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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
These two books are the perfect starting place to help you get to grips with one of the most vitally important aspects of our society - our homes and living environment.

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  1.  
    But it will never be independent, either chosen and paid for by the developer or chosen by the Planner then paid for by the developer. Better to get a professional (planner, EHO, whatever) to assess the bias of the report - I would have a huge problem in paying for an expert/company chosen by a Local Authority, for one it's not their money and the majority of people in LA have almost no concept of value for money. You simply cannot have a Local Authority imposing a particular expert/company on you at your expense - goes against so many EU anti-competition, anti-corruption rules it would make the Chief Officers head explode.

    I also have a huge problem with fly-by-night developers who, for example, go and buy a sound level meter and undertake an ETSU rating assessment "in house". It's the job of the Planners to require "Competent" persons to undertake technical exercises or reports, trouble is that because they themselves are no longer qualified to the "Competent" level they never do. The Planners job is to assess an application, if they cannot do that, then they have to pay someone who can. :devil:
    •  
      CommentAuthorSteamyTea
    • CommentTimeNov 8th 2012
     
    I may have mentioned this before on other threads, but should it also be up to any objectors to do their own research to disprove any issues they have with the planning department and developers. If this involves them paying for their own wind or sound survey and having it professionally analysed, then that is what needs to be done. They can't claim that they will loose money having it done as either:
    1. There will be no developmental and their property will have the same market value
    2. The developmental does not cause a problem and their property will have the same market value
    • CommentAuthorCWatters
    • CommentTimeNov 9th 2012 edited
     
    You clearly have no idea of the costs involved. A simple set of 10 photomontages produced by an Architect to the required standard costs £10,000 or more. How much do you think a landscape experts charges to attend a two week appeal hearing? A noise expert? A barrister?

    Oh and good luck asking the developer if you can put your own 10m wind speed monitoring mast on their site to correlate with the background noise monitoring you are going to do.

    They can't claim that they will loose money having it done as either:
    1. There will be no developmental and their property will have the same market value
    2. The developmental does not cause a problem and their property will have the same market value


    You have that all wrong. In both cases they loose money...

    1. To realistically challenge the development at appeal costs >£60K. More if you want the challenge on some technical grounds. So even if they prove their case they are likely to be at least £60K and two years worth of spare time down. Costs are almost never awarded against the developer.

    2. The development goes ahead and their house price _WILL_ be affected.

    This has been proved now. Only recently the ASA ruled that a wind farm developer cannot claim there will be no impact on house prices. Something that every estate agent has known for years.

    In contrast the developers can play the lottery.. The can afford to submit multiple applications knowing that the profits they make on the half that are approved will more than cover the expenses of those refused.
    •  
      CommentAuthorSteamyTea
    • CommentTimeNov 9th 2012
     
    So we are again back to one set of rules for one and another set of rule for another.
    So what is the solution, stop all developments? The BANANA route.
  2.  
    I can do you photomontages for much less than £10k using Digital Terrain Modelling Software.
    You need to shop around/haggle at those prices.
  3.  
    Get enough professional planning officers to do the job properly in the first place. If that means increasing application charges, so be it.

    The system is over loaded with speculative applications where the developer does not have the finances to install a turbine but hopes to get them once planning is in place, they just have some hapless landowner on board. How many Ltd Cos have sprung up doing this? The Planning Authorities need a clear policy and proper staffing levels to weed out the chaff.

    And you don't need to be an Acoustic Consultant to point out that the ETSU rating assessment hasn't followed the procedure or used the appropriate equipment - you just need the planning officer to give a t.ss. :cry:
    •  
      CommentAuthorSteamyTea
    • CommentTimeNov 9th 2012
     
    You could draw some circles around the development and contact all the residence for an opinion, would cost less than £10,000. Do some stats on the replies and then you would know if you are going to have a fight on your hands.
    This could be put into legislation.
  4.  
    Yes, I noted on the planning application forms there is a box "Have you consulted your neighbours?". Does seem a bit pointless because you could just say "Yes" regardless, who's gonna check.The planner is too busy.

    Be better for the Planning Auth. to write to neighbouring properties - In our case the Planners put up some Notices, not at the site but on posts around the neighbourhood. You couldn't actually tell where the development site was - most got in wrong by at least 1km. As I keep saying - get professional planning officers not some spotty youth from the local Tech! I mean how hard is it to put a site Notice "in a prominent position on the site boundary"? Harder than I first thought, obviously.
    •  
      CommentAuthorted
    • CommentTimeNov 9th 2012
     
    Barrister for a hearing is from £2k a day plus expenses. More for a QC.
    • CommentAuthorseascape
    • CommentTimeNov 10th 2012
     
    Having been part of a campaign to fight both a water company (successful on 3 counts) and a mast company (unsuccessful) we used the FOI to get important information being denied - you waste too much time otherwise. We sent a short letter stating our requirements for information under the FOI, cc'd to various interested parties. (Don't bang on about your opinions in the letter or use the FOI for silly bits of personal info etc).

    The applicants always provide the reports in their submission - the idea being that the 'experts' are independent anyway...everybody knows this is flawed but it's the way it's done - if found to be the applicant says they employed 'a recognised expert in the field', but the report is open to challenge...', that way they distance themselves from blame.

    Unfortunately, unless you have money, the objectors have to do the research. We got individuals to deal in specifics ie noise/odour/engineering/planning/publicity etc. We attended various planning appeals/call ins to see what happens and how to argue and found out how to participate. We pinched or copied various expert proofs so we knew how to present our own research. Through this process we also learnt when to release information or withhold it to our advantage.

    We consulted a planning lawyer for a couple of hours in the beginning - he said it's going to be difficult but a well
    informed layman can be as effective as a professional expert who is just 'doing a job' - one of many.

    You wouldn't believe how many mistakes the experts made or just left facts out. The 'environmental planners', used by the applicant, lied and used underhand tactics to diminish us - truly awful. However, after it was all over I had lunch with them - all very nice people - it's just a job to them.
    •  
      CommentAuthorted
    • CommentTimeNov 10th 2012
     
    Posted By: seascapeYou wouldn't believe how many mistakes the experts made or just left facts out. The 'environmental planners', used by the applicant, lied and used underhand tactics to diminish us - truly awful.


    Similar experience here. But certainly not what I would call 'professional' behavior unless standards have slipped in the past 10 years.
    • CommentAuthorwindy lamb
    • CommentTimeNov 10th 2012
     
    Ted,
    Standards have slipped!
    •  
      CommentAuthorSteamyTea
    • CommentTimeNov 10th 2012
     
    It is a shame that standards are not adhered to, would make life so much easier for everyone. Part of the problem is that the marketing and PR people are now involved.
    • CommentAuthorJonti
    • CommentTimeNov 11th 2012
     
    Posted By: seascapeThe 'environmental planners', used by the applicant, lied and used underhand tactics to diminish us - truly awful. However, after it was all over I had lunch with them - all very nice people - it's just a job to them.


    The system requires all parties to be open and honest to work. The problem is that 'environmental planners' used by the applicant have a mandate to get the plans passed and are not independant. Just one of the reasons why the system does not work.:cry:

    Jonti
    • CommentAuthorseascape
    • CommentTimeNov 11th 2012
     
    Agree Jonti

    I can still remember the Environmental Consultant telling us in a sympathetic, confidential way that as the planners had recommended the the scheme for approval there was nothing we could do - stupid of them really because we found out the next day that this was not the case but it set the tone for the rest of the campaign.

    At times it was amusing - ie water company executive put £50.00 in our campaign bucket trying to be friendly - didn't bother to read the info. They had one supporter, who fortunately for us was a racist. At a site meeting we were all allowed to 'have our say' and he started banging on about what a wonderful scheme it was and it was only the b....y imigrants.....etc. There was a stunned silence until the local journalist asked for the water company's response...

    CWatters: Re your NDA situation - it's absolutely ridiculous. Firstly, the developer is providing a public utility infrastructure service - that's the only reason for their existence. The reasons why this would be advantageous to the public and themselves, described in the planning app/noise reports etc, should all be available for public scrutiny. Indeed, they may well be receiving incentives from the public purse to provide these services.

    Secondly, one aspect of denationalisation, which concerns governments of all parties, is the lack of competition, as it was one of the main drivers of privatisation. So what you have here is a private company withholding certain
    information in order to stop potential competition - it may well be ok to do this in the normal business world, but not in the case of a public utility service.

    If it were me I would write to my MP, the head of which ever Govern Department monitors all this, the PM and Prince Charles, the Head of Planning and the Planning Committee Chairperson and the Developer. I would send the same polite, concerned and to the point letter to all of them on the same day - cc all. See what I got back.
    • CommentAuthorseascape
    • CommentTimeNov 11th 2012
     
    I'm getting cross now - just thought of another thing re this NDA - it's stopping you being an effective participant - not very democratic - very heavy handed, strong arm tactics.
    • CommentAuthorCWatters
    • CommentTimeNov 12th 2012
     
    Posted By: seascapeHaving been part of a campaign to fight both a water company (successful on 3 counts) and a mast company (unsuccessful) we used the FOI to get important information being denied - you waste too much time otherwise. We sent a short letter stating our requirements for information under the FOI, cc'd to various interested parties. (Don't bang on about your opinions in the letter or use the FOI for silly bits of personal info etc).


    Were you able to use the FOI Act on the Water Co? I thought it only applied to government ?
    • CommentAuthorseascape
    • CommentTimeNov 12th 2012
     
    No, we did it via various government departments, so I guess your local planning department and /or department for environment as it's to do with wind - do both (?) and make sure you cc the developer and the landowner.

    If you google FOI you will see there is a grey area re 'hybrid public authorities'. From my brief search it seems this has not been resolved and at present does not include energy providers.

    At the same time write to your MP/PM etc (as listed above) explaining the facts, as what you have described is a bigger issue than just the planning app. Often 'powers that be' have no idea what's going on and need to be informed in order to ensure an open, honest process - here the applicant is attempting to silence you, depriving you of free speech. The tone of the letter should be concerned and enquiring, rather than inflammatory.

    At some point, after we'd done all the above, info was no longer withheld - we were on the 'water map' and the case was being watched from afar.

    Doesn't mean you will win of course - it's good to have an alternative site/suggestion in mind as wind farms should be part of the renewables mix. We had a slogan 'Right Treatment Right Place' and had a very good case.

    hybridhttp://www.freedomofinformation.co.uk/content/view/38/45/ - I found this which is interesting as it's looking at the FOI from private company's point of view.

    Good luck!
    • CommentAuthorCWatters
    • CommentTimeNov 14th 2012
     
    Posted By: seascapeNo, we did it via various government departments, so I guess your local planning department and /or department for environment as it's to do with wind - do both (?) and make sure you cc the developer and the landowner.


    Thanks. Our problem is that the planners can't get the information I want either. Only the developer and the DNO have it.
    • CommentAuthorseascape
    • CommentTimeNov 14th 2012
     
    This sort of thing happened to us - nothing will happen until you send the FOI to the planners dealing with the application - this will formalise the rejection, and may well help your planners. At the same time write to Theresa May and the head of DECC/ DEFRA/your MP explaining that despite The Secretary of State's advice you are being asked to sign NDA etc and could they clarify matters.

    I can understand when bidding for a proposal this information could be considered sensitive, but having won the bid fairly, it really doesn't stack up. The applicants should be willing to share their information, if only to blow you away.

    http://www.number10.gov.uk/the-coalition/the-government/
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