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Tuesday 20 January 2015

A history of the East Devon Business Forum, part eight ...... "The lessons that should be learnt from the previously existing relationship between the former East Devon Business Forum and the Council..."

This month's Overview & Scrutiny Cttee will be considering the remit and scope of its task force (or 'TAFF') looking at the East Devon Business Forum:
Futures Forum: East Devon Business Forum task force to be considered at Scrutiny Cttee: Thursday 22nd January

This blog has looked at 'the history of the EDBF':
Futures Forum: A history of the East Devon Business Forum, part six ....... Scrutiny committee task force "to produce an in-depth report on the EDBF, to include all business engagement and its relationship with the council"

This last entry finished with the defining moment of the EDBF and the resignation of its Chair in the light of the Telegraph sting - which itself coincided with the publication of a very critical report of the planning process in East Devon:
Futures Forum: A history of the East Devon Business Forum, part seven ..... "The local mafia": Conflicts of interest in East Devon

A further coincidence was that the EDBF TAFF met for the second time only days after the resignation of the EDBF chair - with considerable squabbling about its remit and scope.

The first meeting in December had allowed for 'all business engagement and its relationship with the Council' to be considered:

Notes of a Meeting of the Business Task and Finish Forum held at Knowle, Sidmouth on 11 December 2012

4 Scoping report
Broadly, the issues for discussion were how EDDC engaged with business and the role historically and currently played by the EDBF in facilitating that link.

RESOLVED The scoping report be agreed as below:
Broad topic area: To produce an in-depth report on the East Devon Business Forum to include all business engagement and its relationship with the Council.

Areas NOT covered by review: 
- Individual planning applications
- Planning policy
- East Devon Local Plan
- Individual contracts between the council and contractors or suppliers

Notes of a Meeting of the Business Task and Finish Forum held at Knowle, Sidmouth on 11 December 2012

And at the March 2013 meeting there were several questions from the public and members of the Cttee about the remit and scope of the EDBF TAFF - with the conclusion that the TAFF should indeed 'consider the issue of planning':

Notes of a Meeting of the Business Task and Finish Forum held at Knowle, Sidmouth on 12 March 2013 

In the light of the conflicting views expressed regarding the Taff’s remit, the Chairman remarked that the best course of action was for the Overview and Scrutiny Committee to consider the issue of planning falling within the scope of the TaFF. 

Notes of a Meeting of the Business Task and Finish Forum held at Knowle, Sidmouth on 12 March 2013 

However, the EDBF disbanded soon afterwards.
The question remains, however, as to why an organisation has to fold simply because its chair had felt the need to go:
BBC News - East Devon Business Forum could be disbanded
Re-branded East Devon business forum disbands after councillor row | Exeter Express and Echo

There were concerns that the lobbying power which the disgraced former Cllr seemingly laid claim to was also something which the EDBF itself had aspired to if not managed to achieve to some extent:
Futures Forum: Lobbying: East Devon Business Forum

The minutes/'notes' of December 2012's meeting, referred to above, carried these concerns:

Paul Newman’s question related to the scope of the TAFF. He mentioned the background of the Chairman and Vice Chairman of the East Devon Business Forum and was concerned that the Business Forum had been used in the past as a lobby group to help get planning applications passed. The TAFF needed to investigate whether the Business Forum was a trustworthy organisation.

Tony Green a Sidmouth Resident stated that he had produced a paper on a review of the EDBF minutes. He was concerned that the TAFF’s scope excluded 2 of the key concerns, regarding the Local Plan and planning permissions. In his view the EDBF had undue influence over planning policy. He also commented on the confused legal state of EDBF which he felt had risked compromising both Councillors and Officers. This led to a number of conflicting interests. He felt that the key objective of EDBF was to lobby the Council on behalf of business. The Council needed to clarify the status of EDBF. 
Tony Green had two questions: 
The first was, if EDBF was an independent lobby group then why were Councillors and Officers working for it? 
Secondly, if EDBF was part of the Council why was the Council supporting a lobby group?

Notes of a Meeting of the Business Task and Finish Forum held at Knowle, Sidmouth on 11 December 2012

Many considered the 'official' definition of 'lobbying' as produced by the District Council CEO in March 2013 as inadequate, if not biased:

The Council’s view of the East Devon Business Forum

Debate on the role of a joint body, particularly with reference to allegations of inappropriate lobbying.

A definition of lobbying is: “in a professional capacity, attempting to influence, or advising those who wish to influence, the United Kingdom Government, Parliament, the devolved legislatures or administrations, regional or local government or other public bodies on any matter within their competence”.

January 2009 the House of Commons Public Administration Select Committee published a report 'Lobbying: Access and Influence in Whitehall' which noted, amongst other findings, that:

“The practice of lobbying in order to influence political decisions is a legitimate and necessary part of the democratic process. Individuals and organisations reasonably want to influence decisions that may affect them, those around them, and their environment. Government in turn needs access to the knowledge and views that lobbying can bring.”

Meeting of the Task and Finish Forum: Business: Tuesday 12 March 2013 at 6.00pm; Council Chamber, Knowle, Sidmouth: AGENDA 

Meanwhile, the EDBF morphed into the East Devon Business Group: 
In with the New! | East Devon Business Forum
New business group for East Devon - News - Sidmouth Herald
Will re-launch change anything? | Exeter Express and Echo

... although that did not last very long:
Futures Forum: East Devon Business Group: disbanded
Futures Forum: East Devon Business Group: the end?

... to be replaced by another body:
Futures Forum: "New group takes over from business forum" ... The East Devon Business Support Group
Futures Forum: East Devon Business Support Group... 'updated' on the draft Local Plan

The next meeting of the EDBF TAFF had been scheduled for April 2013 - but it didn't meet until June - which addressed the issue of planning:

Meeting of the Task and Finish Forum: Business Monday 24 June 2013 at 6.00pm; Council Chamber, Knowle, Sidmouth: AGENDA 

5. To note the Change of Scope of the TaFF as agreed at Overview & Scrutiny Committee on 28 March 2013:
“that the remit of the Business Task and Finish Forum include employment land planning issues (but not individual planning allocations) without delaying the development of the Local Plan or impinging on the Police investigation currently being carried out”.


This was reiterated and confirmed in the meeting itself:

Notes of a Meeting of the Business Task and Finish Forum held at Knowle, Sidmouth on 24 June 2013 

Employment land issues

The Chairman reported that the next meeting of the TaFF would focus entirely on Employment Land issues. Members were mindful that the remit of TaFF had been amended to include planning issues (minute 4 refers) but not individual planning allocations.

Councillor Claire Wright suggested that the remit of the meeting could be as follows: “To consider the appropriateness of the amount of employment land provided in the East Devon Local Plan, and the methodology for reaching this level of provision, including possible flaws in the analysis employed. To establish clearly the process by which land allocations were suggested and by whom”.

Members noted that there had been public concern expressed over the method of considering and deciding employment land provision in the Local Plan. The Chairman noted that the TaFFs remit was to look at the Council’s process in considering employment land availability but that this should not delay the forthcoming consideration of the Local Plan. It was suggested that there was no value in revisiting decisions made in the Local Development Framework meetings’ recommendations. 


The EDBF TAFF was scheduled to meet again in September 2013, but it has not met since: indeed, it has been put 'on hold':

There have been constant questions over the intervening period as to why this is the case - as well as questions about the planning process itself:
Futures Forum: East Devon Business Forum TAFF... next meeting...?
Futures Forum: Transparency and process in East Devon... a summary
Futures Forum: Lobbying: big business and big government in East Devon
Futures Forum: Crony capitalism and lemon socialism in East Devon........ The costs of "substantial growth and expanding business"
Futures Forum: The East Devon Business Forum, housing numbers and greenfield sites
Futures Forum: The East Devon Business Forum and the Overview & Scrutiny Committee: meeting Thursday 11th September: questions to be asked
Futures Forum: The East Devon Business Forum and the Overview & Scrutiny Committee: meeting Thursday 11th September: further comment
Futures Forum: Development and transparency at East Devon: "The longer this matter is kept quiet the more we think there is to hide."

And then, in September 2014, the police declared that its investigation into the former chair of the EDBF was over - a step which the District Council CEO seems to have taken advantage of:
Futures Forum: Ex-Cllr Graham Brown, the East Devon Business Forum and the District Council's CEO's pre-emptive strike against the Business TAFF
Futures Forum: "Scrutiny committee set up to look at the East Devon Business Forum, which Mr Brown chaired, should now reconsider its scope."

And yet this stance has been challenged - both in terms of information being made available
Futures Forum: Freedom of Information Requests: Ex-Cllr Graham Brown, the East Devon Business Forum and the District Council's CEO's pre-emptive strike against the Business TAFF

... and in terms of the role of the Scrutiny Cttee:
Futures Forum: Scrutinising the East Devon Business Forum... "EDDC will not separate the police investigation from the separate issue of interference in the planning process which was one of the causes of the draft local plan being thrown out."

Now the Scrutiny Cttee will be considering the EDBF TAFF at its next meeting this week - but with the agenda already clearly circumscribed: 
Futures Forum: East Devon Business Forum task force to be considered at Scrutiny Cttee: Thursday 22nd January
A bumper Overview and Scrutiny Committee agenda with some hidden gems! | East Devon Watch

There are, however, questions about the proposed 'scope':

Agenda item: 11
Subject: Business Task and Finish Forum 


Purpose of report: This report looks specifically at difficulties in the continuation of Business Task and Finish Forum. It sets out the considerations for the committee to evaluate if the Business Task and Finish Forum should continue; and if so, what form this Forum should take in terms of scope and timeframe. 

Recommendation: 1. Debate if the Forum should continue;

> Why is the debate being framed in this way?

2. If the committee agree that it should, review and agree a revised scope for the Business Task and Finish Forum with a view to completing the work by end March 2015

> Why is there so much rush now to complete the TAFF, considering that it has not met since June 2013?

Reason for recommendation: Improving communication between the Council and the business community is still desired and a revised scope for this TaFF will help deliver this, if the committee wish to see the Forum continue and complete its work.

> The District Council must ask itself why 'communication' with 'the business community' needs 'improving' in the first place.

Risk: The committee need to weigh up if public concern about the continuation of the Business Task and Finish Forum, with current membership, is of such a high level that it may be damaging to the council’s reputation to discontinue the Forum.

> The question of 'reputation' is significant: there is clearly widespread 'public concern'.

1.2 Business Task and Finish Forum Scope

1.2.1 Since the adoption of the scope of the Forum, a number of changes have taken place. The EDBF support provided in the form of administration and officer time was removed; the EDBF have since disbanded; and a number of other organisations and groups exist that are self sufficient.
> The District Council's officer has been withdrawn: Lead Officer of stalled Business TAFF to quietly disappear | East Devon Watch
> The successor to the EDBF has a one-page website: East Devon Business Support Group

1.2.2 Therefore the main topic of the scope, the EDBF and the specific areas identified to review, such as its objectives, if it is a lobby group, and if a conflict of interest existed in being a member of it, are now irrelevant.

> It is for the Scrutiny Cttee to determine whether the EDBF and 'specific areas' are 'now irrelevant'.

1.2.3 The committee may feel that there are still questions unanswered relating to the EDBF. Members are reminded that the outcome of the police investigation found no evidence worth pursuing. 


> The police invetstigation was into claims made by the former chair of the EDBF as to his supposed lobbying influence; the police investigation was not about the role of the EDBF.

1.4 Employment land planning issues


1.4.1 The Forum had already accepted legal advice that:

 It had no power to investigate planning applications (as set out in the constitution)

 Debate into individual site allocations in the Local Plan was detrimental to the process of producing the Local Plan because of the opportunities already provided in commenting on it, and the pending review by the Inspector.

1.4.2 As already set out in an earlier report in this agenda, the role of agreeing and approving the Local Plan is constitutionally placed with the Development Management Committee and full Council; it is not within the constitution for any Forum set up by this committee to revisit any content of the emerging Local Plan, including individual allocations of employment land.

1.4.3 I would recommend that the Forum leave aside any discussion on employment land and focus instead on the forthcoming Services Workspace Demand and Delivery Appraisal.


> The meeting June 2013 made the scope very clear: "The Chairman reported that the next meeting of the TaFF would focus entirely on Employment Land issues. Members were mindful that the remit of TaFF had been amended to include planning issues (minute 4 refers) but not individual planning allocations." Notes of a Meeting of the Business Task and Finish Forum held at Knowle, Sidmouth on 24 June 2013  

1.5 Revised scope

1.5.1 A revised draft scope, with input from both officers and the Chairman of Overview and Scrutiny Committee, is set out below for consideration by the committee. 

Broad topic area: To produce an in-depth report on the nature and methods of all business engagement within East Devon, the relationship between business and the Council, and how it might be improved both as regards effectiveness and transparency.

Specific areas to explore within topic area: To consider

1. The lessons that should be learnt from the previously existing relationship between the former East Devon Business Forum and the Council...

Areas NOT covered by review:

Individual planning applications
Planning policy
East Devon Local Plan
Individual contracts between the council and contractors or suppliers

> It is significant, however, that the proposed new scope does suggest that 'lessons should be learnt'.

Undertaken by the committee or is a TAFF required:

(Previously existing Business TaFF has comprised: Councillors Graham Troman, Mike Allen, Vivien Duval Steer, Claire Wright, Steve Gazzard, Peter Burrows, Maddy Chapman And Alan Dent)

> Worryingly, the current members of the TAFF (which is 'on hold' and not disbanded) are referred to as 'previously existing'. It is up to the Scrutiny Cttee to determine membership of its TAFFs and not officers.

Agenda for Overview & Scrutiny Committee Thursday, 22 January 2015
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