Blogs & Information

Re: Judicial Review action protocol: Letter before claim

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Legal action update 13/11/2018

WORK_32909718_1_Signed Letter (Burges Salmon _ Eden District Council) 13 November 2018

If EDC negotiate now and concede our reasonable demands on the woeful consultation they wont have to pay our legal bills.  If they force us to go to Court they will. Don’t then blame us for the cost falling on the ratepayers of Eden District – blame Woeful Tory Cabal who control EDC.

 

Friends of the Lake District raise concerns over the Masterplan with EDC

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Friends of the Lake District have kindly allowed KPS to share their letter to EDC in which they raise serious concerns on  a number of levels about the proposed Penrith Strategic Masterplan.  To read their excellent letter in full please click the link.

image001 (003) friends of the lake district

Beacon Villages consultation Nov2018 FLD FINAL friends of the lake district

 

Read below the summary points from Friends of The Lake District comments to EDC concerning the Penrith Strategic Masterplan. Continue reading “Friends of the Lake District raise concerns over the Masterplan with EDC”

A Peoples Plan for Penrith

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PENRITH & EDEN NEEDS YOU!

‘Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has’. Margaret Mead

Many thanks to everyone for your support and encouragement for our efforts. The result is astonishing. At 3pm on Friday 2nd November Keep Penrith Special handed over your signatures to our Petition. You will read in the Cumberland and Westmorland Herald on Saturday we had the following raw numbers: (i) online signatures – 2,536, (ii)signatures from canvasing people who had no email 420, (iii) returned postcards 1,489 – (iv) totalling a raw number of 4,445. As at midday today we have had an additional 74 postcards and a further 28 on-line signatures. We are confident that 3,148 of these signatures are residents of the Eden Valley. We have collected everything onto a database in order to remove duplicate signatures and the final count to be clarified next week, should exceed over 4,000 individuals overwhelmingly from our Eden Valley.

We will keep you posted as to what happens next. That ‘next’ will involve building what we are calling the 3PE. That is the People’s Plan for Penrith and Eden. We will build it up from the ground up by proper consultation with everyone. We will do it completely professionally. We will involve EDC and anyone who wants to join, including any Councillor as individuals. BUT, and this is the BIG ‘BUT’, we will NOT give the pen to EDC and EDC Officials until after plan is published. We want to have finished writing this plan by early April 2019. That will give plenty of time for existing and any potentially new Councillors that want to stand to tell everyone if they are in favour of the 3PE BEFORE we all vote in the Elections in May. This will ensure the Masterplan is dead forever.
From all your wonderful comments, so far from them we know this: Continue reading “A Peoples Plan for Penrith”

The Final stages of the ‘Woeful consultation’ Are Eden District Council Listening?

Press Release: October 31st 2018

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Keep Penrith Special Campaign – The Final Stages of the ‘Woeful Consultation’. Are Eden District Council listening?

Thank you very much everyone. We have 2,500 plus online signatures (overwhelmingly from CA10 or CA11 postcodes), we have c 500 wet signatures from our canvassing, we have had a fantastic response to our postcard campaign, more than 1,000 of 18,000 have been returned in two days. The post office is busy! Please encourage everyone to sign who hasn’t, or to return the postcards who hasn’t. The Consultation closes this Friday, and we will send late postcards in, but EDC could reject them.

Our legal campaign will continue after the consultation closes. To remind you; we are seeking a judicial review, where a judge can decide if this biased consultation was lawful. Our barrister says it isn’t. So far…total silence from EDC. Why? Because they have no answer, as we are right.

Finally, thank you everyone for telling us about your issues and problems. Obviously, we aren’t Councillors, but whilst respecting any confidence, we will raise every single issue that has been raised with us to see what can be put right.

Keep Penrith Special Campaign message stands and as stated in the postcard campaign to all CA10 & CA11 addresses (attached):
Keep Penrith Special and REJECT the Penrith Masterplan; because the People of Eden and Penrith deserve better. We want a proper grounded, practical and sensible plan to make Penrith a better place to live, work, shop and visit and we want to get everyone to contribute their thoughts in building that plan. A plan for the many not just the few, in a true and democratic process and not behind closed doors.
• Build on the Beacon – NO
• New Town/Villages 2.5 Miles from Penrith – NO
• Double Population – NO
• More Congestion – NO
• More Pressure on Local NHS – NO
• More Pressure on Schools – NO
• Major roads on every side of Penrith – NO
• Affordable Housing for Locals – YES
• A Better Vision for Penrith & Eden – YES

Other Penrith Issues – Closure of Penrith Main Post Office
One thing we have been asked about is the planned closure of Penrith main Post Office. The Post Office want to open a much smaller Post Office within W H Smith. We think that is not a good plan. Firstly, we would like the Post Office to stay open. We want to know if it is true or not that it loses money? If it doesn’t why is it closing? If it does, then why does the business need to go to W H Smith? Can’t it go instead into a shop run by a local business? They would get the trade and money would stay in our town. We also want the Post Office to run Post Buses to all local villages. Our postmen drive out from Penrith early every day, they tend to finish the morning round about 11am. They could easily drive a small bus rather than a van. They could then bring people into Penrith for about 11.30am combining two services. They tend to go out again around 2.30 to 3pm to empty post boxes. They go back to the same villages. They could easily drive post buses and take everyone back before they start to empty the post-boxes.

But our ideas have been rejected by the Royal Mail. Here is the email address of the senior executive who responded to our Spokesman when he wrote to the CEO of the Royal Mail.rebecca.redmond@royalmail.com.

“Rebecca works in the CEO’s office. Please respect her as an individual when you let her boss know what you think about the closing of our post office, the transfer of the business to W H Smith rather than a local business and the brush off we got about post buses.”

With many thanks as always for your support.
Keep Penrith Special

ENDS

It must be made absolutely clear the Masterplan is still happening, the consultation is still taking place, and people only have until Friday 2nd November to voice and action their concerns by signing the KPS campaign petition and returning the pre-paid postcard that every household in the CA10 & CA11 areas have received. Why is this important? BIG Plans, need a BIG response. We also urge all Eden residents to follow and like our Facebook page @keeppenrithspecial. This provides up to date news and will also keep you entertained.

Keep Penrith Special launched an online petition on 10th September against EDC’s Penrith Masterplan. Links to the petition and video can be found at www.keeppenrithspecial.org.More than 2,500 people have signed the online petition and 100’s of wet signatures have been collected since the launch. Over 92% are from Eden District/Cumbria postcodes (CA10 & CA11), being overwhelmingly dominant. More than 3,000 people have watched our video and seen the appalling wanton destruction that the Masterplan would inflict on the beautiful Eden Valley.

For further information please visit www.keeppenrithspecial.org or if you would like to speak to the Keep Penrith Special Group, please contact Adrian Hill on 07831810467 or email mail@keeppenrithspecial.org.
Thank you for signing the petition KEEP PENRITH SPECIAL – REJECT THE PENRITH MASTERPLAN, can you help spread the word by forwarding the link
https://you.38degrees.org.uk/petitions/keep-penrith-special-reject-the-penrith-masterplan
Thanks
Keep Penrith Special
________________________________________
Keep Penrith Special started this campaign on the 38 Degrees Campaigns by You website. If there’s an issue close to your heart that you’d like to campaign on, you can start your campaign here.

You are receiving this message because you signed the petition “KEEP PENRITH SPECIAL – REJECT THE PENRITH MASTERPLAN”. If you don’t want to receive emails from the “KEEP PENRITH SPECIAL – REJECT THE PENRITH MASTERPLAN” campaign in the future, please unsubscribe.

Garden Villages located away from larger conurbations promote car based living.

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Transport for New Homes

The Transport for New Homes Association published a report in July 2018 reviewing over 100 new housing developments across many parts of England and the Netherlands to see whether these live up to our expectations.

“The aspirations for new homes mirror many aspects of modern society thinking. This envisages more physically active and less isolated lives and reduced congestion on the roads. For transport the visions presented by planning documents and literature do not show new residents getting into cars and being stuck in traffic, but rather depict people cycling and walking as part of their everyday life, with bus services often featured as providing an alternative to the car.

The report showed in many cases the reality was far away from these aspirations and this was particularly the case where houses were located in “garden villages”. Continue reading “Garden Villages located away from larger conurbations promote car based living.”

PRE ACTION PROTOCOL LETTER ISSUED BY OUR SOLICITORS TO EDC

This is the first step in the legal action we are taking against EDC over their ‘woeful and unlawful’  Beacon Villages Consultation.

This note explains what we are doing. Below that you will find the actual letter that has been sent. It is the response we sent to the BBC when they asked us questions about what we are doing:

BBC responses

 

We are sending EDC a letter known as a pre action protocol letter ( PAP )

 

A PAP aims to avoid unnecessary use of litigation and proposes the use of Alternative Dispute Resolution. The Protocol sets out steps to typically follow, it recommends that in good time before making the claim, the claimant should notify the defendant, by letter, of their intention to litigate. The defendant should reply within 14 days and the letter may work to determine whether the issues in dispute can be narrowed or litigation can be avoided. If a resolution cannot be met through outside of Court the claimant may then issue a claim for Judicial Review.

 

In a nutshell if we do not get satisfactory answers to our demands, we are highly likely to proceed with an application for a Judicial Review of the process by which specificdecisions were taken by EDC in relation to the Masterplan. Continue reading “PRE ACTION PROTOCOL LETTER ISSUED BY OUR SOLICITORS TO EDC”

Keep Penrith Campaign starts litigation and complains about unbalanced reporting.

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NB 24/10/2018 –Since we wrote this blog yesterday lots of you have been in touch with ITV. But we made a mistake for which we want to apologise. ITV never reported the story about Lowther/EDC withdrawing the plans to build on the Beacon. So it can’t have been misreported by ITV Border it wasn’t reported at all. We posted this to our Facebook site and removed contact links for those involved.

Facebook apology from KPS 24/1-/2018 – Ooops! ITV Border tell us they never ran a story about EDC and Lowther withdrawing their idea of building on the Beacon. Our sources recall the story being on the TV in the morning. They can’t recall which channel. Anyway it wasn’t ITV. They hardly ever report anything about our campaign! We tease them that we live in a TV news version of the Bermuda Triangle … some balanced coverage would be nice as not all of you read the Herald!

Anyway we hope our friends at ITV will be paying a wee bit more attention to our story now. It’s only potentially the biggest thing to happen in Penrith since the arrival of the railway in 1846. But of course we apologise to ITV for telling everyone about a non-existent story. Sorry Catherine. Continue reading “Keep Penrith Campaign starts litigation and complains about unbalanced reporting.”

A Bit of an Oversight?

 A high-pressure Gas Pipeline routes straight through the Beacon Garden Villages.

High pressure gas pipeline
The gas pipeline runs through the middle of phase 2, much of phase 1 and the employment area, and has been plotted here.

In this episode of Twaddle a KPS group-member, alerted to the issue by a CW Herlad readers letter, investigated this potential hazardous oversight in the Masterplan.  As you can see from the map above the ‘high pressure gas pipeline’, which carries much of the gas for the whole of the U.K. down it’s pipe,  routes straight through the majority of the Beacon Garden Villages. It runs parallel to the proposed Northern Relief road for much of the way, is under the proposed industrial site by Junction 41, by Stagstones Farm it becomes even more interesting as it has the new spine road above it and is beside the proposed new secondary school. Half an hour of googling gives anyone a good idea of what a problem this is but page 75 of the LUC Technical Appraisal pays little regard to this issue.

We have been told, that even at this stage, EDC are still waiting to hear from British Gas about how the pipeline might affect the Masterplan. They may be waiting some time as the pipeline is controlled by National Grid, not British Gas! Continue reading “A Bit of an Oversight?”

KPS Press Release 20/10/18: The Masterplan is still happening.

Press Release: October 19TH 2018

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A Tactical Retreat by Eden District Council or Victory for Keep Penrith Special (KPS)?

With the announcement this week by the Lowther Estates and Eden District Council that the Beacon development part (only) of the Masterplan has been withdrawn and as predicted by KPS. We are about to enter the most dangerous phase of our campaign against the woeful Masterplan.

It must be made absolutely clear the Masterplan is still happening, the consultation is still taking place, and people only have until Friday 2nd November to voice and action their concerns by signing the KPS campaign petition and returning the pre-paid postcard that every household in the CA10 & CA11 postcodes will receive from Monday 22nd October onwards.

It seems the people of Eden may have won. But we at KPS don’t think the campaign is won. We have read the small print. Continue reading “KPS Press Release 20/10/18: The Masterplan is still happening.”