Dear Ms Gardner, I write further to our recent exchange of e-mails in connection with the Duke of Lancaster Appreciation Society (the “Group”) complaint against Flintshire County Council which has been passed to my office for consideration in accordance with Step 2 of the Council’s complaints procedure. The Group make a number of critical comments (e.g. the Council failed to acknowledge planning permissions already exist for the site) and also seek more information (e.g. to see plans and background documents to the planning permission for the Funship Enterprise). I have considered the information submitted to the Public Services Ombudsman for Wales and subsequent information sent to me by e-mail. In addition, I have also discussed key issues with officers from the Council’s Environment Directorate. I understand the Group was established with the intention of restoring the Duke of Lancaster and regenerating tourist activity at the Llanerch-y-Mor dock. The Group say a fundamental reason why the project has not progressed is because the Council claim fire engines are too heavy to cross the Glan-y-Don Bridge for access to Llanerch-y-Mor dock. The Group complain the Council has refused to justify its claim or justify where they got their information from. I have found no evidence to clarify the extent or nature of the Group’s proposals for the Duke of Lancaster and regeneration of the Llanerch-y-Mor dock. The Group has not submitted a planning application to the Local Authority, or sought to enter into pre-application discussions based on indicative proposals but officers have endeavoured to provide full advice based on the very limited information made available e.g. the Group has received a copy of the Hyder Report commissioned by the Council to provide background information with which to move forward with potential plans on proposals. It appears that the Hyder Report has not been used as intended, but has instead led to criticism against the Council and debate over its content. I do not intend to investigate the content of the report but would say that the Hyder Report was commissioned by the Council and the brief was agreed with the owner and his Agent; the intention was to inform what development potential exists for the site in relation to the present planning context. If you disagree with the report findings and recommendations, then the Group may wish to consider commissioning its own study. In reply to the Group’s view that the project has not progressed because the Council claim fire engines are too heavy to cross the Glan-y-Don Bridge, I refer to the Chief Executive’s definitive position statement dated 30 August, 2013. This statement clearly sets out the position in relation to the Glan-y-Don Bridge and explains that Network Rail have put a weight limit on the Bridge and gives contact details should the Group wish to pursue bridge access permission. I note the Chief Executive’s statement is supported by Network Rail who also said in an e-mail to Mark Isherwood AM (17 September 2013) that there is a weight limit in place. The Council is willing to facilitate direct discussion for the Group with Network Rail if it will assist the Group with their enquiries. In reply to the concern that the Council has failed to acknowledge planning permissions already exist; due to the passage of time planning legislation has developed and changed and there are new issues such as wildlife designations and TAN 15 advice which must be considered when dealing with potential plans for the site. The Group is welcome to make a submission to the Council to explain how it believes the existing planning permissions are valid and you may wish to seek independent advice in respect of this matter. Otherwise, any future plans for the Duke of Lancaster or regeneration of Llanerch-y-Mor dock may require planning permission. The Group may submit an information request to the Council by e-mailing [email protected]. The request should detail what documents the group wish to access and this will be considered by a Freedom of Information officer. Having considered correspondence and following discussions with officers, I would like to take this opportunity to propose a meeting to discuss potential plans the Group may have for the ship and surrounding area. I understand previous efforts to meet have not been successful, as agreement could not be reached on the agenda’s content, but I would urge the Group to consider this offer in order to resolve concerns. You are welcome to invite your own professional advisor or seek support from Planning Aid Wales who are an independent registered charity who provide free, professional and impartial advice and support on all aspects of land use planning in Wales. Further information can be found on their website planningaidwales.org.uk If the Group is dissatisfied with my response then you may complain to the Ombudsman. The Ombudsman is independent of all government bodies and can look into the Group’s complaint if it believes that it has been treated unfairly or have been disadvantaged by a service failure on the part of the Council. The Group can contact the Ombudsman by telephone 0845 601 0987 or e-mail [email protected] Alternatively, the address is Public Services Ombudsman for Wales, 1 Ffordd yr Hen Gae, Pencoed CF35 5LJ. Yours sincerely, Corporate Complaints Officer ____________________________________________________________________________________ Customer Services Team | Y Tîm Gwasanaethau Cwsmeriaid Corporate Services | Gwasanaethau Corfforaethol Flintshire County Council | Cyngor Sir y Fflint ___________________________________________
Posted on: Wed, 19 Mar 2014 07:47:20 +0000
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