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NTC discriminating against taxpayer flying England flag |
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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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Nov 25 2014, 01:49 PM
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From: Newbury
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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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Know your place!
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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! 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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Vexatious Candidate?
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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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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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Nov 25 2014, 09:20 PM
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From: Wash Common
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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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Nov 25 2014, 09:23 PM
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From: Wash Common
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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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Nov 26 2014, 09:59 PM
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Advanced Member
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From: Wash Common
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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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Dec 19 2014, 06:13 PM
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From: Wash Common
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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-30536362Indeed.
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Right an injustice - give Simon Kirby his allotment back!
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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-30536362Well all I can say is they are not as Choreographed or rehearsed as well as our rabble are they?
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Vexatious Candidate?
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