Pickles shoots from the hip – again

Eric Pickles has finally said something I agree with – local government employment rules are an anachronism and need to be changed. However, in order to grab yet another 15 minutes of fame and plenty of headlines, he’s conveniently overlooked that annoying thing called the legal system. I doubt whether too many councils will be tapping their highly paid CX on the shoulder and handing him or her their P45 anytime soon, simply based on a vote taken at a full council meeting.

The lawyers must love Eric Pickles, first the farce over Regional Strategies, now he’s inviting all the employment lawyers to order a new Aston Martin paid for by local taxpayers.

Copyright Local Government Chronicle
9 November, 2012 | By Ruth Keeling

Employment protections for council officers look set to be removed as communities secretary Eric Pickles renews his battle with “bureaucratic barons” and “golden goodbyes”.

Ministers are expected to propose the scrapping of a rule which requires councils to appoint a lawyer to conduct a review when an officer is suspended – a rule originally introduced to prevent dismissals motivated by political issues.

Mr Pickles is understood to be frustrated that councils frequently arrange large pay offs for chief executives in order to avoid the appointment of a lawyer and an expensive and lengthy investigation into the suspension.

A spokesman for the Department for Communities & Local Government said an amendment to the Local Authorities (Standing Orders) (England) Regulations 2001 would come “into effect early in the new year following a short consultation” which is not to last more than four weeks. It is not clear whether the amendment will affect section 151 officers and monitoring officers as well as chief executives and DCLG have been asked to clarify.

Writing in the Telegraph, he said: “Watching incompetent bureaucratic barons bouncing from one post to another with only a nice payoff to cushion their fall has been a source of immense frustration to many local government colleagues.

“At present getting rid of your chief exec involves a series of fantastical labyrinthine twists and turns — beginning with the appointment of a high-flying lawyer to review the case. It takes forever and costs a small fortune. One case took 16 months to adjudicate and racked up costs of £420,000.”

He added: “The days of lining your pockets at the expense of the taxpayer are over. In future, what’s decided in the full democratic council chamber will be what counts. And if elected representatives decide a chief executive is for the chop. So be it.”

The proposal is one of a raft of announcements made by Mr Pickles on Friday, including a call for councils get rid of the chief executive altogether.

A press release issued by the on Friday said: “The post of chief executive is not set in statute, which means there are no central barriers to remove the role. It only takes a simple democratic decision by the council. Several councils have done this in the past year. The statutory head of paid service role can be done by another senior officer.”

The secretary of state has also written to the LGA to “urge them to take steps to improve their performance management of senior posts” and he announced plans to strengthen guidance on the publication of pay policies.

Currently councils are advised to hold a vote on pay deals over £100,000, but Mr Pickles said smaller councils who do not have such high salaries should set a lower vote threshold and warned that ministers would regulate if councils don’t act on it.

DCLG said: “With a public worried about the cost of living and all parts of the public sector looking to make deficit savings, Ministers believe these steps will show taxpayers that value for money is being fully considered for top paid staff.”

Health experts back 20mph calls

Here’s somebody on the same wave length as me.

Story by Nick Appleyard at LocalGov.co.uk

Calls for a default 20mph speed limit in residential areas have received the backing of public health experts.
Dr Mike Knapton, associate medical director at the British Heart Foundation, has urged ministers to take action to make neighbourhoods safer and encourage children to be active by walking and cycling to school.
‘Parents want to see safer streets – the Government must change the standard speed limit to 20mph on the streets where we live, work and play,’ he said.
New research published by Sustrans found the majority (56%) of parents in the UK believe kids would be more physically active if speed limits were lowered.
A separate poll published by the pedestrian charity, Living Streets, found more than a third of adults would also walk if they felt their streets were safer and more attractive.
The Government’s public health tsar, Duncan Selbie, who is chief executive designate of Public Health England, recently used 20mph zones as an example of how public health chiefs can provide ‘visible, accessible and practical’ evidence to influence councillors’ decisions to benefit of communities.

http://www.localgov.co.uk/index.cfm?method=news.detail&id=107675

Wind Farm Noise does damage

Wind farm noise does harm sleep and health, say scientists
Wind farm noise causes “clear and significant” damage to people’s sleep and mental health, according to the first full peer-reviewed scientific study of the problem.

Research has proved there windfarms can have a direct impact on sleep and mental health (GETTY)

By Andrew Gilligan Daily Telegraph
Saturday 3rd November 2012

American and British researchers compared two groups of residents in the US state of Maine. One group lived within a mile of a wind farm and the second group did not.
Both sets of people were demographically and socially similar, but the researchers found major differences in the quality of sleep the two groups enjoyed.
The findings provide the clearest evidence yet to support long-standing complaints from people living near turbines that the sound from their rotating blades disrupts sleep patterns and causes stress-related conditions.
The study will be used by critics of wind power to argue against new turbines being built near homes and for existing ones to be switched off or have their speed reduced, when strong winds cause their noise to increase.
The researchers used two standard scientific scales, the Pittsburgh Sleep Quality Index, which measures the quality of night-time sleep, and the Epworth Sleepiness Scale, which measures how sleepy people feel when they are awake.
“Participants living near industrial wind turbines had worse sleep, as evidenced by significantly greater mean PSQI and ESS scores,” the researchers, Michael Nissenbaum, Jeffery Aramini and Chris Hanning, found.
“There were clear and significant dose-response relationships, with the effect diminishing with increasing log-distance from turbines.”
The researchers also tracked respondents’ “mental component scores” and found a “significant” link – probably caused by poor-quality sleep – between wind turbines and poorer mental health.
More than a quarter of participants in the group living near the turbines said they had been medically diagnosed with depression or anxiety since the wind farm started. None of the participants in the group further away reported such problems.
Each person was also asked if they had been prescribed sleeping pills. More than a quarter of those living near the wind farm said they had. Less than a tenth of those living further away had been prescribed sleeping pills.
According to the researchers, the study, in the journal Noise and Health, is the first to show clear relationships between wind farms and “important clinical indicators of health, including sleep quality, daytime sleepiness and mental health”.
Unlike some common forms of sleep-disturbing noise, such as roads, wind turbine noise varies dramatically, depending on the wind direction and speed. Unlike other forms of variable noise, however, such as railways and aircraft, it can continue for very long
periods at a time. The nature of the noise — a rhythmic beating or swooshing of the blades — is also disturbing. UK planning guidance allows a night-time noise level from wind farms of 42 decibels – equivalent to the hum made by a fridge.
This means that turbines cannot be built less than 380-550 yards from human habitation, with the exact distance depending on the terrain and the size of the turbines.
However, as local concern about wind farm noise grows, many councils are now drawing up far wider cordons. Wiltshire, for instance, has recently voted to adopt minimum distances of between 0.6 to 1.8 miles, depending on the size of the turbines.
Dr Lee Moroney, director of planning at the Renewable Energy Foundation, said: “The UK noise limits were drawn up 16 years ago, when wind turbines were less than half the current size. Worse still, the guidelines permit turbines to be built so close to houses that wind turbine noise will not infrequently be clearly audible indoors at night time, so sleep impacts and associated health effects are almost inevitable.
“This situation is obviously unacceptable and creating a lot of angry neighbours, but the industry and government response is slow and very reluctant. Ministers need to light a fire under their civil servants.”
The research will add to the growing pressure on the wind farm industry, which was attacked last week by the junior energy minister, John Hayes, for the way in which turbines have been “peppered around the country without due regard for the interests of the local community or their wishes”. Saying “enough is enough”, Mr Hayes appeared to support a moratorium on new developments beyond those already in the pipeline.
He was slapped down by his Lib Dem boss, Ed Davey, the Energy Secretary, but is unlikely to have made his remarks without some kind of nod from the top of Government. George Osborne, the Chancellor, is known to be increasingly sceptical about the effectiveness of wind power, which is heavily subsidised but delivers relatively little reduction in carbon dioxide.
Wind farms generate about a quarter of their theoretical capacity because the wind does not always blow at the required speeds. Earlier this year, more than 100 Tory MPs urged David Cameron to block the further expansion of wind power.
Whatever the Government decides, however, may not matter.
The Sunday Telegraph has learnt that the EU will shortly begin work on a new directive which may impose a binding target for further renewable energy, mostly wind, on the UK. There is already a target, which is also Government policy, that 20 per cent of energy should come from renewables by 2020.
But Brussels is considering imposing an even higher mandatory target to be met over the following decade, according to Gunther Oettinger, the EU energy commissioner. “I want an interesting discussion on binding targets for renewables by 2030,” he said earlier this year.
Two weeks ago, a senior member of his staff, Jasmin Battista, said that Mr Oettinger was “open to” forced targets, though no decision had been made.
The European Parliament has voted for mandatory increases in renewables by 2030 and Mr Davey has also said he favours them. The issue will be considered at a European Council of Ministers meeting next month.
Politics
© Copyright of Telegraph Media Group Limited 2012

Pickles calls for more parishes

As if to prove my point regarding Eric Pickles hatred of local government, he’s continuing his campaign to rid the country of local government, be it district, borough, county, or even unitary. I’ve long believed that the campaign to encourage quality parish councils, was part of central government’s ambitions to rid itself of the unruly brat called local government.

Let’s not forget that, unlike district councils and above, parish and town councils have to get all of their cash from local taxpayers via a precept. Also, very few, if any, of those elected to this the lowest level of local democracy, receive allowances. This combination of very limited funding, untrained and un-remunerated members and little in the way of professional staff, means that most of these councils spend their time fretting about very, very local issues, such as the length of the grass on verges or why the streets aren’t being swept more often.

Pickles and co are seeking to distract local people into thinking that they are having a real say in what’s going on locally, because they now have their own parish, or town council. This whilst also starving higher level councils of cash as a way of turning them in to no more than front men for central government policies. Westminster will then be able do what they like, without the inconvenience of being challenged by those in local government.

Given the continued uncertainty that we all suffer when it comes to our income and the cost of living, what chance is there that the people of Spalding would be willing to possibly double the amount of council tax they pay as the Spalding Special Expenses, in order to set up a Spalding Town Council?

Copied from Local Government Chronicle online 31 October, 2012 | By Kaye Wiggins

The Department for Communities & Local Government has set out a range of proposals that aim to make it quicker and easier for local residents to set up parish councils.

Following a call from communities secretary Eric Pickles to “remove red tape” around the creation of parish councils to “give local people a real sense of community control in their areas”, the department has set out a series of ideas that will be open for consultation until January.

In its consultation document, the department said: “We want to tilt the balance in favour of community groups, where there is the demonstrable support of a majority of local people. Where local people express popular support for the creation of a town or parish council, the local authority should work with the community to achieve that.”

The plans set out three possible routes to achieve Mr Pickles’ vision and are summarised below:

Option 1: Changing guidance

Guidance “could strongly encourage authorities to complete the process in less time”

It “could make it clear that the right weight should be given to what is effective and convenient for the local community, separately from for the local authority itself.”

It “could propose that as a matter of good practice, the local authority could carry out a review of a decision not to create a town or parish council if campaigners want one.”

Option 2: Legal change

The number of signatures required to force a council to consider an application for a parish council to be set up could be halved.

The DCLG document notes: “The disadvantage of this option is that lowering the threshold for a petition triggering a community governance review runs the risk that petitions which do not have sufficient community backing will be considered, potentially wasting resources or leading to the creation of a council which is not wanted by the local community.”

The timescale for a “community governance review” – the process by which a parish council would be considered – could be shortened to six months. Alternatively there could be a single limit of nine or 12 months for the whole process, from the receipt of a petition

Councils could be required to publish timescales linked to the electoral cycle, so that if a parish council is approved there would not be a delay caused by the wait for the next election.

Option 3: Neighbourhood forums

A neighbourhood forum could submit an application to trigger a community governance review, rather than having to submit a petition with the required number of signatures.

Details of funding help for councils suffering

Copied from Local Gov Chronicle online
Minister considers further funding for worst hit
30 October, 2012 | By Ruth Keeling

MPs have appealed to ministers to extend transitional funding support for a handful of councils worse affected by the government’s cuts programme.

Ministers have promised to consider the plight of a dozen district councils facing cuts of up to 29.3% in their core funding next year as transitional funding set aside for the first two years of the spending review dries up.

Graham Jones (Lab), MP for Hyndburn and one of the areas affected, said 10 of the 12 districts were among the most deprived in England and all of the dozen faced a reduction of 22% or more “despite the chancellor’s suggestion in the Autumn statement of 2010 that no authority will suffer cuts greater than 8.8%”.

Describing the scale of the cuts as “cruel”, Mr Jones called on the government to include the transition funding in the funding baseline which will be set as local government moves from the existing funding formula to a system of partially retained business rates.

Local government minster Brandon Lewis (Con) said the grant was “only ever intended as a one-off, temporary funding stream. Councils will have realised that from the fact it was referred to as a transition grant”.

Mr Lewis also said the new funding system would “create direct links between rates collected and local authority income, thereby increasing the financial incentive for local authorities to drive economic growth”, although Mr Jones argued the councils concerned would need funding to invest in the “infrastructure, skills and apprenticeships” needed for local economic growth.

The minister said the department’s consultation on the business rate retention scheme had elicited a number of responses relating to the transition funding. “I am actively considering all the views that we have received from across the piece for the need for transitional relief funding for 2013-14” in the December settlement, he told MPs.

20121030-175041.jpg

And we thought Steppinstone Bridge was bad!

Rail bridge lights out for five years and counting

A pedestrians’ foot bridge has been left without lights for five years because repairs have been delayed for safety reasons. Hampshire County Council said it was waiting for permission from Network Rail to carry out the repairs.

Telegraph p16

LGN & LocalGov Newsletter – More cuts to come

23 October 2012
Council leaders warn further cuts ‘certain’
James Evison

Further council cuts are ‘absolutely certain’, local authority leaders in the north of England have warned.
The news comes ahead of the end of the local government grant settlement next March, with the Government currently consulting on new financing arrangements beyond April 2013.
Local authorities are due to discover the settlement in December, but it is widely anticipated that a further two years of spending cuts will be required for council budgets.
Preston Council deputy leader, Cllr John Swindells, claimed the council have ‘probably cut as close to the bone as we can’ – and any further savings will result in services being affected ‘deeply’.
Durham CC leader, Simon Henig, echoed the statement, claiming the impact on vulnerable people and care budgets was ‘accelerating’ as a result of the budget cuts, and had to find in excess of £40m for the next few years.
North Yorkshire also has to find budget cuts of more than £48m having already implemented plans for a £69m reduction in costs at the beginning of this year.
The Local Government Association is warning local authorities will only be able to provide basic services at the end of the decade should the budget shortfall continue – and local authorities would end up £26.5bn in the red.
Last week Lewisham LBC mayor, Sir Steve Bullock, said it could ‘get a whole lot worse’ following an announcement the local authority planned £28.3m in cuts from next April.

your comments

Interesting to read the MJ article a few lines down, “Councils are failing to make ?fair? payments to care home operators…”. Cutting funding to the public sector is cutting business in the private sector too. That golden thread may take time for the Treasury to understand.
Dominic Macdonald-WALLACE, Shared Service Architecture Ltd, Added: Tuesday, 23 October 2012 01:11 PM

What is certain is that these cuts to funding are designed directly to force the destruction of jobs and services and is part of a plan to destroy the concept that there is such an entity as society. It is clear that the destruction of the public sector is priority number one. The future for ex public sector workers is workfare or McDonalds, since the Government clearly wants low paid low cost workers not what we currently have. I would suggest that the pain to come has been underestimated.
David Hambly, Added: Tuesday, 23 October 2012 11:08 AM

20 mph speed limits in residential areas

Final approval has been given to the implementation of 20mph zones in the London Borough of Islington, following public consultation on the issue. The local authority announced the move last November and now has agreed to fully implement the project by April 2013.

It believes the move to reduce residential streets from 30mph to 20mph will reduce the number of accidents involving cyclists, pedestrians and motorcyclists. The Metropolitan Police has already said though that it will not increase the amount of officers or resources it currently uses in the area to enforce the change.

Two of the areas busiest strategic roads, Holloway Road and Upper Street, managed by Transport for London, will not be affected by the change in speed. The popularity of 20mph zones has increased across the country in recent years following successful applications in areas such as Portsmouth. A report by the Transport Research Laboratory (TRL) for the Department for Transport said reducing traffic speed was the single most effective way of increasing safety for cyclists.

Cllr Paul Convery, Islington LBC cabinet member for transport, said: ‘Adopting 20mph on our main roads is a bold step, but there has been strong local support and we are taking a firm lead.
‘We hope and believe drivers will understand what we are setting out to achieve.’

Chief Planner could be Chief Politician

I went to East Lindsey District Council near Louth last Friday, to hear Steve Quartermain, the chief planner at DCLG, field questions from elected members about the revised planning system.

As an aside, having spent 38 years in the RAF it still feels wrong to be able to drive on to an RAF station, even a disused one, without being challenged. For those who don’t know, ELDC is based on the old RAF base at Manby and it was easy to spot the guardroom, SHQ, station workshops, the barrack blocks and of course, the sacred parade square, now desecrated with parked cars. I’m pretty sure the vinyl on the floor of the bogs (toilets to you civvies) was the original stuff from RAF days!

Steve Quartermain was on very good form as always and was able to deflect, defend, duck and generally avoid any criticism of his masters in Whitehall. As an example, given David Cameron’s recent conference criticism of the planning system (again), I asked Steve if the government actually accepted that there are over 400,000 unimplemented planning permissions across England and that if they did accept this figure, then why did his political masters keep blaming the planning system for the lack of growth?

His answer was clearly well practiced and before 2007 it would have actually been an accurate one. According to Steve, 400,000 dwellings is what is needed to satisfy about two years of new housing delivery, so councils need to continue to replenish the stock of planning permissions to meet this need year on year. That would be a good answer if we weren’t recession and if our house building industry wasn’t only managing to build just over 100,000 houses a year.

On this current performance, the house building industry is likely to take at least 3, or even 4 years, to use the 400,000+ outstanding planning permissions. Steve Quartermain of course knows this better than anybody. However, being the politically astute planning professional that he is, he threw back the historical building rate figures from when times were good, bolstered by the long term deficit figure of 3 million houses, that no government has ever managed to put a dent in and swiftly moved on to the next question.

I will however give the Chief Planner his due for being consistent on one message to the assembled members – get on with producing your Local Plan. Many of those at the meeting still didn’t seem to get the other message Steve has been giving out since the coalition government rewrote the planning rules. It’s your plan, if you don’t want something to happen, get the evidence and use that to produce your LOCAL planning policies. Conversely, if you do want something to happen, do the same thing for that goal. Too many of the members at the meeting kept basing their questions on wanting the government to produce national policies that either allowed, or prevented something. One even asked about guidance on materials to be used!

These members still don’t seem to understand that this isn’t the way it works anymore and that, apart from where the central government still wishes to impose its wishes on the nation as a whole, the rest of it is up to them.

Rubbish recycling companies are playing dirty

An important letter to all local authorities from the Local Government Association.

Judicial review of Waste Regulation: Recent press coverage

Dear Colleague,

As you may be aware, there is an important judicial review case currently under way involving a challenge to the current legal basis for waste and recycling collection.

The claimants in that case – UK Recyclate and a number of other recycling contractors – want some councils to be forced to change their arrangements at significant cost. The LGA is also a party to the case and is arguing that councils are legally entitled to retain a level of discretion to choose the appropriate arrangements for their areas.

A recent article in the Municipal Journal (MJ) by the claimants contains a number of factual inaccuracies and misleading statements. It appears to be designed to spread misinformation and persuade local authorities that the judicial review has already been decided and that they are at legal risk. The case has not been decided, and the purpose of this letter is to put the record straight.

What is at issue in the judicial review (UK Recyclate v Defra) is whether EU law requires every council to impose separate source collection of waste on its householders, outlawing co-mingled collection, or whether it permits co-mingling in appropriate cases. As you know, every local area is very different, and being forced to change to a single collection approach could have significant cost implications for many councils, and may well not be appropriate in many local circumstances.

The Government has recently made amended regulations in order to put the legal position beyond any doubt. Those regulations continue to allow for co-mingled collection where appropriate for local circumstances. They are the law of the land unless a court says otherwise. The LGA’s lawyers, and the Government’s, believe this approach is correct under EU law.

In the recent MJ article, the claimants’ lawyers attempt to tell councils that a judgment has already been made by the court and that councils which use co-mingled waste collection are now in a legally dubious position. This simply isn’t so. The judicial review is ongoing, but as yet there has been no hearing before a judge, and no finding made by the court.

As you will know, it is unusual for parties to litigation to run their arguments outside the courtroom while the case is ongoing. The MJ article therefore appears to be an attempt by the claimants to stir up local authority concern before the case even gets to a hearing, and suggests that they are arguing from a position of weakness.

It is of course in the commercial interest of the claimants that councils should move away from co-mingled collection. The LGA’s strong view is that the law permits councils discretion to make their own decisions in the light of local circumstances and in accordance with the clear legal provision made by the amended regulations.

Councils should certainly not be influenced by an inaccurate and misleading article written on behalf of parties with an obvious commercial agenda.

You may be asking yourself if there is anything you can do to influence the situation. The LGA is a party to the case and if you would like to follow events more closely and contribute, should the need arise, to developing evidence further, please do put an officer in contact with Abigail.burridge@local.gov.uk.

The LGA has also communicated with your officers about this case and will be happy to provide further information on the position.

Yours faithfully,

Cllr Mike Jones
Chairman of the LGA Environment and Housing Board

Personal note: I trust that when the dust has settled on this issue, all local authorities will consider very carefully, whether or not the companies involved in this legal action would make good partners in any future ventures.