26_2_2010 Paul Foggo & Co Ltd to Planning Policy

26_2_2010 Paul Foggo & Co Ltd to Planning Policy
In order to set the background for our representations we should like to consider the Council's reasoning for abandoning the Wildlife Corridor in favour of non site-specific policy ENV8...
a) whether the abandonment of the site-specified Wildlife Corridor Designation was Officer-led or whether it emerged from a specific objection - if so by whom?
b) whether Devon Wildlife was consulted on the new policy and what were its comments?
c) whether, at any of the consultation stages, representations were made on Policy ENV8
d) did the report of the Planning Inspector adjudicating on the Local Plan make mention of any objections or otherwise comment on or amend the drafting of Policy ENV8?

23_1_2010 Paul Foggo & Co ltd to Development Control Manager

23_1_2010 Paul Foggo & Co Ltd to Development Control Manager
Your letter of 16th December on which we emailed our acknowledgement. There is much in your letter with which the Group takes issue but we do not think it worthwhile re-opening dialogue on matters that continue taking us into ever decresing circles.
You will be aware that the application on which the inaction debtae presently hangs has been with you for 13 months.
...why we are still awaiting amendments that could arguably have been produced within 14 days of your request.

16_12_2009 Development Control Manager to Paul Foggo & Co Ltd

16_12_2009 Development Control Manager to Paul Foggo & Co Ltd
I would first wish to correct the assertion that a decision not to pursue enforcement action has been made. The resolution of the October 2005 meeting still stands and should circumstances make it necessary or possible, enforcement action will be pursued. However, to do this the Authority firstly has to be satisfied that there is a clear breach of planning control...

23_11_2009 Paul Foggo & co Ltd to Planning Manager

23_11_2009 Paul Foggo & Co Ltd to Planning Manager
Re: Deterioration of Watermeadow - Scotts Moor, Bradiford - 47817
You will recall that on behalf of the Windsor Road Residents Group we wrote to you on 23rd October 2009 seeking inter-alia further information on the Officers decision not to pursue enforcement action.... we have at last received a reply from your Landscape Officer indicating that he has discussed matters with you and that it was decided that enforcement action (presumably under both Part II and the S106) would not be expedient... Being that delay is central to the investigation currently being undertaken by the Local Government Ombudsman, the WRRG has asked me to write to both yourself and the Ombudsman expressing its concern over this continued inaction and seeking clarification of certain points....

16_11_2-009 Landscape & Countryside Officer to Paul Foggo & Co Ltd

16_11_2009 Landscape & Countryside Officer to Paul Foggo & Co Ltd
re: 47817 - Scotts Moor, Bradiford
Further my acknowledgement letter of 30th October 2009 I have now discussed the matter with the Planning Manager and I am happy to advise you that the taking of further enforcement action has not been discarded as stated in your letter, but that it has been decided that formal action would not be expedient until such time as the application to vary the existing 106 agreement has been considered by the Council's Planning Committee.

9_11_2009 Planning Policy to Paul Foggo & Co Ltd

9_11_2009 Planning Policy to Paul Foggo & Co Ltd
Re: LDF Representation on behalf of Windsor Road Residents Group
I note your clients remaining concerns regarding the perceived lack of recognition on the importance of the Bradiford Valley for nature conservation in the context of Policies DVS6, ENV8, ENV10 and ENV12 and whether these policies will provide the necessary protection to the existing wildlife and biodiversity in the area.

23_10_2009 Paul Foggo & Co Ltd to Planning Manager

23_10_2009 Paul Foggo & Co Ltd to Planning Manager
Re: Deterioration of Watermeadow - Scotts Moor, Bradiford
The Windsor Road Residents Group has forwarded to me a copy of the Case Officer's letter of 9th October. Whilst I agree that representations concerning the outstanding application to modify the S106 agreement should be directed to the Case Officer, there are several related matters that demand action higher up the chain and it is for this reason that we have directed certain parts of our correspondence to you and to the Head of Planning.

20_10_2009 Paul Foggo & Co Ltd to Local Government Ombudsman

20_10_2009 Paul Foggo & Co Ltd to Local Government Ombudsman
Re: Complaint by Windsor Road Residents Group against North Devon District Council.
Thank you for your email of 16th October 2009 outlining the division between matters that fall to the jurisdiction of the Local Government and Parliamentary Ombudsmen. You point out that whilst your office can investigate complaints against the EA about flood defence and land drainage, a complaint arising from EA having taken inadequate action in respect of unauthorised tipping does not.
As you might imagine members of the WRRG were deeply concerned at this state of affairs since during the design stages of the flood defence scheme very careful measurements were taken of flood storage capacity in the areas adjoining the water course and there was no certainty that raising of levels would not have rendered the flood defence scheme ineffectual.

13_10_2009 Planning Policy, NDDC to Paul Foggo & Co Ltd

13_10_2009 Planning Policy, NDDC to Paul Foggo & Co Ltd
re: LDF Representaton on behalf of Windsor Road Residents Group
I write with reference to your letter dated the 25th August 2009. Firstly I must apologise for overlooking your previous letter dated 30th January 2009.

9_10_2009 Planning Manager to WRRG

9_10_2009 Planning Manager to WRRG
Re: Scotts Moor, Bradiford - REsponse to letter of complaint dated 31st August 2009.
Please accept my apologies that I have not provided you with a detailed response more quickly. I am sorry that you remain dissatisfied with the Council's position in relation to the concerns that you have expressed over the ongoing maintenance of the land that is subject to a Section 106 agreement and that some of your correspondence has not been formally acknowledged.

25_9_2009 ENVIRONMENT AGENCY TIPPING OF CONTROLLED WASTE Complaints & Commendations Co-ordinator to Paul Foggo & Co Ltd

25_9_2009 ENVIRONMENT AGENCY TIPPING OF CONTROLLED WASTE Complaints & Commendations Co-ordinator to Paul Foggo & Co Ltd

I am writing in response to your letter dated 12th September 2009.
With respect to the Residents Group's comments on the movement of material on the above site we have fully addressed that matter in our letter of 2 June 2009.

23_9_2009 Complaints Officer to WRRg

23_9_2009 Complaints Officer to WRRG
With reference to your complaint of 3 September,I am sorry to advise you this is still being investigated by the Planning Manager. I apologise for this delay and hope for them to have replied to you by 8 October

14_9_2009 WRRG to Planning Manager

14_9_2009 WRRG to Planning Manager
In the absence of any response or investigation were hereby give you notice of all the instances of mowing in the S106 Bio-diversity area since June 2009 - Annex A.

12_9_2009 ENVIRONMENT AGENCY - TIPPING OF CONTROLLED WASTE Paul Foggo & Co Ltd to Planning Liaison Officer, Environment Agency

12_9_2009 ENVIRONMENT AGENCY TIPPING OF CONTROLLED WASTE Paul Foggo & Co Ltd to Planning Liaison Officer, Environment Agency.
We refer to our letter of 18th April and to your reply of 2nd June 2009.
Whilst the Residents Group we represent are mindful that material was moved from one part of the owner's site to another, the waste transfer was from one planning unit to another and we do not believe this gave the owner entitlement to tip in an unlicensed manner.

10_9_2009 WRRG to Devon County Councillor for North Devon

10_9_2009 WRRG to Devon County Councillor for North Devon
Thank you for your letter of the 3rd September 2009 and I note the contents thereof.

8_9_2009 Complaints Officer to WRRG

8_9_2009 Complaints Officer to WRRG
Thank you for your complaint received 3rd September concerning your letters of 5, 15 & 25 June which "remain unacknowledged and unanswered".
The Council's Planning Manager will investigate your comments. In accordance with the Council's Complaint Procedure, which allows 15 working days for a response to be made; a response will be posted out to you by 24 September.

3_9_2009 Devon County Councillor to WRRG

3_9_2009 Devon County Councillor to WRRG
Just to let you know I had a conversation recently with the Case Officer about the Scotts Moor planning application 47817.

3_9_2009 Local Government Office to WRRG

3_9_2009 Local Government Office to WRRG
I acknowledge receipt of your letter dated 31st August 2009 and enclosure which arrived at this office today.

1_9_2009 Local Government Ombudsman to WRRG

1_9_2009 Local Government Ombudsman to WRRG
Thank you for your letter dated 28th August 2009 and for the attachements which were received in this office today

31_8_2009 WRRG to Planning Manager

31_8_2009 WRRG to Planning Manager
We remain concerned that our letters of the 5, 15th and 25th June remain unacknowleded and unanswered.
In addition our letter of complaint dated 13th July 2009 (with Plan) informed you that very large areas of the water meadow had been mown to short lawn grass.
We wrote again on the 20th August reporting that more mowing had taken place.

25_8_2009 Paul Foggo & Co Ltd to Head of Planning & Development Services

25_8_2009 Paul Foggo & Co Ltd to Head of Planning & Development Services
Re: Deterioration of Watermeadow - Scotts Moor, Bradiford
The Windsor Road Residents Group was horrified to learn that the former Wildlife Corridor at Scotts Moor was recently used to accommodate a private function which involved the erection of a marquee, the parking of motor vehicles and portaloos. It is true to say that members of the group were astounded later to find that the restrictions placed on the wildlife corridor in July 2001 were silent on the issue of temporary buildings and uses some of which (including this function) have potential to degrade, if not ruin, the effectiveness of the site as a wildlife link between the Taw and the designated Bradiford SSSI further upstream.
Despite this submission, the Council has not written to say that these matters are being investigated or indicated to us that any action was being contemplated at all.

25_8_2009 Paul Foggo & Co Ltd to Head of Planning & Development Services

25_8_2009 Paul Foggo & Co Ltd to Head of Planning & Development Services
re: Former Wildlife Corridor - Scotts Moor, Bradiford

As you may know, we wrote to the Planning Manager on 30th January 2009 (copy enclosed) concerning Policy ENV8 and the fact that the Policy is no longer site specific.
Our letter of 30th January has not elicited even a courtesy acknowledgement which has added fuel to the Group's belief that dialogue between the Officers and the membership has completely broken down and that local residents are effectively without a voice in the planning process

24_8_2009 Paul Foggo & Co Ltd to Local Government Ombudsman

24_8_2009 Paul Foggo & Co Ltd to Local Government Ombudsman
Re: Complaint by Windsor Road Residents Group against North Devon District Council.

At our meeting at the home of Maurice Brailey on 1st July you did, I recall your saying you wished to be kept abreast of ongoing developments and to this avail I am enclosing copies of two letters written to the Planning Authority. While they relate largely to matters raised after Mr Brailey's formal complaint to the Ombudsman, they may, by way of background information assist in finding a solution to the current impasse.

20_8_2009 WRRG to Planning Manager

20_8_2009 WRRG to Planning Manager
re: Regularity of the Mowing within the S106/Biodiversity Area

This is to inform you that on Friday 14th August 2009 the trackways, already notified to you, have once again been mown to short lawn grass (area 8). The cuttings once again being tipped in Area 5. You are aware that such mowing in the water meadow is contrary to the terms of the S106 Agreement.

17_8_2009 Enforcement Officer to WRRG

17_8_2009 Enforcement Officer to WRRG
Re; Town & Country Planning ACt 1990 (as amended)
Unauthorised change of use - erection of venue marquee and portaloos at Scotts Moor, Bradiford, Barnstaple.

I refer to your letter dated 13th August 2009.
Planning legislation (the Town & Country Planning (General Permitted Development Order 1995) permits the use of land not within the curtilage of a dwelling house for any purpose for not more than 28 days in total in any calendar year...
My enforcement file will now be closed and no further action taken.

13_8_2009 WRRG to Enforcement Officer

13_8_2009 WRRG to Enforcement Officer
We acknowledge receipt of your interim response to our complaint dated 27th July 2009
Would you please confirm that you will also include in your investigation that:-

5_8_2009 Enforcement Officer to WRRG

5_8_2009 Enforcement Officer to WRRG
Re: Town & Country Planning Act 1990 (as amended)
Unauthorised Change of Use - erection of venue marquee and portaloos at Scotts Moor, Bradiford, Barnstaple

I am now investigating this matter and will write to you again when my investigations have been completed.

27_7_2009 WRRG to Planning Manager

27_7_2009 WRRG to Planning Manager
Following your letter of the 17th July 2009 informing us that our complaint is receiving attention, we wish to make a further complaint about the activities of the Owner of Scotts Moor.
The festivities began at about 2.30p.m. and continued unabated until 1.30 a.m. (approx) on Sunday morning.
The unauthorised track along the northern boundary of Ares 1 & 3 was used to access this part of the site, having been under pinned by a minimum of 120 tonnes of hardcore and debris. Area 8 was used for the parking of guests' cars together with the eastern end of Area 8 being used by other camping vehicles and tents for overnight accommodation.

22_7_2009 Parliamentary Under Secretary of State to MP for North Devon

22_7_2009 Parliamentary Under Secretary of State to MP for North Devon
Thank you for your letter of 15th June to Baroness Andrews highlighting the concerns raised by your constituents of The Windsor Road Residents Group, Barnstaple.

22_7_2009 WRRG to Planning Manager

22_7_2009 WRRG to Planning Manager
Re: Scotts Moor, Bradiford, Barnstaple
We acknowledge receipt of your letter of the 17th July and note that our complaint is receiving attention.
We enclose a copy of our letter dated 20th July sent to the Landscape & Countryside Officer and await the formal report.
We are horrified and outraged, that today further misuse of the (S106) Water Meadow/Biodiversity Area has occurred with a very large marquee now having been erected on the mown oblong area referred to in our previous letter of the 13th July.
In addition a large mobile toilet facility has been placed in the area.

20_7_2009 WRRG to Landscape & Countryside Officer

20_7_2009 WRRG to Landscape & Countryside Officer
Thank you for your letter of 13th July 2009 in which we note that you are no longer the Case Officer for the modification application. Please explain the significance of your change of appointment.

17_7_2009 Planning Manager to WRRG

17_7_2009 Planning Manager to WRRG
Re: Scotts Moor, Bradiford
I acknowledge receipt of your letter of the 13th July, received on 16th July, in respect of the above matter, which is receiving attention.

13_7_2009 Landscape & Countryside Officer, to WRRG

13_7_2009 Landscape & Countryside Officer to WRRG
Thank you for your further letters of the 26th Jue 2009 in respect of the above and the regularity of the mowing being undertaken at the site.
Please accept my apologies that I have not provided you with a response more quickly.
Your comments in regard to the regularity of the mowing of pathways on the land are also noted. As is usual with planning enforcement, any action in respect of this work will be held in abbeyance until the application that seeks to regularise this element of the maintenance of the land is determined.

13_7_2009 WRRG to Planning Manager

13_7_2009 WRRG to Planning Manager
We remain concerned that you have failed to provide any acknowledgement or substantive replies to our complaint letters of 5th, 15th and 25th June 2009.
We also now formally lodge this complaint concerning the latest actions by the Owner of Scotts Moor, within the biodiversity area namely:-
1. Prior to the 1st July 2009 for fifteen consecutive days disturbance (mowing, hedge cutting and chain saws) was registered, culminating in a large oblong area of the water meadow being reduced to short lawn grass to the east of the large earth mound.