Forum Topic

Reisdents launch LBH Watch

A powerful new resident-led monitoring body has been launched with a view to highlighting and addressing some of the major flaws in the Civic Centre bureaucracy that came to be identified during the last days of the previous council administration.Endless battles at IBAC (Isleworth & Brentford Area Committee) between elected councillors and intransigent and belligerent Chief Officers revealed some very fundamental deficiencies in the member-officer relationship in Hounslow. ICG councillors in particular encountered a metaphorical brick wall when attempting to open up the process of local government and to introduce more accountability and openness.Delivering its launch statement, LBH Watch Chair Ian Speed emphasised that the new body enjoyed cross-party support, and its current members were drawn from all across the local political spectrum.The full statement reads:"Following the local elections at which all community and third party representation on Hounslow council was wiped out and replaced with a classic two party system only, a group of concerned residents have formed to address any democratic or performance deficits the London Borough of Hounslow may have in administering or delivering its services in your area. The issue that has caught the imagination of most members of the group is Planning, as administered by the Environment & Planning Department and the local Area and council wide Strategic Development Committees. However, we would be very happy to hear from any citizen who has concerns about the way LB Hounslow delivers or administers its services."We are in the process of designing a website with the following key elements:    * A High level section for borough wide issues such as Customer Service standards.    * The key contentious isssues for each of the Area Committees (mainly planning issues and traffic management).    * A self-help section giving residents a guide as to whom to write to or complain to if they are not happy about the way a service is being delivered or administered."We would be interested in hearing from any member of the Hounslow Borough Community who would like to contribute concerns via email or attend one of our meetings. The next meeting is on the evening of Monday 2nd August."We have created an email address at lbhwatch@aol.com. Please email us or text/leave a message on 07835 379595 if you wish to attend a meeting."LBH Watch has also published a list of six Aims and Objectives, which are as follows:    * We believe Hounslow council services should be run according to best practice within the law.    * We believe council officers, however senior, should be fully answerable to councillors and local residents and taxpayers.    * We believe in greater democratic leadership and outward accountability for decision-making to local people.    * We believe that council staff and members should respond to residents' concerns in a prompt, honest and comprehensive manner and act with impeccable integrity at all times.    * We believe Hounslow council services should be delivered as transparently and cost-effectively as possible.    * We encourage members and officers to adhere to the spirit of the Motion on Community Empowerment as approved unanimously by the previous council."The range of talents and expertise that LBH Watch is already able to call upon is quite simply vast. It will use every means available to highlight bad practice and to bring answerability and transparency to our local government.I envisage LBH Watch playing a seminal role in ensuring that the concerns of the community are heard during the four years of the current council administration and maybe beyond. Please don't hesitate to get in touch if you think you may be able to help.from A Community In Action - http://philandrews.blogspot.com

Phil Andrews ● 5731d85 Comments

Nick,You've certainly given this a lot of thought !.  I'll come back to you on your post when I've got more time.What I will say about the current planning system and local authorities is that I don't think the public realise the cost involved in a developer making a major planning application.  Because of statutory 8 week/13 week targets and ever reducing resources it has become extremely difficult/impossible for a developer to negotiate/make amendments to a scheme during determination.  So developers are encouraged to have a formal pre-application meeting with the Council, which incurs a statutory charge (anything from £750 - £5000).  When it comes to submission the application has to be accompanied by a plethora of supporting assessments, report and statements, all prepared by a variety of specialist consultants, all of whom charge significant fees.  And of course there's the statutory application fee itself, which will comfortably be in 5 figures.  Then even if the Council are minded to approve the application, the developer is required to enter into a legal agreement with the Council including numerous financial contributions covering a range of areas, such as education provision, highway improvements, public realm improvements etc - it isn't usual for such contributions to be six figure sums.  As the Chairman of Redrow Homes confirmed afew months back, major developers are now spending more on planning related fees than they are on bricks !.

Adam Beamish ● 5718d

Adam,In my previous posting I was inviting you to think outside of the box.  The current system simply cannot provide effective planning control because the number of breaches of planning control guidelines far exceeds the capacity of Planning Department to look at them, let alone deal with them.  LBH Planning now relies almost exclusively on the public to report breaches of the guidelines, and most of the public find the process too daunting.  Even if there is a breach of the guidelines they finish up with the Officer’s subjective view that “no material harm is being caused” or “enforcement action is not considered expedient”.  Full planning control means checking every new development is in conformance with planning rules, and I do mean rules and not guidelines.  The use of guidelines might have been acceptable a few decades ago when very few houses added extensions and outbuildings.  Now there are very few properties that do not have some form of extension or significant modification such as an outbuilding or conversion of the front garden to hard-standing.  We now have a concrete jungle and it is getting worse at an exponential rate.  We need changes to the building control regime to preserve the urban English environment.  In my view building regulations should be similar to traffic regulations.  You can still treat a speed limit as a guideline, but the police will see it as a rule when considering whether to take action.You won’t have heard of a Compliance Certificate because I invented it.  All developments should be compliant with the planning regulations in force at the time the building is inspected (not those in force at the time of development).  If the building is not in compliance, then it needs to be brought into compliance, and each inspection and each Compliance Certificate is a potential revenue item.  Developments could still be done with or without planning approval, but if done without approval the developer may find problems getting a Compliance Certificate particularly if regulations change making previously acceptable changes unacceptable.  So it would be in the interest of the developer to get the Compliance Certificate as soon as possible, and to get prior planning approval to improve the prospects of getting the Certificate.  Of course, when selling the property the conveyance procedure would include verification that any property has the appropriate Conformance Certificate(s).  There should be no four-year immunity clause to hide behind.Reports from the public of potential breaches of the development “rules”, should be seen by Planning Department as potential revenue generators.  To further increase departmental revenue Planning Officers should be sent out to audit developments throughout the borough on a street-by-street basis.  The potential revenue should enable significant reductions in council tax: perhaps its elimination!!  I’m not sure that the Council could make a statutory charge every time a complainant lodges an enforcement complaint that correctly points out that a development is in breach of the guidelines, but is then classed as  “unsubstantiated” on the basis of the subjective view of the Planning Officer that “no material harm is being caused” or “enforcement action is not considered expedient”.  Joe Public is not that simple minded.  The guidelines should become rules that cannot be overridden by any subjective opinion of a Planning Officer or for the administrative convenience of the Planning Department If you look at the issue from the other side of the table you should also be suggesting that, when a complainant lodges an enforcement complaint that turns out to be correct, there should be a statutory charge on the local council for failing to provide effective planning control.  It would be the same logic.  Of course the charge would have to be paid out of the salaries of the planning department staff not by the council tax payer!  It should also be accepted by the Planning Department that every breach of the planning guidelines causes material harm because it undermines the validity of the planning guidelines.You also suggest that complainants should have to check for themselves whether the development requires planning permission before the Council agree to utilise resources by visiting a site.  Joe Public now has sole responsibility for identifying breaches of planning control guidelines because the Council has decided that it will not monitor developments themselves.  The Council has delegated this task to Joe Public but without telling Joe Public that it is now its job, and without providing Joe Public with any training.  Did the Council realise the consequences of their actions when they “outsourced” this job?  Perhaps they thought that, since Joe Public has not been trained in planning control procedures, the problem of rogue developments had been kicked into the long grass – or at least the cost of dealing with rogue developments would not hit the Council’s budget.As for finding the suggestion that minutes of the team leaders meetings should be published is “interesting”, I am amazed that there can be any doubt that the minutes should be a matter of public record.  It cannot be in the public interest to keep the discussions secret.  Therein lies the basis of deep suspicion about the probity of some planning decisions.  It is in the interest of everyone, especially Planning Officers, that the minutes be published.  It would be a step in the right direction to at least keep a record of the team leader meetings!Adam, while I am sure that you can draw on your long career in local government to defend the current system, could I ask you to also apply that same experience to help to find a way of delivering a more effective system of planning control.  What we have at the moment can be seen to be less than adequate.

Nick Marbrow ● 5718d

Nick,You talk about changing planning departments from a cost centre to a profit centre and then talk about removing immunity periods and charging for every 'certificate of compliance'.Firstly, I'm not sure what you mean by a 'Certificate of Compliance' in respect of planning control, such a thing doesn't exist - a developer/owner can apply for a Certificate of Proposed/Existing Lawfulness in relation to a development or use, and has to pay an application fee to do so set by national government.As for removing immunity, how is that going to make a Council profit ? - bearing in mind that it isn't a criminal offence to breach planning control and anyone that does so is not required to submit a retrospective planning application (which if they did would generate an application fee to the Council).You appear to be taking a very slanted, complainant perspective rather than looking at the planning system as a whole, which certainly has its faults.  It has to work both ways.How about the Council make a statutory charge for every time a complainant lodges an enforcement complaint that turns out to be unsubstantiated ? - on the same basis I would always say a developer/owner should check for themselves whether their proposal requires permission before commencing work then you could argue complainants should also have to research the same regulations before the Council agree to utilise resources by visiting a site.  It's an interesting suggestion you make about minutes of delegated meetings.  Some Councils take things to the other extreme and all of their enforcement decisions are made behind closed doors (even committee discussions relating to enforcement are done under Part II not for the public/press procedures).

Adam Beamish ● 5721d

Welcome to the forum "B. Abbott", and may I be the first to congratulate you on such a constructive and helpful post?For the benefit of those not in the loop the point "B. Abbott" is attempting to make, the piece de resistance of one or other of my party political critics (which of the two groups he/she represents is not yet clear, but may become so if he/she hangs around) is that I have an Individual Voluntary Agreement (IVA) to repay a number of creditors, credit card companies, having like many others been hit by the recession.  This is what one gets when one puts working for the community before oneself.If "B. Abbott" is a nom de plume for somebody from the Labour side of things it is particularly amusing as they have been aware of the fact for several months, yet during the recent election campaign circulated a leaflet containing the deliberate lie that I own a holiday home in Portugal!  Their stated philosophy when indulging in this kind of thing is "You call it dishonesty, we call it politics", as articulated by Councillor Ruth Cadbury at a Borough Council meeting when defending the practice of lying to their voters on election leaflets during a debate a couple of years or so ago.I am assuming the contribution from "B. Abbott" is some kind of veiled threat that my personal financial problems will become the subject of public discussion if I do not desist from my work with LBH Watch.  It's nice to see the political establishment in Hounslow adopting the moral high ground as always, and I'm sure Richard, John and Vanessa will be encouraged by the emergence of a new ally of such integrity and fortitude to help them pursue their argument.

Phil Andrews ● 5723d

Nick,As you're probably aware given my career background planning , and in particular planning enforcement, has a place close to my heart.Government Circular 10/97, entitled 'Enforcing Planning Control' states :'The power (in the amended section 172 of the Town and Country Planning Act 1990 ("the 1990 Act")) to issue an enforcement notice is discretionary. A notice requires remedial steps to be taken within a specified time-limit. It should only be used where the LPA are satisfied that there has been a breach of planning control and it is expedient to issue a notice, having regard to the provisions of the development plan and to any other material considerations.'Within Planning Policy Guidance Note 18, also entitled Enforcing Planning Control, in respect to the general approach to enforcement, national government advises :'5. Nothing in this Note should be taken as condoning a wilful breach of planning law. LPAs have a general discretion to take enforcement action, when they regard it as expedient. They should be guided by the following considerations:-(1) Parliament has given LPAs the primary responsibility for taking whatever enforcement action may be necessary, in the public interest, in their administrative area (the private citizen cannot initiate planning enforcement action);(2) the Commissioner for Local Administration (the local ombudsman) has held, in a number of investigated cases, that there is "maladministration" if the authority fail to take effective enforcement action which was plainly necessary and has occasionally recommended a compensatory payment to the complainant for the consequent injustice;(3) in considering any enforcement action, the decisive issue for the LPA should be whether the breach of control would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest;(4) enforcement action should always be commensurate with the breach of planning control to which it relates (for example, it is usually inappropriate to take formal enforcement action against a trivial or technical breach of control which causes no harm to amenity in the localityof the site); and(5) where the LPA's initial attempt to persuade the owner or occupier of the site voluntarily to remedy the harmful effects of unauthorised development fails, negotiations should not be allowed to hamper or delay whatever formal enforcement action may be required to make the development acceptable on planning grounds, or to compel it to stop (LPAs should bear in mind the statutory time limits for taking enforcement action).'So that's what both national government advice (Circular 10/97, PPG18) and the planning legislation (T&CP Act) actually says.Your first paragraph strays on dangerous territory when it talks about residents looking for a reason why the 'rules' have been ignored.  It is a fundamental principle of the national planning legislation and associated guidance that the enforcement regime is not there to punish people for breaking the rules, e.g. a retrospective planning application should be determined in the same way as a planning application proposing development.Why the rules are ignored is not something Officers can answer, nor LBH Watch can have any input in/change, that is something you need to ask the developers who break planning control.  In my experience, many people foolishly rely on what a builder or a conservatory company tells them, rather than actually checking it out for themselves.  Others hold the view that their home and its curtilage is theirs and they can act as they please within it.  Some decide to take the risk and see if they get away with it.  Others get permission for one thing and then suddenly think they'll completely change the building during construction but don't think to inform the Council.I don't believe in this day and age anyone can suggest that Councils can do more to educate people, there's a plethora of information available on both Council and Government websites, there's Duty Planning Officers available for homeowners to go and see without an appointment to get planning advice on minor developments, and (at least certainly in my time in local government) I was always happy to discuss planning matters with the public, including articles in HM magazine and the local newspaper, and indeed often talking with David and Vivienne Blackett (a charming couple who I always felt I understood and vice versa) from your own Residents Association.  So I would suggest looking elsewhere than at Officers to find a reason why the rules are being ignored, maybe speak to the developers themselves ?.Apologies for being pedantic, but you make an erroneous reference to the 'impartial application of planning rules', I presume you mean policies within the development plan, as there are no 'rules' when it comes to deciding whether or not to enforce.The two phrases you quote which Officers use have their basis in the relevant legislation, there are the appropriate technical phrases.  Much as I was occasionally tempted, had I ever said "we're not taking enforcement action because the  extension is 2cms deeper than what it could be built without requiring planning permission and you really ought to stop wasting the Council's time and get a life"  I don't think that would have gone down too well !.Councils deal with hundreds, sometimes in excess of 1000, enforcement complaints every year.  Most Councils have delegated powers when it comes to exercising the discretion whether or not to take enforcement action.  Very few Councils however give this discretion to one Officer, I had that discretion at Harrow Council and it wasn't something I was comfortable with.  At Hounslow every time one of my staff wanted to close an enforcement case (where there was a breach) without taking action they'd have to write a report, I would then review that report and then twice a week I'd sit in a room for 2 hours with all of the other Team Leaders (5-6 people) and we'd make decisions on minor planning applications and enforcement matters.  We wouldn't always all agree, but we'd come to a consensus, and if it was agreed that it wasn't expedient to enforcement, then we'd close the case and advise both the developer and the complainant accordingly.As for explaining that to the public, that would involve a personalised letter to each and every complainant following that decision.  That just isn't feasible, no Council has (and certainly won't have as the 'cull' forced by the new government starts to hit) the resources to do that, and if people want a more detailed explanation they can always ring the Case Officer.It sounds to me as though ideally you'd like the scheme of delegation changed so that every enforcement decision is made in public - not something I'd support but regardless of that I'm not clear how LBH Watch is going to help achieve what you are looking for.

Adam Beamish ● 5723d

"Those with a genuine desire to improve things for residents and to open up and democratise the process of local government will welcome the launch of this new initiative.  Those who believe residents should be seen and not heard and who want to preserve the old way of doing things irrespective of whether it serves the community (and forward-thinking elected members) or not will feel threatened by it"That's an oversimplification and also rather disingenuous. So what you are saying is - if you don't agree with me  then you automatically want to keep the local population in the dark and practice the dark arts of politics? I would have thought that it is self evident that anyone who stands for election - or at least the majority who do - believes that they can improve things locally and wish to work with their constituents to that end, as well as being an advocate for them when needed when the system gets in the way.Whether or not something 'serves the community' is debatable as we all have differing views on that sort of thing and what would be our own priorities. That doesn't necessarily make anyone who disagrees with you wrong, as I have said before pragmatism is often what is most important to a local politician. The decision making process does not afford the luxury of time to consult everybody about every decision, surely the purpose of elections is to mandate representatives to do this on your behalf? If you don't like what they do you have the right to kick them out, I can't see anything wrong with keeping a watching brief on things but it seems to me that there is a distinct blurring of the lines inherent in what you want from this.It would appear that it is the case some people are having a hard time coming to terms with losing out in the May elections and see this as a comfort blanket to aid withdrawal symptoms.

Vanessa Smith ● 5723d

VanessaI'm glad to hear that you do see a role for civic societies and even independent groups or parties.  If you don't mind me saying so you often give a contrary impression.Yes, consultation is the norm on planning and parking issues.  But what happens when that consultation is inadequate, misleading or flawed?  It is the contention of LBH Watch that these processes are often not followed properly by the Lampton Road bureaucracy which is why it intends to build a case that it can demonstrate to elected members, to do with what they will.If you like this is another single issue that elected members probably do not have the time to concentrate on as thoroughly as they will need to if they are to tackle the deficiencies that exist within the system.  The arrogance of the Environment Department when confronted with even the most constructive suggestions for positive change is positively breathtaking, and I'd be surprised if that attitude has not continued into this new administration.I am not muddying the waters, it seems to me that you rail instinctively against anything that emerges from within the community and which operates beyond the watchful eye of your party colleagues.Why can you not see LBH Watch as a service rather than launching immediately into this Pavlovian Dog reaction?  Like The Isleworth Society, LBH Watch is not interested in political power, it does not threaten you or your party.  The ICG may do at some time in the future depending on how things develop, but if that happens we'll not be needing a front group to help that process along.

Phil Andrews ● 5730d

JohnIt's Chair is not a defeated ICG candidate, he was the ICG's election agent.  And I am not ICG leader.  Most of the "leading lights" at LBH Watch are indeed independent of the ICG.  The Chair, an ICG member, was elected by a group of people most of whom are not ICG members.On what grounds do you assume LBH Watch to be an ICG front?  Are you familiar with the issues it has been looking into, and the work it has been doing?  Why the sweeping assumptions?Why do you refer to criticising the new administration?  That is not the role of LBH Watch at all.  The group's brief is to look at the bureaucracy within the local authority and to offer a view as to where and how it could better serve residents and elected members.  It is a potential ally of the new administration and, like I say, I'd have welcomed the existence of such a group when the old administration was in office.The ICG has no need to create "front groups".  We are well known and established locally and can do nothing operating behind a front group that we couldn't do openly ourselves.  The whole ethos of LBH Watch has been misrepresented ever since I announced its formation.  Why would anybody want to do this?LBH Watch will indeed become a credible and powerful local organisation.  The calibre of the people involved ensures this.  If you are free on August 2nd John why not come along to the meeting?  This is a serious offer - you would be most welcome, I'm sure your contribution would be helpful and you will be able to see for yourself exactly the kind of people who are involved and the extent of its alleged connection to the ICG.Interested?

Phil Andrews ● 5730d

I think that is where we will have to agree to disagree Vanessa.  I simply do not accept that the work of groups such as The Isleworth Society, Campion Concerns, Mogden Residents' Action Group and the various residents' associations should or even could be replaced by self-appointed "expert" politicians who, whilst they may have the talents required to fulfil their generic role, will usually lack both the specialist subject knowledge and the desire to concentrate their minds sufficiently on very localised but nonetheless important issues such as those that these groups address.The is no reason why those in the political arena, if they are honest and well-meaning, should fear the involvement of civic groups and the participation of residents.  I have always regarded Labour's apparent unwillingness to treat with such organisations as an indication of its institutional insecurity.  It is this assumption that The Party knows best and that our role as local people is just to keep quiet that has created the particular political situation that we have in our own little corner of the world.Yes, Labour won the 2010 local election and I accept that verdict.  However I am not, in the interests of some false humility, going to pretend that the result was not the product of the freak happenstance of a general election being held on the same day.  In effect those who are interested in local community issues (voters who ordinarily turn out for local elections) were outvoted by those who are not (voters who turned out solely because there was a general election).  I make no apology for saying that it is those who are interested in their neighbours and neighbourhoods that I have time for and, yes, I have no problem with forcing the vision of those who care on those who don't.I have heard you condemn Margaret Thatcher (rightly) for her remark that there is "no such thing as society".  Has it never occurred to you that the line you take, your dismissal of the notion of community and disdain for any form of interaction with it, is all but identical?You are quick enough to come onto this forum and complain when you feel the local authority is doing something it shouldn't, or not doing something it should.  I wish there were more.  But aren't you contradicting your own view that we should leave it all to the elected members and not interfere ourselves?  Or do you believe your political affiliation gives you a right to comment that you would deny to others?We now have, once again, a local authority comprising just two political groups, Labour and the Conservatives.  I've now doubt that is an arrangement you prefer.  But what happens when the bureaucracy fails in an area in which the opposition has no interest?  People have a right to know what is going on.  The fact that most will never have the time nor the inclination to ever want to exercise that right does not make it any less of a right.  People have a right to see plans, to consider such matters as whether they want a CPZ - or a new housing development - in their neighbourhood and to make appropriate representations.I have seen signs that at least some members of the new administration appreciate this simple fact.  There is no reason why LBH Watch shouldn't be able to work with such people - we are there to help, not to frustrate.

Phil Andrews ● 5730d

This is an absolute nonsense, people elect councillors to represent them, why then would they want to do the job themselves? For all your talk of 'empowering' residents they voted against it in droves. This smacks of trying to foist your version of 'community' on people whether they want it or not. People can still get good access to their councillors if the system isn't working as they'd like. In my experience, and it was something you poo-poohed when I mentioned it, officers can be obstructive, I think some of them, certainly not all, do not understand (or do not want to) the essential difference between an employed officer and an elected member. I lost count of the times I remarked to officers that they should put their heads over the parapet and stand for election when they were unresponsive or negative to something. Most were helpful and supportive but their were some who were a bloody nuisance and had an unfortunately perverse atiitude to members. I don't think that your new outfit is an ICG front especially, I just wonder why on earth you don't let it go and move on, get a proper job and enjoy life.  It's like all this 'big society' twaddle, people want services they pay for perfomed and delivered by the authortities responsible, the vast majority do not want to go to work all day then come home and patrol the streets, or run local facilities for free. Doing voluntary work is one thing, and many people perform valuable service this way, but to try and run the country on the cheap in this way is taking the p*** big time.

Vanessa Smith ● 5730d