Monday 22nd The ‘talk’ this week has been concerned with the delegation of powers used by councils. It appears that many abuse this power.
‘The regulations specifically prevent delegation in relation to section 53 http://www.legislation.gov.uk/uksi/2000/2853/schedule/1/made
A Decision has to be made by “Elected members”…. and they can only “delegate” when there is NO contention/conflict……
Norfolk County Council have a delegation policy. It states the following;
Officers can only act within delegated powers
and these are exercisable subject to:
(a) strategies, policies, priorities and Financial Regulations determined by the Members of the County Council;
(b) referral to the Council or Committee for consultation or decision on all matters of public controversy or undecided matters of policy or substantial change from previous practice….
….. or which involve difficult or major issues where custom and practice or initial consultation with elected members indicates that such referral should take place;
Ummmmm I think that perhaps NCC should study the law and their own policies!
Tuesday 23rd Quite a momentous day for us. We start building our new house! This came about because of the BOAT threat through our garden. We were lucky enough to be able to make counter plans to mitigate the ‘damage’( if it happens)
Wednesday 24th A quick look at The Law! Norfolk County Council do not appear to have read it!
NERC Act says;
Can’t be a BOAT if it is not shown on the definitive map. IT ISNT!
Can’t be a BOAT if it’s not on the list of streets in 2006. IT WASNT!
Friday 26th Well another momentous day. My expert adviser hears from NCC that they sent the BOAT order to PINS on April 18th.
I have been told to mount this and put it on my wall
BLOUNT V LAYARD: 1981 Bowen LJ said: ‘that nothing worse can happen in a free country than to force people to be churlish about their rights for fear that their indulgence may be abused, and to drive them to prevent the enjoyment of things which, although they are matters of private property, naturally give pleasure to many others besides the owners, under the fear that their good nature may be misunderstood.’