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Steve/AndrewAlthough not a member of SDC I witnessed the entire debate, partly via the live webcast from the Community Group office and partly from the public gallery.What was quite clear to me was that a lot of stock was placed on the planning officer's claim that her department had extracted every reasonable concession from Thames, and on her assertion that Thames would not be allowed by OFWAT to cover the storm tanks.  This, as we know, was untrue.It is my personal belief that the planning officer genuinely did not know the facts about the funding issue, and the fact that OFWAT - as was subsequently established by Daniel Lyons at the Hounslow Chronicle - would not have had any objection at all to Thames committing a small proportion of its very substantial annual profits to the cause of honouring its statutory obligations to the neighbouring community.But the fact is she should have known.  She should have been briefed to this effect by her senior officers.  She should also have shared with us the contents of the independent advice to which she referred at the meeting, part the text of which (I have subsequently discovered) read as follows:"TWUL could fund the work independently of OFWAT, and from its own resources, in the interests of improved customer service. There is very little precedent for this in the privatised water industry, and successful retrospective recognition of this significant capital investment would be subject to considerable scrutiny and testing against the stated regulatory criteria."In view of the impact of such an investment and the uncertain financial and service benefits, it is highly unlikely that TWUL’s shareholders would choose to invest such without a real prospect of a return."Whilst this advice acknowledges that it "unlikely" that Thames would commit any of its own funds, it also clearly states that it had the option to do so (bear in mind also that, as a company which continues to operate in violation of its legal obligations and is only able to do so due to the department's unwillingness to enforce, Thames' situation at Mogden is hardly a normal one).  And yet the advice given to members at SDC was that it couldn't.  It's still there for everybody to see and hear on the webcast!It was on the back of this advice that members voted to approve the application.Under the circumstances it would be reasonable for any member of the Committee who supported this application on the strength of the advice given by officers to now acknowledge that he or she had been misled.  What is not reasonable is what I can only describe as the defiant stupidity of some members who still continue to protest that their actions on that night were in the residents' best interests.  They were not - I know they were not, and they know they were not.  Most importantly of all, the residents know they were not and it is my fear that the political reverberations will be considerable.

Phil Andrews ● 6269d

Hi AndrewYes you are quite right - I put that very badly and I apologise unreservedly as I am fully aware that you, as Leader of the local  Lib Dems, are not involved in any power struggle. I was of course alluding to Cllr Cadbury and her lackeys who so blatantly supported the application for political reasons. What was made very clear was that the majority of the Committee were out of their depth and didn't know how to vote; e.g. Cllr Brad Fisher admitted he was for / against / for / against / for; Cllr Bath first said she needed more info and was frustrated that officers recommended approval without having all the info to hand; Cllr Reid admitted that she changed her mind in 5 seconds; Cllr Cooper was the most naive and it was clear that he didn't understand "the whole bunch of 'ole' docs" he had been expected to go through and he made it clear from the beginning that he just wanted to get it over and go home; Cllr Aulds made some sense but complained of it being late and referred to the "thingamajigs"; Cllr Barwood claimed she had never been to Mogden because she had not  been invited; Cllr Cadbury mislead the committee by incorrectly stating that Thames have to get Ofwat approval for capital expenditure. And this is democracy at its best?  I also believe that her declared interest as being in the rowers club should have disqualified her as it is clear that the alleged cleaner river could  be at an environmental cost to local residents, of which she is not one!. I don't believe it was made clear that the expansion will not result in increased odour. It was made clear by environmental scientist Barry Edwards that it may result in increased odour but in any event Mr Edwards' reasoning on 'sustainable' was ignored. Whether or not the odour at the end of the project in 2013 / 2014  is increased or not, Mr Edwards voiced concern about increased odour 'during'  the project. i.e. is the development sustainable during the project timeline? No evidence was provided to assure the committee that odour will not increase whilst the project is underway. I further believe that the borough legal assistant was wrong to inform the committee that there is a damages claim against Thames Water after admitting that she was not familiar with details of the litigation.  Firstly she should be aware of the details of the litigation because the Council has been fully involved in the document disclosure process and secondly the litigation is first and foremost an injunction against Thames Water for neglilgence. Cllr Reid's reason for refusal was quite sound inasmuch as there was no evidence to support the claim that residents would not be adversely affected by increased odour during the expansion program. There is little doubt that Cllr Cadbury supported the approval for political reasons and to show the Departmental officers  that she is still in charge and have have her full support and there is little doubt that Cllr Reid performed her incredible u-turn in her attempt to demonstrate that she is in control and for fear of Thames appealing. And again the Borough Legal Assistant was wrong to bring possible defence costs into the fray. Cllr Reid  made it quite clear that she wants to 'control' the situation even though the Department has demonstrated over 10 years that Thames is fully in control of its own destiny. Thames Water also made it clear to the SDC that the 'clock was ticking' and they would not accept a deferment thus putting the fear of God into the Lead Member.  So keen was Cllr Reid to demonstrate her 'control' that she broke protocol and 'voted' before allowing Barry Edwards to voice his opinion that residents would actually welcome the application being taken out of LBH hands and left instead with the Mayor and/or the Secretary of State. I for one endorse that view as the Department has shown over the last years to offer little more than an apathetic 'tick box' regime allowing Thames to walk all over its officers. I fully agree that the community has very many issues that need to be addressed by Thames Water but it is now too late to address them through other routes. The only route is through the Council.  Since the application was approved Thames employees have demonstrated clearly that they will not communicate with the community and are now hiding behind the fact that its operating regime at Mogden is being conducted with the full blessing and approval of Hounslow's EHO's. Thames Water also made this very clear to the SDC during its presentation. The buck stops with the EHO's and there is very little residents can now do to stop this area becoming a larger and more disgusting cesspool than it is now. Only the Council now has the power and 'control' to address these issues with Thames Water but experience has shown that there is little chance of that happening and, with a Department that can't even control litter collection ....what hope is there?  Watch this space!Kind rgdsSteve

Steve Taylor ● 6269d