South Staffs – A totally predictable ‘clusterf###k’ Local Plan Examination

Lots of good points in here, worthy of note for anybody working on their Local Plan now. Too late for us to make any changes (not that we need any, actually that’s up to the inspector to decide for us) as our examination in public starts on 10 Oct in Boston. It’s a public meeting so anybody can attend and listen to the proceedings.

Decisions, Decisions, Decisions

Amongst the names of local authorities that are heading for disaster and have plunged over the cliff despite all warning there are a few sad cases, one that always come up are the likes of St Albans, South Oxfordshire, Erewash and yes South Staffs – all of which think they have a duty to obstruct and stick two fingers up to all of their neighbors.

They have taken advantage of the fact they have a core strategy (without allocations) adopted in 2012 before any overspill form any adjoining area, Black Country, Brum, Stafford, Cannock Chase or Wrekin was set; taking advantage of recent case law (including Cooper Estates v Tunbridge Wells BC [2017; EWHC 224 (Admin)]; Oxted Residential Ltd v Tandridge DC [2016; EWCA Civ 4140]; Gladman Development Ltd v Wokingham BC [2014; EWHC 2320 (Admin)];) that an allocations plan following a recent core strategy does not have to examine…

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Impeach Juncker and make Booker our chief negotiator

Once again, I’ve shamelessly borrowed from Christopher Booker’s writings in the Sunday Telegraph.  He seems to be one of the few, both inside and outside of the political arena, with any real grasp of the issues.

Juncker in breach of his own treaty

By nominating a chief negotiator for Brexit, Jean-Claude Juncker has acted in breach of treaties.
We may be getting used to the idea that senior Tory Eurosceptics seem to be woefully ignorant of all the legal complexities involved in extricating us from the EU. Rather more surprising, however, is the blatant disregard being shown for EU law by no less a figure than Jean‑Claude Juncker, the President of the European Commission.
On July 27 Juncker announced he had appointed Michel Barnier, a former commissioner for the internal market, to be “Chief Negotiator in charge of the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 of the Treaty on European Union (TEU)”. They do like their initial capital letters in Brussels.
What no one seems to have picked up on, however, is that under Article 50 of the TEU and Article 218 of the Treaty on the Functioning of the EU, Juncker had neither the right nor the power to do anything of the kind.
First, reading these two articles in conjunction, it is clear that the EU’s chief negotiator can only be appointed after a state wishing to leave the EU has invoked Article 50, thus setting the negotiating process in train.
Secondly, Article 218 makes it clear that the Commission can only make a recommendation as to who “the head of the Union’s negotiating team” should be. The appointment itself must be made through a formal decision of the European Council, consisting of the heads of state and government of the other EU members.
Thus, in personally nominating Barnier as chief negotiator, Juncker was not just jumping the gun, he was acting wholly ultra vires, in flagrant breach of the treaties he is sworn to uphold.
It might seem extraordinary that the EU’s most senior official should break the law like this. Perhaps when Theresa May next meets her fellow members of the European Council in September, she should ask them as politely as possible whether they are happy for the president of the Commission to usurp their authority in this way.

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Of course, this is why Juncker acts in this high handed and arrogant manner.  He clearly believes that the democratic element of the European model, is an inconvenient and frustrating obstruction to his vision of a European superstate.

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