, Holyoak Lane  Thursday 23rd September

Please attend the meeting at your nearest hall and phone 01702-201834 and please tell Eddie you’ll be coming!  Alternatively email Lionel. ( libarratt@yahoo.co.uk  It is vital that we get the views of all residents so we can put your needs and wishes to the local authority.

Regards
Eddie Short – Chairman (01702-201834 ) Lionel Barratt – Secretary ( libarratt@yahoo.co.uk )

By the way, we will be launching a website soon to give information and receive views from the people of Hawkwell so look out for the hawkwellplan.org.uk  website!

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