Subject: RE: For Mrs Peart
Date: Tue, 30 Aug 2011 12:08:20 +0100
From: NPCU@communities.gsi.gov.uk
To: brain37@live.co.uk
Dear Mr Turton
I am sorry I am unable to offer you any other advise on If any laws will be changed or brought into effect.
The only advise I can offer is that you either view the Direct Gov website which lists topics which are out for public consultation and this allows you to comment on the proposals - see link below:
http://consultations.direct.gov.uk/search?site=dg_default&client=dg_default&output=xml_no_dtd&proxystylesheet=dg_default&proxycustom=%3CHOME/%3E&filter=0(
You may also wish to contact the Prime Minister at the address below and ask if there are any proposals to implement a new law. May I advise that consider sending a focussed letter in order that your question on any potential changes to policy or law is addressed.
Rt. Honourable David Cameron MP
House of Commons
London
SW1A 0AA
I am sorry I am unable to assist you any further in this matter.
Kind regards
Mrs M Peart
_______________________________
Michelle Peart
National Planning Casework Unit
5 St Philips Place
Colmore Row
Birmingham
B3 2PW
Tel No. 01752 635082
________________________________________
From: fred turton [mailto:brain37@live.co.uk]
Sent: Saturday, August 27, 2011 9:03 PM
To: NPCU
Subject: RE: For Mrs Peart
With respect, will you please re-read my letter. I want to know when Mr Cameron's promise will become law. So far I have heard him say many things but he doesn't act on them. When willhis statement that people will not have things forced on them from above be implemented? You seem to have ignored this. I used the Digester as an example of the undemocratic way this country operates.
Thank you.
Fred Turton
________________________________________
Subject: RE: For Mrs Peart
Date: Fri, 26 Aug 2011 16:47:24 +0100
From: NPCU@communities.gsi.gov.uk
To: brain37@live.co.uk
Dear Mr Turton
Firstly I would like to apologise for my error in using the old email address on my letter to you. The points raised in your letter have been duly noted.
As you are aware, Local planning authorities have the statutory responsibility for considering proposals for development. Authorities have to determine planning applications in the light of the local development plan for the area and any other material planning considerations. They must also take into account any representations received and give reasons for their decision. The Government is clear that localism and decentralisation are at the heart of their planning agenda and the general approach of the Secretary of State for Communities and Local Government is not to interfere with the jurisdiction of local authorities on planning matters.
I must point out that it is not the responsibility of the Department for Communities and Local Government to police local authorities. The Secretary of State has no statutory duty or power to supervise the general propriety or efficiency of actions taken by individual local authorities, or to call them to account on matters connected with organisation, management or conduct of business. Local authorities are provided with considerable statutory discretion to arrange for the discharge of their responsibilities in accordance with their own interpretation of local needs and circumstances. They are accountable for their actions and the services they provide to their electorate and, ultimately, the law courts
If you still believe the local planning authority has erred in law, the only other remedy I can suggest to you would be to consider seeking a judicial review of the permission. However, before doing so, I would suggest that you seek independent legal advice on this issue.
It must be for you to decide whether or not to pursue this matter further but I regret that we can not get involved.
Yours sincerely
Mrs M Peart
Casework Officer
_________________________________
Michelle Peart
National Planning Casework Unit
5 St Philips Place
Colmore Row
Birmingham
B3 2PW
Tel No. 01752 635082
________________________________________
From: fred turton [mailto:brain37@live.co.uk]
Sent: Thursday, August 25, 2011 3:29 PM
To: Tara Dickenson
Subject: For Mrs Peart
Thank you for your letter of the 24th August, 2011.
When I wrote to the Prime Minister I asked a specific question, when will his statement that people will not have policies from above forced onto them become Law? This like many other so called promises, has seemed to died a death. I used the example of our problem with the Anaerobic Digester to prove a point. I think that politicians should be reminded that their principles are the same as the Stock Exchange, "My word is my bond".
We keep being reminded that our young soldiers are fighting for Democracy. Its about time that we had true democracy in this country. Referring back to the problem my village has had with the Digester, this was one of the worst cases I care to remember where democracy 'went out of the window'. How can any policy be installed when over 2000 people signing a petition, the views of the local district council, our county councillor and our MP are totally ignored. To me this is absolutely disgusting. To see a bunch of old men many of whom should have been pensioned off, being allowed to go against the majority. The meeting when the planning was disgusted was nothing more that a charade. Then we had a council official dictating to this committee on how they must vote. She wasn't even elected.
I suggest that you go back to the Secretary of State and the Prime Minister and point out that democracy is not just putting a cross on a ballot sheet. It's respecting and acting on the views and wishes of the majority. Again, referring to the Digester, when there was a possibility of a recycling plant being constructed in the locality where the then leader of KCC and his deputy lived, at Hollingbourne near maidstone, there was a lot of opposition. This was the true case of NIMBY. The same situation arose many years ago when Nicholas Ridley was in the government. He said that there would be no restrictions on building applications until some thing threatened the environment where he lived. He then stopped it. When this was put to him on the TV News he just said "End of interview" and walked away.
I repeat my question, when will Mr Cameron's statement become Law?
Yours sincerely,
Fred Turton.
