Steve Ball - Neath-Port Talbot Council Planning Department Complaint

19/3/2020 - Email from Dai Richards to Nicola Lake, Planning Neath-Port Talbot Council - no reply so resent on 29/3/2020 with Simon Knoyle addition (20200319a-EM-RICD-NPTC-enzo3)

I have copied Councillor Simon Knoyle to this email and would ask that he (Councillor Knoyle) please establish the reason why you (Nicola Lake) have not replied and that he record the images showing the condition of the planning notice placed in my garden. I would also ask if Councillor Knoyle could please establish whether or not the council have acted illegally in placing this notice on private property.

30/3/2020 - Email from Nicola Lake to Dai Richards - reply that the placing of a notice on private land is a civil matter. (20200330a-EM-NPTC-RICD-enzo5)

In relation to your emails of the 29/03/20 these did not contain any questions directed to myself, however in response to your question to Cllr Knoyle regarding the legality of placing a site notice on the wooden pole within your garden. I would advise that this is a civil matter and I would suggest that you would need to seek your own legal advice.

The reference to 'civil matter' and legal advice would imply that the planning department are admitting that they have broken the law and they believe it is not a criminal offence/ police matter.

30/3/2020 Email from Dai Richards to Nicola Lake - clarification of the placing of the notice (20200330a-EM-RICD-NPTCl-enzo6) no reply so resent on 1/4/2020

Hi Nicola - Thank you for your reply. Further to your email can you clarify please that the planning department has placed the notice in my garden (on private property) illegally. To quote your email.

"In relation to your emails of the 29/03/20 these did not contain any questions directed to myself, however in response to your question to Cllr Knoyle regarding the legality of placing a site notice on the wooden pole within your garden. I would advise that this is a civil matter and I would suggest that you would need to seek your own legal advice."

1/4/2020 - Steve Ball to Dai Richards - Failure to accept accountability. (20200401a-EM-NPTC-RICD-enzo8)

From your email below I note your continued concern about the site notice displayed on the telegraph pole on your property. Clearly when displaying site notices the intention is to ensure that as many people as possible in the area would view such a Notice and this site along with the ten other locations chosen, were considered to be appropriate. I acknowledge, however, that you have since advised that the pole is in your property. I do not however consider this to be illegal as you suggest but if you think this is the case then you should take your own advice. In the current circumstances, however, and given the clear intent to publicise an application which you are interested in, then I would hope you would agree that displaying the Notice was in the public interest.

Steve Ball in this instance is failing to act with integrity, he has taken the word 'illegal' as literal, meaning a criminal offence. Our intention in this instance is to identify whether or not the person placing the notice has broken UK or Welsh Government laws, planning department protocols or guidelines about placing notices on private property and if we revisit the question asked to Nicola Lake we will see that it is a direct question about the planning department actions "Further to your email can you clarify please that the planning department has placed the notice in my garden (on private property) illegally" We can see from the planning officer's response is that he is attempting to avoid the planning departments accountability for breaking guidelines/rules/regulations. I would suggest that this is deception and dishonest, he was asked a direct question and he is going to great lengths to avoid giving an impartial answer. He is failing to adhere to the following Neath-Port Talbot Council values:

"We will stand up for our citizens and our communities, advocating for the needs and aspirations of our people in every aspect of our work." (NPTC Corporate Plan 2019-22)

"We will conduct the work of the Council in an open and accessible way, ensuring we are properly accountable for the decisions we make." (NPTC Corporate Plan 2019-22)

and breaking the NPTC Employee code of conduct:

"The public is entitled to expect the highest standards of conduct from all employees of Neath Port Talbot County Borough Council. The role of such employees is to serve the Authority in providing advice, implementing its policies, and delivering services to the local community. In performing their duties, they must act with integrity, honesty, impartiality and objectivity." (NPTC Employee Code of Conduct)

1/4/2020 - Email from Dai Richards to Steve Ball - rephrasing of question to avoid deception. (20200401a-EM-RICD-NPTC-enzo10 18.42)

Dear Mr Ball - thank you for your consideration, I can see you taken the term 'illegal' literally, perhaps I should have used the word allow. I'll rephrase that question for you with that word so that it requires a yes or no answer.

Are you allowed to put planning notices on private property without first requesting the permission of the owner of the property?.

regards - Dai Richards

2/4/2020 - Email from Steve Ball, Planning Department to Dai Richards - referenced the question but refused to answer it along with any other emails. (20200402a-EM-NPTC-RICD-enzo12)

I note that you have been sending in many emails recently on the above application, including requests for information. I responded to one myself yesterday about the site notice on a telegraph pole on your property to which you have sent a further response and question.

I must advise that we will no longer be able to respond to your requests for information or respond to your questions.

Steve Ball has referenced the simple question asked; and is refusing to answer it which provides clear evidence of malpractice within the NPTC Planning Department. He also attempts to discredit me by mentioning that I had sent in many emails. It should be noted that I was representing 11 elderly local residents who following the Planning Departments refusal to delay the application process becuase of COVID-19, (see emails 1 and 2 below) had contacted me to represent their interests. This I had done by placing objections on their behalf. The other reason I was sending emails is because as with the placing of the planning notice on my property, the planning department have avoided answering questions that are relevant to the current planning application. If they refuse to answer a question with a definitive or relevant answer then as a council tax payer I am entitled to ask it again. I we refer to the purpose of the NPTC:

"Neath Port Talbot County Borough Council exists to serve and represent the interests of its citizens and communities. We strive to improve the economic, social, environmental and cultural well-being of all of our people." - (NPTC Corporate Plan 2019-22)

If we look at the actions of Steve Ball who has referenced but refused to answer the simple question:

Are you allowed to put planning notices on private property without first requesting the permission of the owner of the property?.

we will see that he has not upheld the 'values' of NPTC:

" We will stand up for our citizens and our communities, advocating for the needs and aspirations of our people in every aspect of our work." (NPTC Corporate Plan 2019-22)

" We will conduct the work of the Council in an open and accessible way, ensuring we are properly accountable for the decisions we make." (NPTC Corporate Plan 2019-22)

and he has broken the NPTC Employee code of conduct which states that:

This complaint deals only with the actions of Steve Ball in two emails dated 1st & 2nd April 2020, all other information including that relating to Nicola Lake is for information purposes only. The complaint is that

"In two emails dated 1st & 2nd April 2020, Steve Ball failed to uphold the values of Neath-Port Talbot Council as stipulated in the 2019-22 Corporate Plan and also breached the council's Employee Code of Conduct."

20200319a-EM-RICD-NPTC-enzo1 - Dai Richards to NPTC Planning asking for a delay in the planning application process because of COVID-19

Your ref: P2020/0195
Hi - I represent a group of residents from Brynhyfryd and Woodland Park in Glynneath who are opposed to the Enzo development in its current format. We base this upon the probability of additional flooding in the lower regions of the streets, the failure to test for land contamination to a suitable depth plus a number of other issues.

The purpose of this email is not to place an objection to the planning department but to ask for an extension of the period for submitting comments to the planning application. Currently it is April 4th

Our reason for this is because of the COVID19 outbreak we are unable to meet as a group because of the requirement for social distancing. There are several elderly and/or vulnerable people living in our streets who I'm sure would like to contribute to the discussion.

We would like to suggest that the planning application be put on hold until 21 days after the government notifies the country that social distancing is no longer a requirement for the elderly..

I thank for taking the time to read this email and hope that you will look favourably on our suggestion. regards - Dai Richards

20200319a-EM-NPTC-RICD-enzo2 - Nicola Lake, Planning Department to Dai Richards, she refuses to delay and suggests the elderly/vulnerable people use social media to communicate.

Dear Mr Richards,

Thank you for your email. This has now been registered on the application. However despite the current circumstances in relation to Covid 19 we are unable to hold the application until after the present circumstances have been relaxed. Instead we would suggest that you consider using social media to help you connect with your community and would remind you that anyone who wish to comment on the application should submit any comments they may have in writing to planning@npt.gov.uk. I hope this information is of assistance.

Regards, Nicola Lake.

20200319a-EM-RICD-NPTC-enzo3 - Dai Richards to Nicola Lake trying to understand why they are unable to hold the application. Also enquiring about the planning notice in my garden which was placed there in a shoddy child like way without my permission.

Hi Nicola - thanks for the reply, the older generation tend not to use social media as much so that is going to prove to be a problem.

Can you explain why you are unable to hold the application please?

Are you legally bound to proceed with it? -

Please can you advise how many letters have gone out in respect to this planning please so that I can identify who is likely to have been contacted?

I would also like it to be noted that the sign for planning that was placed on the telegraph pole in my garden (no 66) facing Waun Gron became loose within 24 hours of it being placed there and for the most part has been flapping in the wind and unreadable to local residents. Photos of its current condition are attached. It was placed in in an unsealed A4 poly pocket allowing the elements to affect it almost immediately. This is an extremely amateur (even childlike) attempt at notifying the public of an impending large scale development on their doorstep that could have a massive impact on their health and property.

Your department, it would seem are not doing the best job they could with notifying local residents of this planning application and considering your failure to consider the elderly who have paid rates to the council for many years I would suggest that you look closely at your standards, they are far below what I would expect for the £2000 council tax I pay a year. I request that you place this information on the application as well please for future reference.

To confirm my request for information is as follows.

Can you explain why you are unable to hold the application please?

Are you legally bound to proceed with the application?

Can you advise how many letters have gone out in respect to this planning please so that I can identify who is likely to have been contacted?

thanking you in advance. regards - Dai Richards

20200329a-EM-RICD-NPTC-enzo4 - No reply in 10 days so a follow up email was sent.

Dear Ms Lake - I am forwarding this email to you which was initially sent on the 19th March. Ten days have passed since this date and I have not received a reply from you.

Please can you reply to the questions that I asked in relation to the planning application on the Enzo development in Glynneath. You will find these questions in the original email below. (see above)

I have copied Councillor Simon Knoyle to this email and would ask that he (Councillor Knoyle) please establish the reason why you (Nicola Lake) have not replied and that he record the images showing the condition of the planning notice placed in my garden. I would also ask if Councillor Knoyle could please establish whether or not the council have acted illegally in placing this notice on private property. It should also be noted that WPD, the owners of the telegraph pole have been given notice to remove the pole from my property because they have not paid the wayleave due to us.

My original email is below. - regards David Richards (66 Brynhyfryd, SA11 5BA)

20200330a-EM-NPTC-RICD-enzo5 - Nicola Lake to Dai Richards with information about the planning process and that the placing of a notice on private land is a civil matter.

Dear Mr Richards,

Thank you for your further emails of the 19/03/20 and the two emails of the 29/03/20 regarding the proposed variation of conditions and amendments to the Residential Development scheme at land off Heol Y Glyn, Glynneath. I would like to take this opportunity to apologise for the delay in responding to your email of the 19/03/20, this was due to the considerable disruption that was caused by the necessary changes in circumstances brought about by the current Covid-19 situation plus two days annual leave.

In relation to your questions regarding the statutory consultation periods on planning applications. The regulations specify a period of 21 days for the statutory consultation period. While there is no facility to amend this regulation the Authority does accept all correspondence up to three working days before the determination of an application by planning committee and until the date of determination on all other planning applications.

In regards the consultation exercise that has been undertaken by the Authority on this application – I can confirm that the normal requirements are for either the display of a site notice or the sending out of a letter of consultation to neighbouring properties who adjoin the red line of the application site – the Authority has undertaken both letters and site notices. A total of 48 letters have been sent out to residents within Heol Y Glyn, Woodland Park/Brynhyfryd (the north side of the road) and Waungron, together with 11 site notices which have also been put up along these same roads. As you can see the consultation exercise that has been carried out far exceeds the requires of the Planning Regulations.

The following information is in response to the questions within your email of the 19/03/20:

- All planning authorities are required to determine planning applications in a timely manner. The regulations specify that an application of this type should be determined with 8 weeks of the date of receipt of a valid application. If an Authority fails to determine the application within this time period they can try to negotiate an extension of time with the applicant – or the applicant can appeal to the Welsh Government’s Planning Inspectorate for failure to determine.

- In regards to your question as to whether the Authority is legally bound to determine the application – I would direct you to my response above.

- As stated above 48 letters of notification were sent out to residents closest to the application site within the streets set out above. Also 11 site notices were also displayed within these same streets.

In relation to your emails of the 29/03/20 these did not contain any questions directed to myself, however in response to your question to Cllr Knoyle regarding the legality of placing a site notice on the wooden pole within your garden. I would advise that this is a civil matter and I would suggest that you would need to seek your own legal advice.

I can confirmed that each of your four email have been record as correspondence in relation to application P2020/0195 and saved against the application electronic file.

I hope this information is of assistance to you, however I would direct your attention to the sections within both the site notice and the letter of neighbour notification that correspondence will not normally be entered into in response to letters of objection on planning applications.

Regards, Nicola Lake

20200330a-EM-RICD-NPTC-enzo6 - Dai Richards to Nicola Lake - clarification of the placing of the notice

20200401a-EM-RICD-NPTC-enzo7 - Dai Richards to Nicola Lake - no reply follow up email.

Hi Nicola - reference my email sent on 30th March (see email below) I was wondering if you could respond to this please? - Dai

forwarded email - Hi Nicola - Thank you for your reply. Further to your email can you clarify please that the planning department has placed the notice in my garden (on private property) illegally? To quote your email.

"In relation to your emails of the 29/03/20 these did not contain any questions directed to myself, however in response to your question to Cllr Knoyle regarding the legality of placing a site notice on the wooden pole within your garden. I would advise that this is a civil matter and I would suggest that you would need to seek your own legal advice."

regards - Dai Richards - www.dai-richards.wales

20200401a-EM-NPTC-RICD-enzo8 - Steve Ball to Dai Richards refusal to accept emails

Dear Mr Richards,

Your emails below have been copied to me and I thought it best if I respond. I am sure you will appreciate that things are very challenging at present, and we are adapting to new ways of working during the Covid-19 pandemic. This also means that neither I nor my Officers are able to respond swiftly to all correspondence, or to engage in email exchanges on cases.

From your email below I note your continued concern about the site notice displayed on the telegraph pole on your property. Clearly when displaying site notices the intention is to ensure that as many people as possible in the area would view such a Notice and this site along with the ten other locations chosen, were considered to be appropriate. I acknowledge, however, that you have since advised that the pole is in your property. I do not however consider this to be illegal as you suggest but if you think this is the case then you should take your own advice. In the current circumstances, however, and given the clear intent to publicise an application which you are interested in, then I would hope you would agree that displaying the Notice was in the public interest.

In any respect, I apologise that this has caused you concern and, accordingly, given your objection to its display on the pole would confirm that I am happy for you to remove the notice with immediate effect. This would not affect the publicity for the application which, as Nicola has explained previously, far exceeds the statutory requirement.

Finally I note that you have submitted representations on behalf of yourself and other members of the community. These will of course be considered as part of our assessment and ultimate determination of the application in question.

Kind regards - Steve Ball

Development Manager - Planning / Rheolwr Datblygu - Cynllunio
Neath Port Talbot County Borough Council/ Cyngor Bwrdeistref Sirol Castell-nedd Port Talbot Tel/Ffôn: 01639 686727

20200401a-EM-RICD-NPTC-enzo9 - Dai Richards to Steve Ball - clarification of objections received on behalf of residents.

From: Dai Richards
Sent: 01 April 2020 16:35
To: Planning <planning@npt.gov.uk>; Nicola Lake <n.lake@npt.gov.uk>
Subject: P2020/0195 - Land South Of Heol Y Glyn Glynneath Neath - planning objections

Dear NPTC,

Due to the corona virus and the unavailability of the following options of placing a planning objection (website & written letter) I have objected to the development on behalf of the following residents. Please can you confirm that you have received objections from me for the following people before the 2nd April deadline and they have been registered against the application?

Jackie Lewis

Jack Kearns

Maureen Phillips

Nigel Taylor

June & Glen Wehko

Ron Rees

Pam & Morgan Thomas

Ivor Llewellyn

Iola Roberts

Joyce Jones

END OF LIST

regards Dai Richards - www.dai-richards.wales

20200401a-EM-RICD-NPTC-enzo10 (18.42) - - Dai Richards to Steve Ball - rephrasing of question to avoid deception.

20200402a-EM-RICD-NPTC-enzo11 (00.29) - Dai Richards to Steve Ball - request for information and providing additional information.

Dear Mr Ball,

There are two purposes to this email.

1. To request if NPTC has to follow guidelines, protocols or regulations relating to the building of houses on landfill or brownfield sites ? If so I would be pleased to receive this information.

2. - To provide you with additional information on the planning for P2020/0195 to the objection made by my son Simon Thomas in which he included an analysis on the testing. His modesty prevented him from including his qualifications and experience which are BSc Hons and MSc in chemistry, he is also about to complete his PhD in chemistry and he has been working recently as a lecturer in the chemistry department at the University of South Wales. I provide you with this information in case you are wondering whether or not to take the analysis seriously.

I trust this email finds you in good health and look forward to receiving your reply in due course. regards - Dai Richards

20200402a-EM-NPTC-RICD-enzo12 - Email from Steve Ball, Planning Department to Dai Richards - The planning officer deliberately avoided answering our questions about the planning process and previous planning applications relating to the site, he also refused to answer any further questions by email.

From: Steve Ball (planning)
To: Dai Richards
Cc: Nicola Lake ; Cllr. Simon Knoyle ; Cllr. Del Morgan
Sent: Thursday, April 02, 2020 8:24 AM
Subject: RE: P2020/0195 - Land South Of Heol Y Glyn, Glynneath, Neath - planning objections

Dear Mr Richards

I note that you have been sending in many emails recently on the above application, including requests for information. I responded to one myself yesterday about the site notice on a telegraph pole on your property, to which you have sent a further response and question.

I wish to make it clear that even in ‘normal’ times, my Officers are unable to enter into correspondence on representations on applications due to the volume of representations received (as stated in our notification letters).

For this reason, and due to the number of emails you are sending during a period when we are experiencing challenging circumstances, I must advise that we will no longer be able to respond to your requests for information or respond to your questions. Instead, as you have done, please submit representations expressing any issues or concerns with the development, and these will be considered as part of our assessment of the application in question.

Please note that details on the number of representations received (currently 20, many of which are your own) (only 2 were mine, 10 I had submitted on behalf of elderly residents) on any application can be found online at https://planningonline.npt.gov.uk/ by searching for the above reference number. (only the number can be found on-line, the nature of the comments are not visible because the website is broken)

I trust that you will be understanding of the above, and note that I am copying in both of your local Councillors so that they are aware of my stance on this matter, and so they understand that we must concentrate our resources during this challenging period on all applications and other matters before the Authority. (There would have been no need of him to write this email if he'd answered the relevant questions in the first place.)

Kind regards - Steve Ball