24_11_2008 COMPLAINT TO LOCAL GOVERNMENT OMBUDSMAN

24_11_2008 COMPLAINT TO LOCAL GOVERNMENT OMBUDSMAN
"What do you think the council did wrong or did not do"
FAILED TO TAKE ACTION ON A SERIES OF COMPLAITNS CONCERNING SCOTTS MOOR, BRADIFORD, BARNSTAPLE, DEVON.

24_11_2008 ENVIRONMENT AGENCY - WRRG to Environment Agency

24_11_2008 WRRG to Head Office, Environment Agency.
On the 25th September 2008 (copy letter enclosed) North Devon District Council wrote to re-engage this Group in our concerns of the non-compliance with the S106 Agreement at Scotts Moor (dated 25th July 2001). This letter also informed us that the Environment Agency were still also engaged in this matter. In view of this, we require your investigation as to the following:
On the 29th January 2007 and the 5th March 2007 we informed North Devon District Council about heavy plant and ground work and the tipping of large amounts of hardcore within the area of the designated Flood Plain, together with ground photographs.
Subsequently in the continued absence of any information to this Group, we wrote to the Agency at Exeter on the 16th July 2007 which gave a summary of events and requested the Agency's position regarding this matter.
As of this date the Agency has failed to acknowledge or provide the information as requested in our letter of the 14th May 2008.
A. The authorative letter that proves Bradiford Water is now classed a Non-Main River
B. Any authority for the tipping of waste onto the flood plain/wildlife corridor at Scotts Moor.

We therefore should be obliged if you would provide this information to enable this Group to consider whether to re-engage with North Devon District Council on this matter.

14_11_2008 WRRG to Planning Manager

14_11_2008 WRRG to Planning Manager
On the 25th September 2008 you wrote to re-engage this group in a direct meeting to discuss "our concerns" of the non-compliance with the S106 Agreement at Scotts Moor.
In reply to this offer on the 20th October 2008 we requested information from you (further copy enclosed) to enable us after consideration of such to determine whether we could engage in a meeting with you as requested.
As of this date we have had no acknowledgement or answer to our letter of the 20th October 2008.
We have since requested from the Planning Department:-
1. The complete schedule of planning applications for Scotts Moor.
2. The resolution of the Committee in refusing the application for variation of the S106.
3. The resolution of the Committee to take enforcement action in respect of the S106 breaches.
4. The filed record of the Officer's decision not to take enforcement action consequent on (3) above.

We have received numbers 1, 2 and 3 but have not received 4.
"The question therefore remains why NDDC failed to enforce the S106".
The public file clearly shows evidence that other matters as yet unexplained are preventing the conclusion of these issues and that the only matter that will be resolved by allowing a "revised formal submission to modify the S106 Agreement" will be to cover up the "WILFUL NEGLECT/NON ENFORCEMENT OF LEGAL OBLIGATIONS UNDER PLANNING LAW BY BOTH THE OWNER AND THE PLANNING DEPARTMENT OF NDDC"

20_10_2008 WRRG to Planning Manager

20_10_2008 WRRG to Planning Manager
ON THE 15TH MAY 2008 THIS GROUP RECEIVED A LETTER FROM YOURSELF SAYING THAT OUR CONCERNS HAD BEEN ADEQUATELY ANSWERED.
On the 25th September 2008 this Group received a further letter from you in which you re-iterate "I AM UNABLE TO ADD TO THE COMMENTS SET OUT IN PREVIOUS CORRESPONDENCE TO YOU"
Having confirmed your position you then unexpectedly invite our Group to discuss our concerns directly with you at a meeting.
To be able to be in a position to fully engage, this Group requires the following information:
1. What legal advice and the subsequent reason given to the Planning Committee as to why the S106 Agreement should not be enforced.
2. As the S106 obligation rests with the new owner, could you clarify the position of the present owner in that, on legal advice, he would have no problem in defeating any enforcement by NDDC and would be able to recover his costs in doing so as stated in his letter to the Development Control Manager dated 6th November 2007.
3. Could you provide the substantive reasons why NDDC de-established the very important wildlife corridor at Scotts Moor in 2006. The Director of Devon Wildlife Trust has refused to provide an answer or discuss the de-establishment of the wildlife corridor with our Group (although in reference to the local Planning Authority NDDC he stated that they were still considering the issue - letter dated 11th June 2008)

If our Group is openly provided with this information we will then consider whether we can fully engage and accept your offer of a meeting to discuss our concerns.

3_10_2008 WRRG to Planning Manager

3_10_2008 WRRG to Planning Manager
Thank you for your letter of the 25th September 2008 we confirm that it is receiving our attention and we will revert to you shortly.

25_9_2008 Planning Manager to WRRG

25_9_2008 Planning Manager to WRRG
I refer to your letter of 3rd June 2008 and regret that I am unable to add to the comments set out in previous correspondence to you.
I would however repeat my offer of a direct meeting.
If you could give me three possible alternative dates when you would be available I shall arrange this with the members. I await your response.

1_8_2008 WILDLIFE CORRIDOR Devon Wildlife Trust to WRRG

1_8_2008 Devon Wildlife Trust to WRRG
Thank you for your letter of 26th June.
We have reviewed our documentation regarding this site and have considered your complaints. I am satisfied that this matter is one in which further correspondence would not be beneficial.
I appreciate that you will not be happy with this response and I am sorry for that

8_7_2008 WRRG to MP for North Devon

8_7_2008 WRRG to MP for North Devon
We would also like to thank you for the advice given in your letter of 17th June 2008 following such meeting.

30_6_2008 Complaints Officer to WRRG

30_6_2008 Complaints Officer to WRRG
The Head of Planning and Development designated the Planning Manager to carry out the investigation into the comments you made in your letter dated 21st January.
On receipt of your letter dated 14th June I sent a copy of the Planning Manager's letter to you with a covering compliments slip explaining that it was the response to your complaint.
As advised in the Quality manager's letter of 29th May if you are unhappy with the way we have investigated your complaint you cn refer your comments to the Local Government Ombudsman

26_6_2008 WRRG to Complaints Officer

26_6_2008 WRRG to Complaints Officer
On the 21st January 2008 WRRG wrote a personal letter to Mr Greenslade.
On the 24th January 2008 you received a carbon copy of our letter to Mr Greenslade and you wrote to WRRG to say our comments had been passed to Head of Planning and Development who would respond by the 7th February 2008.
On the 30th January 2008 you wrote again to WRRG stating "your letter as passed to me as it expressed dissatisfaction of services provided by NDDC, I have asked the Head of Planning and Development to investigate and respond to you.
On the 14th May 2008 having had no response from the Head of Planning and Development we made a formal complaint to you.
Having waited for a further month, you have now sent us a further copy of the Planning Manager's reply under cover of an undated compliment slip (hand written) posted on the 17th June). We note with alarm that this letter has now become "a response to your complaint and therefore we will not be investigating further your letter of the 14th June 2008".
We now require you to take action yourself to re-investigate this matter and report back to us in accordance with the timescale laid down in the Council's Complaints Procedure.

26_6_2008 WILDLIFE CORRIDOR WRRG - Devon Wildlife Trust

26_6_2008 WRRG to Devon Wildlife Trust
We acknowledge receipt of your letter of 11th June.
You make no mention of your Conservation Officer(Planning Policy)investigations during 2007.
...having provided us with innumerable and questionable reasons why you have been unable to answer our letter about the de-establishment of the wildlife corridor at Scotts Moor, you have however, been able to tell us that you have found the time and resources to contact and discuss the matter with the Planning Department of North Devon District Council for 22 days.
It would also appear that you were unaware that the wildlife status for Scotts Moor had already been removed as evidenced by the NDDC Local Plan 2006 - 11.
The tenure of your reply indicates that you have totally failed to aprpeciate this Group's efforts to protect this designated wildlife corridor for the last 10 years

18_6_2008 Planning Manager to WRRG

18_6_2008 Planning Manager to WRRG
NOTE : Notification of an application to modify a planning obligation under Section 106 Agreement (following a telephone call to the Planning Manager whereupon a message was left asking him to return the call. A further call was made to the Planning Reception whereupon the Receptionist looked at her screen and could confirm that no application had been made - we were then put through to the Development Control Manager who confirmed that this letter had been sent in error. He confirmed that when the new application for amendment was made notification would be sent to our Group. As at this date no application has been made)

18_6_2008 Planning Manager to WRRG

18_6_2008 Planning Manager to WRRG
NOTE:- Notification of an application to modify a planning obligation under Section 106 Agreement (following a telephone call to the Planning Manager whereupon a message was left asking him to return the call. A further call was made to the Planning Reception whereupon the Receptionist looked at her screen and could confirm that no application had been made - we were then put through to the Development Control Manager who confirmed that this letter had been sent in error. He confirmed that when the new application for amendment was made notification would be sent to our Group. As of this date no application has been made.

17_6_2008 MP for North Devon - WRRG

17_6_2008 MP for North Devon to WRRG
Further to my meeting with you and other members of the Windsor Road Residents Group
a) This does now seem a matter for the Local Government Ombudsman having exhausted all other avenues of enquiry.
b) On the basis of the discussion I feel the Group's complaint has not fallen outside the 12 month time limit (arguably the failure to resolve the matter with the local authority either dates from NDC's reponse of 19th February or 15th May 2008) and indeed the Ombudsman does have a level of discretion.
c) clearly the S106 obligation rests with the new owner, who is calling the NDC's bluff if they have stated they would rather go to court than accept it. The question therefore remains why NDC failed to enforce the S106

17_6_2008 Complaints Officer to WRRG

17_6_2008 Complaints Officer to WRRG
Compliment slip - attached a further copy of the letter from the Planning Manager dated 12th February 2008 AND STATING ON THE COMPLIMENT SLIP "THEREFORE WE WILL NOT BE INVESTIGATING FURTHER YOUR LETTER OF THE 14TH JUNE 2008

14_6_2008 WRRG to Complaints Officer

14_6_2008 WRRG to Complaints Officer
FORMAL COMPLAINT 12
On te 14th May 2008 this Group made a Formal Complaint to you explaining that we have received no response from the Planning Manager as indicated in your letters of the 24th and 31st January 2008.
On the 31st January 2008 you confirmed that it was to be treated as a complaint as it had expressed dis-satisfaction with the services provided by North Devon District Council and therefore had been passed to the Planning Manager for investigation.
NOTWITHSTANDING OUR LETTER OF THE 14TH MAY 2008 WE HAVE RECEIVED NO ANSWSER TO THE "COMPLAINT" THAT WAS CONFIRMED BY YOU AND PASSED TO THE PLANNING MANAGER FOR INVESTIGATION. THE COUNCIL IS THEREFORE CHARGED IN FAILING TO REPLY TO THE COMPLAINT WITHIN THE SPECIFIED TIME TABLE GIVEN IN THE COUNCIL'S COMPLAINTS PROCEDURE.

14_6_2008 WRRG to Planning Manager

14_6_2008 WRRG to Planning Manager
We have recorded a further contravention of the S106 Agreement by the owner on the
20th May and 4th June 2008.
You should note that grass cutting in Areas 8 and 9 and the tipping of grass cuttings on the bank of the Bradiford Water has occurred - see attached photograph.
We also wish you to note and record this complaint which is further flagant abuse by the owner of his obligations under the extant S106 Agreement

13_6_2008 Quality Manager to WRRG

13_6_2008 Quality Manager to WRRG
I sincerely apologise for my delays in answering your complaint.
If you are unhappy with the outcome and/or way wehave investigated or responded to your complaints you have the optionof referring your comments to the Local Government Ombudsman.
During my investigations I have noticed that your correspondence is often lengthy repetitive and contains defamatory allegations about the Council's Professional Officers, which are you personal opinions.
Therefore, because ofthe reasons I describe above as Appendix 3 I enclose a copy of the minutes from the Council's Executive meeting of 9th October 2007. This details the Council's decision to adopt 2 new policies, the "Unreasonable Persistent Complainants" and "Unreasonable Complainants Behaviour". I urge you to read this carefully and contact me if you would like to discuss it. (Attachments with this letter is a copy of the letter from Planning Manager to WRRG dated 17th May 2004 and a copy of the Guidance Notes on "unreadonable persistent complainants" and "unreasonable complainant behaviour" inacted in February 2007)