High Court quashes green belt decision

Wychavon District Council has won an important High Court ruling that will help protect valuable green belt land.

The case in question was dealt with in the High Court in London yesterday (19th December 2007). The judge, Mr Justice Mitting allowed the Council’s appeal and quashed the decision made by the Planning Inspector on the 5th February 2007, to grant planning permission to Mr and Mrs Butler for a Gypsy site on green belt land at Bywater Farm in Upton Warren.

Prior to the hearing, the Secretary of State accepted that her Inspector’s decision was defective and consented to judgement. However, the case was opposed by Mr and Mrs Butler, who were represented by the Community Law Partnership (Birmingham solicitors) and Mr Stephen Cottle, barrister.

In the end the judge accepted the submissions of the Council’s barrister, Mr Robin Green, that the Inspector had approached the matter in the wrong way and that his reasoning was flawed. The case is important because, if the decision had gone against the Council, it would have been very difficult for the Council to reject any future planning applications by Gypsies in green belt areas.

Cllr Judy Pearce, Executive Board member responsible for planning, housing an health said: “I am pleased that the Council’s action in bringing this to the High Court has been vindicated.  This is an important decision in enabling us to protect the green belt in accordance with national Government policy. But I am mindful of the difficulties Gypsies can have in finding suitable sites.”

The planning appeal will now be considered afresh and there will be a further Local Inquiry in a few months’ time.

Car parking charges will increase

Car parking charges will increase by 20p per hour further to Full Council last night (11 December) and will come into effect on 1st April 2008.

This is the first increase since 2004 and will ensure that the council has a healthy financial future and is able to continue to provide excellent services to the residents of Wychavon with an extra £500k a year.

Bob Banks, Board Member for Resources, said: “We accept that no-one likes to pay higher charges but we think this increase is preferable to cutting services or increasing council tax. Evidence suggests that parking charges don’t adversely affect footfall in towns – what’s more important are the shops that are on offer.”

In a recent survey, a representative sample of residents were asked how they would spend their council tax and this was one of the areas they said they would be happy to see a price increase, in order to keep key services strong.

Report on flooding

A report out last week by Wychavon’s Overview and Scrutiny Committee highlights the work and areas for improvement for the Council in response to the summer flooding.

The report highlighted the quick response from Wychavon, who set up 5 rest centres and accommodated, fed and supported 850 people over the Friday and Saturday nights. 101 Wychavon staff, and many members worked throughout the weekend with the voluntary sector in rest centres, filling sandbags, keeping the phone lines open, supporting other organisations and a variety of other tasks.

Councillor Martin King, Chairman of the Flood Review group said “This is a very important report and provided independent review and challenge to the council of the way it handled the flooding. We have many things to celebrate, but as is usual at Wychavon, we are very keen to learn how we can improve in the future.”

Areas for improvement include continuing to update our Emergency Plan, a single point of contact for the telephone helpline, strengthening relationships and communications with partners – including Housing Associations, Severn Trent, County and Parish councils.

Councillor King, continued “Whilst we hope that we never again have flooding or similar emergencies to deal with like that again, but if we do we are confident that these recommendations will improve Wychavon’s response so we can provide an even better service for our resident’s – the people we’re here to serve.”

High level meeting on floods

Wychavon’s leader, Paul Middlebrough and Managing Director, Jack Hegarty met with the Flood Recovery Minister, John Healey MP on Monday in London.

The meeting was arranged by the Minster to discuss the ongoing effects of the summer floods on residents and was attended by the authorities most badly hit including Hull, Doncaster, Gloucester, Tewkesbury and Wychavon.

At the meeting Paul presented John Healey with a copy of Wychavon’s recently completed flooding scrutiny report, which he said he would read with interest.

The meeting was also attended by Director of the Association of British Insurers as the Minister was keen to see how the insurance industry was coping.

Paul Middlebrough said “We used the meeting to raise concerns on behalf of residents who had experienced difficulties with contractors appointed by loss adjusters. We also expressed concern about residents having to live in caravans over the winter months and what help the Government could offer. We still have about 350 households yet to return to their homes in Wychavon, so we look forward to some positive action as a result of the meeting.”

Safety fine for Droitwich business

A Droitwich businessman has been fined £700 (including costs) after failing to keep his premises safe for staff and customers.

Mr Jaspal Singh, owner of Queens Fish Bar, 13 Queen Street, Droitwich was fined by Magistrates in Worcester on Wednesday 5th December 2007.

Officers visited his premises in March 2007 and found that he had failed to comply with an enforcement notice that had been issued some 4 months prior. Advice had been given but had not been fully acted upon.

The court heard that Mr Singh had failed to repair a damaged dishwasher power cable and had been warned about other damaged cables on the premises.

Ian Andrews, Environmental Health Officer said “Our first priority is to keep the people of Wychavon safe. We never like taking people to court and it is always a last resort, but where businesses have failed to take on board our advice we have no choice, as the safety of staff and customers has to come first.”

“Employers can take simple steps to ensure they don’t find themselves in this position. We are available to advise local businesses, and whilst the vast majority of traders keep to the law, those who don’t should be warned. A conviction can mean that a serious financial penalty is imposed as well as a loss of reputation.”

If residents or businesses are worried about unsafe premises or would like further advice please call 01386 565015 or visit www.wychavon.gov.uk/es

Fly tipping fine

Residents are being reminded to check that contractors removing waste from their property have a license to do so after an Evesham resident was fined last week.

Mrs Diane Smith, 10 Martin Avenue, Evesham appeared at Worcester Magistrates Court on Wednesday, 28th November after Wychavon found items of household waste fly tipped at a farm in Pinvin.

Mrs Smith pleaded guilty to the charges and accepted that she had paid some men to remove waste but claimed that some of what was later found she had not intended them to take. She was fined £175 and ordered to pay costs of £150.00.

Dave Roberts, Environmental Crime Enforcement Officer said “We never like to fine residents, but we have a responsibility to protect the environment and urge residents to check any rubbish removed from their property is done by a licensed contractors. If in doubt call the Environment Agency on 08708 506 506 or Wychavon on 01386565186.”

On this occasion Wychavon weren’t able to find the men who dumped the waste but urge residents to continue to check licenses of those taking away waste from their property as this is their responsibility.