My complaint response reply 16.11.2009

Thanet District Council freedom of information act requests | home

Hi ****** yes please pass it on up the line, I have numbered up your response and put it below, to make it easier to follow what I am unhappy about, here are the details.

1 The public meeting at Albion House, this was a drop in session really rather than a meeting and went on for most of the day, I went under the impression we were getting the original tin roof, wasn’t shown the ribbed rubber roofing material and left with the impression as I imagine a lot of others did, that we were getting a grass roof. I haven’t ever seen the rubber stuff only heard it described.

Is it in someway seagull proof? Perhaps they bounce off or something.

I am not happy to accept that there has been no material change from the gull winged development that passed planning, the plans now are very different, can you please explain the criteria for material change?

2 My understanding is that blocking the public footpath without prior public notification is illegal, I am certain that there were no notices placed in the vicinity of the site as I walk past it every day.

No one at KCC seemed to know anything about it when I asked them.

My main concern here is, that if the council is to allow the developer to act illegally, there may be other aspects of the development that have been illegal or that it is the council’s intention to allow the developer to perform future illegal acts.

3 The changes to the plans have been so significant since the planning and design statement was written, I believe for the 2002 concept but attached to the 2003 plans and the artists impressions (site photos they are called on the application) for the 2003 plans that I believe these are misleading.

To expand on this you now have pictures published of a building with sloping zinc roofs, to illustrate plans for a building with flat rubber roofs. One of the site photos shows the pedestrian access steps and bridge to the cliff top, that the EA considered so important for pedestrian escape and has now been removed, from it certainly would appear that there was a safe dry escape for people to escape in the event of a RIZ situation.

Please could you ensure that this misleading information, on the council financed planning website is revised?

4 My understanding is that this is being brought forward as a council supported and partly council financed development on council owned land, I gather that the council has already had to borrow £300,000 to finance an overspend on the project.

As such the project would be exempt from a planning agreement but as such is subject to the council being obliged to supply information about it.

I don’t think you can really have it both ways, can you please either provide the public information or give me access to the planning agreement under the foi act?

You must be aware that the council has already spent over £1,000,000 on this project and so must be accountable to taxpayers in a completely different way to how it would be with a solely privately funded project.

5 When I asked for temporary use of the site for leisure and parking before last summer season, I was informed by the council, that the developer intended to commence groundworks and construction of a surface water drain during the summer ant that they would need the part of the site that was boarded off for that, now they have boarded off a much larger area.

Can you please supply me as foi request, details of what these works entail and what part of the site will be effected during 2010?

This will also be useful as I am interested in what surface runoff will go into the inner basin, I am particularly interested in runoff from car parking and rubbish collection areas.

You have to appreciate that there have been so many start dates for this developer that unless I have some sort of firm documentary evidence that the council will act decisively at some point when some date is not met I intend to pursue this matter rigorously.

6 Please see this as my request for further review and provide me with a firm date by which I can raise it to ombudsman level.

Best regards Michael

http://thanetonline.blogspot.com/

http://www.michaelsbookshop.com/

http://www.thanetonline.com/

Customer Feedback Reference:12047/1131422

Thank you for your recent communication which was received on 02/11/2009

I am sorry that you feel that this proposal has not been the subject of

sufficient public information. With regard to the specific issues you

raise I can comment as follows:

1 The materials for the development are the same or of the same type as

those shown at the public meeting on the scheme. The plans have not

changed materially to those displayed at the meeting and the roofing

material is as shown at that meeting. There was discussion over the

possibility of use of a grass or other natural roof, however concerns

relating to the exposed location and seagulls being attrcted to the roof

resulted in this option not being pursued.

2 At the time of the meeting I do not believe that there was a development

partner formerly in place. We have encouraged the developer to establish

some form of regular liaison meeting to keep local people appraised of

the progress of the evelopment and it is my understanding that this is

the intention. Clearly this did not happen in relation to the erection

of new hoardings, the developer will be requested to ensure there is

liaison in the future.

3 There are up to date plans and elevations of the development on the uk

planning web site. I can ask the developer to update these, no doubt

this will be a prerequisite of any marketing strategy.

4 In terms of the provision of public information on the Councils web

site, we only have general information of the developers intention

related to timescales for the commencement of stages of the site

development, the detailed information is very much within the remit of

the developer, subject to certain performance requirements within the

development agreement, which I am informed by my legal colleagues is not

a public document. All recent reports on the agreement have been

considered out of the public domain.

5 I understand that the developer intends to commence groundworks and

construction of a surface water drain in early 2010, with commencement

of the structural frame in 2011, with the aim for completion in 2014,

however this is not definitive

We hope that this resolves the matter to your satisfaction.

6 If you are not happy with our response, you may write to us with your

reasons within the next ten working days, requesting a further review.

In order for us to respond as efficiently as possible, please ensure

that you quote the above reference number and address your communication

to Pauline Davis - Customer Feedback Co-ordinator, Regeneration

Major Developments Manager