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To All Councillors
I have sent a letter to all Councillors complaining about Transforming Telford’s discrimination against the disabled and the manner of its implementation of the Council’s garage replacement 'policy’. As advised, I consider this to be illegal and, if knowingly perpetrated, might constitute malpractice.
Transforming Telford is declaring that it has the power to dictate Council policy and that it can rule on policy matters, specifically on the conflict inherent in its interpretation of the Garage Replacement 'policy' and the Disability Equality Scheme. I venture to suggest that the company has no such power, and if the Council has delegated its responsibilities in this respect then it is clearly acting unlawfully. May I suggest that if a written policy and an unwritten ad hoc policy conflict then the obvious thing to do is to refer the matter to the policy makers - that is, the Council. I would also point out that there should be no ad hoc policies dealing with the disbursement of land and public funds.
I should like to take this opportunity to ensure that all Councillors have been presented with a summary of our argument in the above respects before they permit Transforming Telford to implement potentially unlawful policies and to ride roughshod over the public's civil rights.
Background
The Woodside Regeneration is a project undertaken for the good of the community as a whole, not solely to benefit, or profit, selected individuals within it, such as the owners of former Council garages.
Ideally, the Council needs to acquire the garages it sold some 30 years ago in order that the community as a whole might benefit from the redistribution of the land. In effect, the Council's objective is to obtain the land upon which the garages stand, as the old buildings are of no use in the regeneration. Clearly, however, the building must be purchased in order to acquire the land.
Obviously, the owners of these garages must be given a fair and just price for them, but bearing in mind that this minority of garage owners (5%) may have to suffer for the greater good of the community, and definitely not that the community, and individuals within it, must suffer for the greater good of garage owners. In reality, however, nobody need suffer at all.
Above all, as has been shown in the first phase of regeneration (Woodside West 1), the Council is not obliged to acquire garages, particularly if the owners refuse to part with them. Furthermore, the Council has shown by its intent in Woodside West 2 that if garages are required in order to benefit the community then they will be compulsorily purchased (e.g. Garage 4, Warrensway).
We have been informed by the external auditors, KPMG, that the Council just happens to have mislaid all the paperwork concerning the valuation of individual garages and all accompanying correspondence with the owners. However, the Council clearly failed to inform KPMG that we had obtained a statement from the Council's legal department concerning the valuation of Garage 4, Warrensway, as a result of the proposed compulsory purchase.
The price being paid in July last year for two garage plots and an old garage building was £4,500. It is possible, therefore, to place an estimated value on a garage building and the plot upon which it stands. Given the unlikely event that a dilapidated old garage might be worth the same as a valuable piece of land in short supply, the value of garage and land might be put at £3,000. In the case of Garage 4, Warrensway, at maximum:
2 x £1,500 + £1,500 = £4,500. Ergo, a garage building and its plot would be worth £3,000.
However, it is more than likely that the land would be of much greater value than the building. It certainly is to the Council, as the building is of no use (to be demolished) but the land needs to be acquired in order for it o be redeployed. So, for purposes of demonstration, I shall place a nominal value of £500 on the garage and a value of £2,000 on the land upon which it stands. In the case of Garage 4, Warrensway, a more likely allocation is:
2 x £2000 + £500 = £4,500. A garage building and its plot are worth £2,500.
We are, therefore, in a position to quantify and compare the options offered to garage owners but, before doing so, it may be useful to consider the conditions affecting the development of a policy with respect to garage acquisition and land distribution.
1. When residents purchased their garages they obtained a ‘garage’ in two parts:
i. A garage building or ‘shell’
ii. The plot of land upon which the garage stands.
2. At time of purchase, no promises were made that the garages would not be required in future projects to the benefit of the community or that the needs of the community, for the greater good, might result in compulsory purchase.
3. When the Council re-acquires these garages it needs to obtain:
i. The plot of land, so that this may be redeployed
ii. The garage building so that this may be demolished.
4. The garage owners must not be put out of pocket in the transaction and some amount of leeway might be expected and acceptable as an inducement to surrender the property.
5. Apart from the above, garage owners must not be singled out for preferential treatment, which would be in contravention of the Council’s Code of Conduct for Members. Contravening the Code, which is embedded in the Constitution, would render such acts unconstitutional. Furthermore, as the Code emanates from an Order from the Secretary of State for Communities and Local Government, by Statutory Instrument, contravening the Code is unlawful.
6. Regeneration is a project for the greater good. Land distribution must be undertaken with this in view and also bearing in mind the requirements of other Council policies, for example, with respect to the disabled (Disability Equality Scheme and Disability Discrimination Act).
7. Land distribution must be equitable and consistent, and all designs must comply with the Council’s stated objective of acting ethically, morally and, therefore, legally at all times.
8. As required by the Code of Conduct for Members, policies must be in written form for review by monitoring and other bodies. This permits Councillors to review the specifics of Cabinet policy decisions and the means to challenge them on matters of legality. Formal statements of policy also permit the creation of associated procedures, renders the policy auditable and provides the public with knowledge of policy enacted on its behalf, with the ability to challenge implementation contrary to such specification.
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