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> NTC discriminating against taxpayer flying England flag
gel
post Nov 25 2014, 08:12 AM
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Simon Kirby blackballed by NTC again:


NTC have no grounds for denying the allotment, leave alone hiding the reason for refusal, as
Cllr Ruwan says. And it's very green to boot.

Will this England flag man & his Airedale win out in the end, & a politician's head roll?
Perhaps he should go to the next meeting with his black & tan companion. rolleyes.gif

http://www.newburytoday.co.uk/2014/gardene...lotment-refusal
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Andy Capp
post Nov 25 2014, 10:15 AM
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It's this line, that to me is clearly disingenuous. “After careful consideration it was resolved that the town council is unable to offer an allotment to Mr Kirby at this time.” My understanding is that 'unable' means to lack the wherewithal to do something. I suspect it would be more accurate to state 'unwilling' or 'not prepared'.
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massifheed
post Nov 25 2014, 10:44 AM
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Are the council obliged to give a reason for refusal? And if so, how does one ensure they do?
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Andy Capp
post Nov 25 2014, 12:39 PM
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QUOTE (massifheed @ Nov 25 2014, 10:44 AM) *
Are the council obliged to give a reason for refusal? And if so, how does one ensure they do?

Sometimes it's lots of money, good legal council and patience. In this case I think we all can guess why they would be reluctant to let him have a plot.
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newres
post Nov 25 2014, 12:39 PM
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Can Simon not appeal through formal processes with a final appeal to the LGO?

Added after: They really are a bunch of vexatious scumbags aren't they?
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On the edge
post Nov 25 2014, 01:49 PM
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QUOTE (massifheed @ Nov 25 2014, 10:44 AM) *
Are the council obliged to give a reason for refusal? And if so, how does one ensure they do?


Arguably, yes they do, at common law at least. Otherwise they could be accused of discrimination. It would need to be tested at law, which the Council know is unlikely given the cost. As someone who used to have a very high regard for English law and the impartiality of our public servants, this sort of thing makes me distressed hoand angry. It clearly demonstrates just how far we have let our standards fall. We used to claim that our system was a remedy against petty dictatorship. How times have changed.

Yes, to most this would seem just a minor issue, but then NTC is just the lowest tier of government. From small acorns etc.

What can be done? Without a root and branch clear out; nothing. Yet some want to see more powers given to Councils like this! I hate to say it, but NTC is the reason why I don't think we English are ready for devolution yet.


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Cognosco
post Nov 25 2014, 04:30 PM
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The Council of course are unable to let Simon have an allotment again!

Just think of the consequences for them?
A precept payer that has the gall to challenge them with facts and figures that they are unable to refute and not back down to their disgusting completely unfair practices, as backed up by Trading Standards, it will allow others, that have been made to back off with their own criticism, and other precept payers that are far from happy with the NTC situation to come forward. No they have to show that it does not allow any precept payers to make complaints and win! angry.gif

I am requesting the reason just why a precept payer, namely Simon Kirby, is not allowed to take a tenancy of an allotment. The allotments belong to precept payers and the Council are Public Servants who run them on precept payers behalf therefore who else is going to come forward and demand to know the reason why?


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massifheed
post Nov 25 2014, 05:13 PM
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QUOTE (Cognosco @ Nov 25 2014, 04:30 PM) *
I am requesting the reason just why a precept payer, namely Simon Kirby, is not allowed to take a tenancy of an allotment.


Expect something along the lines of, "We are unable to comment on individual allotment application decisions." I doubt it'll make any difference whether one, or a hundred people ask the question.
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gel
post Nov 25 2014, 06:29 PM
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QUOTE (massifheed @ Nov 25 2014, 05:13 PM) *
Expect something along the lines of, "We are unable to comment on individual allotment application decisions." I doubt it'll make any difference whether one, or a hundred people ask the question.


Seems to me, NTC in breach of 7.3 -

http://www.legislation.gov.uk/ukdsi/2014/9780111113554

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The Optimist
post Nov 25 2014, 06:37 PM
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Perhaps an application in the name of the dog would stand a better chance........

Good luck to you Simon!
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Andy Capp
post Nov 25 2014, 07:44 PM
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As the council have unilaterally classified Simon as vexatious, then all bets are off.
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Simon Kirby
post Nov 25 2014, 09:20 PM
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QUOTE (gel @ Nov 25 2014, 06:29 PM) *

Looks hopeful, but no. Regulation 7. applies to decisions made by officers, not to the decisions made by committees. As far as I can see there is no free-standing duty on a parish council to give a reason for their decision.

If a decision looks unlawful, or capricious, or vindictive then the only recourse is a Judicial Review, and that's out of the question for someone like myself and really only an option if you're independently wealthy or being supported by some kind of special-interest group.

The decisions of Parish and Town Council are also not within the scope of the Local Government Ombudsman to challenge. There is still some recourse to the district council if the councillors individually are breaking the code of conduct, but not for their collective decisions.

So ordinary schmos like ourselves get the justice we're given, and we rely on town and parish council's choosing to do the right thing, and if they choose to abuse their positions then your only hope is that someone on the inside blows the whistle.


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Right an injustice - give Simon Kirby his allotment back!
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Simon Kirby
post Nov 25 2014, 09:23 PM
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QUOTE (The Optimist @ Nov 25 2014, 06:37 PM) *
Perhaps an application in the name of the dog would stand a better chance........

Good luck to you Simon!

I like your thinking. Thanks.



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Right an injustice - give Simon Kirby his allotment back!
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Simon Kirby
post Nov 26 2014, 09:59 PM
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From the Council's November newsletter:
QUOTE
Allotments are extremely popular, however, our waiting lists have reduced in recent months so if you are keen to have a go to grow your own produce, which are both naturally organic and cost efficient, please contact us.

But not me it seems.

These were the vacancies last year, and if waiting lists are reducing then I'm guessing there will be more vacancies still - certainly the Wash Common site has been actively advertising for new tenants for some time:
QUOTE
West Mills:
Vacant Plots: 3
Waiting List: 0
Wash Common:
Vacant Plots: 9
Waiting List: 0

Southby's:
Vacant Plots: 5
Waiting List: 1
Parsons:
Vacant Plots: 3
Waiting List: 0
One Tree Park:
Vacant Plots: 2
Waiting List: 2
Dairy Farm:
Vacant Plots: 3 (2 or which flooded)
Waiting List: 0


So there are plots to be had, but the Council decided in secret that I can't have one, and they won't tell me why.

I had a wry smile yesterday when I received the West Berkshire Lib Dem update announcing news of a Lib Dem bill to protect tenants from revenge eviction...


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Right an injustice - give Simon Kirby his allotment back!
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Andy Capp
post Nov 26 2014, 11:37 PM
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Héll hath no fury like a pointless, secretive, self serving, error prone institution like a local council!
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spartacus
post Dec 19 2014, 08:09 AM
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Well at least it hasn't come to blows (yet), unlike this Parish Council meeting
www.bbc.co.UK/news/uk-30536362
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Simon Kirby
post Dec 19 2014, 06:13 PM
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QUOTE (spartacus @ Dec 19 2014, 08:09 AM) *
Well at least it hasn't come to blows (yet), unlike this Parish Council meeting
www.bbc.co.UK/news/uk-30536362

Indeed.


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Right an injustice - give Simon Kirby his allotment back!
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Cognosco
post Dec 20 2014, 10:45 AM
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QUOTE (spartacus @ Dec 19 2014, 08:09 AM) *
Well at least it hasn't come to blows (yet), unlike this Parish Council meeting
www.bbc.co.UK/news/uk-30536362


Well all I can say is they are not as Choreographed or rehearsed as well as our rabble are they? rolleyes.gif


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