Quick Update
Apr 18th, 2009 by David
A letter has been sent to the ombudsman to register our disappointment at her verdict. We’ll publish the details when the ombudsman has responded. I’ve asked Bob for an update on other developments.
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I have now received a letter from the Ombudsman following my letter to them advising that my complaint has been allocated to a Ms Fleming who will consider the matter and contact me within the next four weeks. So it looks as though they are treating my complaint as a separate issue to that lodged by the Friends of Lever Park and not in support of it. The more complaints they get the better so I strongly urge everyone to write to Anne Seex, Local Government Ombudsman, Beverley House, 17 Shipton Road, York, YO30 5FZ.
Good morning Anne, thanks to my MP Andrew Gwynne, who is contacting people who didn’t reply to my emails, I have had a letter from Mr Phelim Rowe from the planning division Communities and Local Government London. The letter is in regard to an email I sent to Mr Azhar Syed on December the 1st 2008.
Because the letter is quite long I can only put a small amount of the contents on this website. Here is part of the letter, which is dated the 15th of April 2009.
“I understand, however that this matter has been referred to the local Government Ombudsman and I believe we should await the outcome of that inquiry. I am afraid that an application for judicial review, which and aggrieved person might take, should they believe that a local authority has acted unlawfully, is out of time. A claim must be made promptly and in any event, within 3 months of the local authority’s decision”
“Regarding your concerns about wildlife and bats in particular, I would like to highlight that the Government is committed to biodiversity and protecting wildlife. Indeed bats are included in Schedule 2 to the Conservation (Natural Habitats &c) Regulations 1994(known as the Habitats Regulations). Those species listed on Schedules 2 the Habitats Regulations, are known as European protected species (EPS). Under the regulations, a person commits an offence, if he deliberately captures, kills, injures or disturbs any species in Shedule 2.”
” The damage or destruction of any breeding sites is also an offence. However, subject to strict tests, it is possible to obtain a licence that allows certain activities to take place lawfully, for specified purposes, even where European protected species are present”
“Any developement or building work in England, which is likely to affect bats or any other species on Schedule 2, requires a licence from Natural England. If granted, such a licence will need to include mitigation(for instance, requirements made for alternative breeding sites or resting places)”
Mr Rowe ends the letter by saying
“However, as I am sure you will appreciated, the Secretary of State, cannot intervene, once planning permission has been granted. Although she can call applications in for her own decision, this application was not referred to the Government Office for the North West. Nor did the office receive any requests for call-in from local residents, in the appropriate time period”
“Ian Wright MP, Parliamentary Under Secretary of State for Planning, has recently written to Andrew Gwynne MP on this topic(our ref. WR/WR/009519/09)”
If anyone wants to right to Phelim Rowe here is his full London address.
Phelim Rowe
Planning System Improvement
Planning Division
Communities and Local Government
1k/10 Eland House
Bressenden Place
London
SW1E 5DU
His ref. number is 16/001230/09
Ann
If your letter as been passed to a Ms Fleming, you will probably get the same unprofessional approach that the “Friends of Lever Park” encountered. She is the investigator that dealt with our original complaint ,and who produced an unbelievable provisional view.
A view we have strongly condemned in our letter of comment.
She never considered all the documented proof we put before her office, but yet accepted hearsay and un-recorded statements from Chorley.
The content of her letter showed a complete lack of professionialism, infact her non investigation technique makes one wonder for what purpose ” Does the Ombudsman’s office exist”.
Hello Kathleen, we are working together it seems, I have also had a very similar letter from Phelim Rowe which he answered after I wrote to Baroness Andrews. I’m following up with the RSPB regarding nesting birds and bats in the area. I hope there are some because that will throw a spanner in Go-Ape’s activities.
Thanks Bob for the comments. It looks as though I will be writing more stroppy letters if I get the brush off from the Ombudsman. I’m getting very professional a stroppy letters.
I hope everyone is going to join in putting pen to paper because the more support we get the stronger our case. We live in hope.