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Alan Dransfield's Blog

Freedom of Information and Health and Safety

This blog is aimed at shaming those who ignore health and safety and those who abuse the Freedom of Information Act out of laziness, corruption or to cover up incompetence.

What does vexatious even mean? Nobody knows.

Information Commissioner, Vexatious Posted on Tue, November 12, 2024 08:35:06

https://assets.publishing.service.gov.uk/media/5a80b815e5274a2e87dbb6e0/Independent_Freedom_of_Information_Commission_Report.pdf

The Code of Practice under section 45 of the Act allows ministers to set out the practice that they
consider be desirable for public authorities to follow in discharging their obligations under Part 1 of
the Act. It must, in particular, include provision relating to (a) advice and assistance to requestors,
(b) the transfer of requests between public authorities, (c) consultation with third parties, (d) the

11 Innes v. Information Commissioner & Buckinghamshire County Council, [2014] EWCA Civ 1086 judgement
12 http://webarchive.nationalarchives.gov.uk/20141203235408/http:/www.justice.gov.uk/
downloads/information-access-rights/foi/code-of-practice-datasets.pdf
48
inclusion in contracts entered into by public authorities of terms relating to the disclosure of
information, and (e) complaints procedures.
The IC is required by section 47 of the Act to promote the observance of the provisions of the
Code, and he can issue a practice recommendation under section 48 to any public authority whose
performance does not conform to the Code.
We note that the Code of Practice under section 45 was issued in 2004, a year before the Act
came into operation, and it has not been updated or revised since then. We think the government
should review section 45 of the Act to ensure that the range of issues on which guidance can be
offered to public authorities under the Code is adequate. For example, at present it is unclear
whether the Code can offer guidance to public authorities on the operation of exemptions or the
public interest test. We also consider that the Code should be reviewed and updated to take
account of the ten years of operation of the Act’s information access scheme.
As noted above, although we have recommended the abolition of the “qualified person”
requirement in section 36, we consider that it is important that sufficiently senior people within
public authorities have oversight of the Act. For example, in relation to applying section 36 we
consider that a senior manager should make the decision about whether section 36 should be
relied upon. Revised guidance under the Code of Practice can offer guidance on the appropriate
levels of authority required for internal decisions under the Act.
Recommendation 19: That the government reviews section 45 of the Act to ensure that the range
of issues on which guidance can be offered to public authorities under the Code is adequate.
The government should also review and update the Code to take account of the ten years of
operation of the Act’s information access scheme.
Vexatious requests
Section 14(1) of the Act allows a public authority to refuse to respond to a request if it is
“vexatious”. “Vexatious” is not defined in the Act, and there has been some considerable confusion
about its meaning. Public authorities told us that they had been reluctant to use it because doing
so could be more labour-intensive than simply responding to a request, and that labelling a request
as “vexatious” tended to upset the requestor leading to further requests and correspondence.
The approach of the IC in his guidance (“When can a request be considered vexatious or
repeated?”) on refusing to respond to a request because it was vexatious involved public authorities
having to provide “relatively strong arguments” under more than one of the following factors:
 Can the request fairly be seen as obsessive?
 Is the request harassing the authority or causing distress to staff?
 Would complying with the request impose a significant burden in terms of expense and
distraction?
 Is the request designed to cause disruption or annoyance?
 Does the request lack any serious purpose or value?
49
As many respondents explained, the interpretation of a vexatious request has recently been
clarified by case law and section 14(1) had developed into a much broader and more effective tool
for public authorities. The Upper Tribunal’s decision in the case of Information Commissioner v
Dransfield [2012] UKUT 440 (AAC) (28 January 2013)13 set out clear guidance on how to
determine if a request is vexatious. The Upper Tribunal took the view that:
“The purpose of section 14…must be to protect the resources (in the broadest sense of that
word) of the public authority from being squandered on disproportionate use of FOIA”
The Upper Tribunal rejected an interpretation of the IC’s guidance that viewed it as saying that a
request which triggered only one of the IC’s five factors could not be vexatious. One particular
factor (such as burden) exemplified to a significant degree could be sufficient to render a request
vexatious.
The Upper Tribunal went on to identify four broad issues or themes: (1) the burden (on the public
authority and its staff); (2) the motive (of the requester); (3) the value or serious purpose (of the
request) and (4) any harassment or distress (of and to staff). The Upper Tribunal emphasised
however that these factors were not intended to be exhaustive, or to create a “checklist” approach.
The Commission is fully supportive of the appropriate use of section 14 to prevent public
authorities from being burdened by vexatious requests. We also accept that public authorities may
benefit from stronger guidance encouraging the use of this provision where appropriate. Many
authorities did not appear to understand that trivial or frivolous requests could be deemed
vexatious. In his written evidence, the IC suggested
“…strengthening the guidance on section 14 by putting it on a statutory basis in a special
code of practice issued under section 45. This could reduce any uncertainty that public
authorities may feel about the current approach and the risk of the Commissioner’s guidance
being overturned by the courts.” (paragraph 62)
We agree, and recommend that the section 45 Code of Practice includes guidance encouraging
public authorities to use section 14 to refuse vexatious requests where appropriate.
Recommendation 20: That the government provides guidance, in a revised Code of Practice
issued under section 45, encouraging public authorities to use section 14(1) in appropriate cases.
Resources of the Information Commissioner
Like other public authorities, the budget of the IC has been reduced in recent years. Information
which he submitted to us at our request after his oral evidence session showed that his budget has
been reduced year-on-year and is now frozen. This is in spite of the volume of requests made
under the Act, and the EIRs, increasingly significantly over the same period.

13 Subsequently confirmed in Dransfield v The Information Commissioner [2015] EWCA Civ 454 (14 May 2015)



Jean Charles deMenezes and Cressida Dick

Information Commissioner, Vexatious Posted on Sun, November 10, 2024 15:03:23

https://ico.org.uk/media/action-weve-taken/decision-notices/2018/2258225/fs50707518.pdf



Pilgrim Fathers FOI

Information Commissioner, Vexatious Posted on Sun, November 10, 2024 14:59:51


The Vexatious King of England

Vexatious Posted on Mon, October 28, 2024 15:46:07

The Vexatious King of England In a land of mist, where legends sing, There lived a man they called the King. Not by crown, nor royal decree, But vexatious claims, wild and free. Alan Dransfield, his name well known, A warrior of paper, a king of his own. Through courts and halls, he did tread, Filing claims with words unsaid. No throne of gold, no robes of silk, But scrolls of law, and ink like milk. He vexed the lords, he vexed the land, With every case, a fiery stand. His court was bound by no royal will, But dusty tomes, and sharpened quill. Petitions piled, writs amassed, Each more brazen than the last. The judges sighed, the clerks would groan, For endless claims, and points unknown. But still he marched, a tireless fight, Through shadows of both day and night. Some called him mad, some called him bold, For in his hands, no truth was cold. He sought out flaws in legal thread, Where others feared or lightly tread. Yet in his quest, a tale unfolds, Of battles fought, and stories told. For kings may rise, and kingdoms fall, But vexing hearts can outlast all. Through ancient walls and halls of stone, He stood defiant, all alone. Not for wealth, nor golden fame, But for the thrill of the endless claim. He fought for words that others missed, And took his stand with clenched-up fist. Injustice, real or mere conceived, It mattered not what he’d believed. For in his heart, the kingdom lay, A realm of scrolls where rules must sway. And through the annals of the court, His vexing reign would still be taught. Though time may fade, and records dust, The king who fought, his laws unjust, Will linger on, through whispered lore, The vexing king who sought much more. And so, the land of mist still sings, Of Alan Dransfield and the claims he brings. Not by sword, nor shield nor ring, But by his words—the vexatious King



LESSONS LEARNED ON FOIA FROM CASE LAW – Louise Jones, Guildhall Chambers

Information Commissioner, Vexatious Posted on Sun, August 18, 2024 14:06:58

lessons_lj-2.pdf (wirralinittogether.blog)



Why does the Information Commissioner break his own laws?

Information Commissioner, Vexatious Posted on Sat, June 22, 2024 16:53:58

Sent – Sat 01/06/2024 11:36

Information Commissioner’s Office.

Dear Sir

As you are aware, the ICO have failed to process my Subject  Access Request which was submitted to the ICO 3 years ago.

Could you please explain the delay in processing my SAR.

As you are aware the ICO have imposed a lifetime ban against me from using the FOIA 2000, hence, it would appear you are refusing my SAR under the  Lifetime Ban of me using the FOIA.

I am sure you are aware the GDPR and the FOIA are independent STATUTES of Law.

Approx 6 months ago you asked me for my postal address  because my SAR was too voluminous for you to deal with and you intend to send me my SAR via POST which was an OBVIOUS  LIE.

I would be grateful for the Name and Contact details for the ICO Data Manager.

With thanks

Yours sincerely

Alan M Dransfeld

FOIA Campaigner and Social Watchdog



Beyond Coincidence

Uncategorised Posted on Mon, March 18, 2024 16:31:32

C
A diary account of injustice and crimes against the state
SERIOUS ECONOMIC CRIME
What happens if you refuse a
bribe and blow the whistle on
serious fraud and corruption?
Leading Members of the Privy
Council identified in Planning
Fraud Cover-up.
Beyond Coincidence
1
Summary Brief
Irrefutable evidence of breaches of procedure, fraud and corruption are being
suppressed and whitewashed, to hide undisclosed interests in £billions of new
property development.
Organisations Involved
Teignbridge District Council
Devon County Council
Constituent MP Mel Stride
Dept. of Housing and Planning (Levelling Up)
Information Commissioners Office ICO
Devon and Cornwall Police
Police and Crime Commissioner Alison Hernandez OPCC
Independent Office of Police Crime IOPC
Planning Inspectorate PINS
Royal Town Planning Institute RTPI
His Majesty’s Courts and Tribunal Service HMCTS
Judiciary
All the above bodies are breaching procedure or worse, to prevent exposure of
Serious Economic Crime
The following diary extracts follow a trail of corruption from parish council to central
government, and beyond.
Beyond Coincidence
2
Corruption in the Planning System
The planning system no longer serves the national interest and regulatory bodies
charged with ensuring probity are engaged in the cover up of criminality.
From Parish Council to Central Government Cabinet Office, the planning system is a mystery to the
average member of the public. The aim of this document to assist in the understanding of how
planning corruption is enabled, and why it has been allowed to flourish.
PREFACE
The following diary/timeline is an individual account of corruption experienced when trying to
engage with the planning system. In the face of intimidation, the author Robert has challenged the
corruption all the way through Central Government, the Planning Inspectorate, the Information
Commissioners Office, the Police and HM Courts and Tribunals Service HMCTS. The conflicts of
interest and corruption by officials in high positions of trust that are identified in this report,
perfectly reflects the current sad state of a country once proud of its standards, integrity and world
standing. The findings are disturbing and expose a level of corruption that stretches far and beyond
the awareness of unassuming members of the public.
INTRODUCTION
In spite of repeated warnings of increasing corruption1 within the planning system, successive
Secretaries of State responsible for planning and housing have chosen not to act on evidence of
corruption, at great cost and harm to the public interest at large. The failure of successive Tory
Governments has left a planning system wide open for corruption, manipulation, and selfenrichment.
In 2017, a former senior policy adviser to PM David Cameron declared that planning corruption was
“endemic”.
2 He said, “In every corner of the country, you can find stories of bribery, with local
councilors and officials rigging the planning process for their own gain”. The Robert Jenrick and
Richard Desmond scandal in 2020 highlighted breaches of procedure at the very heart of the planning
system. i columnist Ian Birrell reported in July 2020, “there is nothing surprising about the scandal
(except perhaps the rather small size of Desmond’s donation). It shows again the sleazy nexus of
money and power that lurks behind the doors of Westminster and Whitehall, one in which rich people
can buy access, favours, knighthoods and even seats in the upper house of our parliament – plus a
1 Corruption in the UK Local Government: The Mounting Risks | Transparency International UK
2 Tower Hamlets scandal: Planning corruption ‘endemic’ in UK (thetimes.co.uk)
Regulatory bodies are assisting the cover up of undisclosed interests of individuals and
organisations that are beneficiaries of the corruption. The management of the Planning
Inspectorate (PINS) and the Royal Town Planning Institute (RTPI) are two examples of regulatory
bodies involved are which are largely controlled by former local authority (Council) chiefs who,
in acts of cronyism, assist other local authority chiefs to cover-up wrongdoing. In a dereliction of
duty, successive Ministers for Housing and Planning are failing to take action on evidence of
corruption which is serving both individual and party interests alike.
Beyond Coincidence
3
planning system that is woefully open to abuse. Every party knows the problem and has been
stained by similar scandals” in July 2020, Transparency International published a report titled
‘Permission Accomplished’
3 which identifies how the planning system is being manipulated to serve
individuals, and the lack of anticorruption initiatives to deter the criminal activity. Despite allegations
of corruption being commonplace, rarely if ever are detailsrevealed or persons named because there
is only one planning system which is a discretionary decision-making process controlled by cronyism.
Any whistle blower, be they a planning professional or a private individual, can expect to see their
career destroyed or, in the case of a planning applicant, they are blocked for life in a mafiosos system
that is incestuous in operation, and which operates to protect selected individual interests.
The trail of corruption begins in Teignbridge District Council, South Devon.
Important Note: Strategic Planning is a long process which can be 20+ years in the making
TIMELINE
PINS = Planning Inspectorate. RTPI = Royal Town Planning Institute. TDC = Teignbridge District
Council LDF Local Development Framework CCD = Community Council of Devon PAS Planning
Advisory Service

  1. 2005 Parish Plan Community Consultation. Funded by Central Government (White Paper)
    the village and parish of Bickington, where Robert resides, was invited to prepare a Parish Plan
    to identify the future needs and wishes of the residents. Overseen by the Community Council of
    Devon (CCD), a multi choice questionnaire was hand delivered to every household inviting
    responses to a range of matters ranging from the infrastructure and local services to housing
    supply and housing need. Specifically, the survey sought to identify the type and category of
    housing that residents saw the need for. No need or desire for development was an option at
    every stage. The survey was the most successful ever recorded with CCD with a survey return
    rate of 99% of all residents. Analysis of the results identified that 82% of residents saw the need
    for development in the village.
    1. Misconduct/Fraud. TDC Planning officers refused to acknowledge the official survey as it
      runs counter to their already predetermined locations for new development. The Planning and
      Compulsory Purchase Act (2004) directs that consultations must be carried out before decision
      making. Important Note: 3 subsequent housing need surveys on Bickington were undertaken by
      CCD were also dismissed because the TDC Local Plan was already redetermined to serve the
      personal interests of the decisions makers within TDC and beyond.
  2. 2006 Teignbridge Local Plan. TDC begins the process of developing a Local Development
    Framework (LDF) which would direct all future new development for the next 20 years. Deputy
    CEO Phil Shears is directly responsible with a duty to ensure the LDF is developed lawfully, while
    portfolio holder for strategic development Cllr Mike Haines is responsible for the locations
    chosen. Cllr Haines is also chair of planning committee at the same time, in breach of recognised
    procedure to safeguard impartiality. TDC choose to develop the LDF through the executive
    committee rather than an all-party independent committee which represents all members of
    3 Permission Accomplished | Transparency International UK
    Beyond Coincidence
    4
    society. Being leader of the council and chair of the executive committee, and an active member
    of planning committee Cllrs Alan Connett and Mike Haines have a conflict of interest in the LDF
    and planning committee. In addition to conflicts of interest, developing the LDF through the
    executive removes transparency and scrutiny of the process, and the process is a breach of
    constitution. The avoidance of due procedure enablesthe above named trio to bypass mandatory
    requirements of public consultation and allows them to engage their own predetermined draft
    policies. At planning committee, Cllrs Haines and Connett, and the head of planning Steve
    Robinson MRPTI began using the unadopted draft policies to determine planning applications,
    and wherever planning committee members object at the use of unadopted policy to determine
    a planning proposal, the political whip is engaged by Cllr Connett to ensure compliance. Note:
    the use of the whip by Alan Connett is well substantiated beyond conjecture and is unlawful in a
    quasi-judicial decision making process. The use of the whip by Cllrs Connett/Haines to
    predetermine proposals of which they both have failed disclose an interest, is a criminal offence.
  3. Flood Plain. A key element of the 2006 LDF was that the bulk of the districts’ development would
    be situated in one location, (known as the Northern Option) with one developer, (Bob Williams
    of Arnold White Estates AWE), (Annexe I) on category 2/3 floodplain. For floodplain and open
    countryside developmentsto be justified, TDC needed to demonstrate there to be no alternative
    locations and thus set about declassifying locations that were already included in the current
    local plan as suitable for development. With regard to Roberts’ village, TDC misreported the
    infrastructure including availability of public transport and services within the village to justify a
    re-classification of ‘unsustainable’ and unsuitable for any new development. (see Annexe K Berry
    Knowle).
  4. 2006 Jan Planning Approved. Robert submitted a planning application for a single dwelling on a
    small infill plot in the centre of a village. The proposal accorded with policies of the adopted local
    plan. Parish Council was unanimousin favour and there were 50 individual letters of support with
    no objections. The planning officer recommended refusal citing unadopted draft policy as
    grounds to refuse the application, but members of Planning Committee knew better and
    determined the application in accordance with the current adopted local plan.
  5. 2006 Apr Maladministration. In realising that approval of the application would set a precedent
    to challenge their own interests, Cllrs Haines and Connett called for the decision of Planning
    Committee to be referred to Full Council to be re-assed. The act of referring a quasi-judicial
    decision made by a properly constituted body (planning committee) (on behalf of the Secretary
    of State), to Full Council is unlawful and a breach of constitution on several accounts, not least
    that a member must be trained in planning before they can take part in a decision making
    process, and a member wishing to vote must have been present4
    for the entire debate of the
    4 At the Court of Appeal in The Spitalfields Historic Building Trust, R (On the Application Of) v London
    Borough Of Tower Hamlets [2023] EWCA Civ 917
    Referring the decision of Planning Committee to Full Council was unlawful, as verified in the Court
    of Appeal judgement in The Spitalfields Historic Building Trust, R (On the Application Of) v London
    Borough Of Tower Hamlets [2023] EWCA Civ 917.
    Beyond Coincidence
    5
    application. In his presentation to Full Council, Head of Planning Steve Robinson MRPTI misled
    untrained members that draft policy had been adopted, and with the use of the whip the decision
    of approval at planning committee was rescinded.
  6. 2006 Apr Fraud and Bribery. Upon publication and circulation of the minutes of Full Council,
    statutory consultees English Heritage and the Parish Council lodged formal complaint of
    misrepresentation of their respective consultation submissions. In response, TDC produced
    another set of minutes in an attempt to hide malfeasance. Members refused to adopt the altered
    minutes which remain as evidence of fraud. In response to a complaint, external auditor PwC
    detailed the misrepresentations at Full Council, and the breaches of procedure in record keeping.
    TDC Head of Development Control seeks a bribe, which is refused. Talk of bribes is commonplace
    even to the sum involved (usually £5,000 cash). Note. The matter of bribery has been reported
    to the Police who did not follow it up.
  7. 2006 Highways Fraud. DCC Highways produced a fraudulent consultation report which gave
    TDC planning officers’ grounds to recommend refusal of Robert’s application. Upon challenge,
    DCC highways officers admitted that highways consultations were steered to serve TDC planning
    recommendations, be they for or against, and irrespective of the purpose of the statutory
    consultation, being that of road safety. The fraud was verified by a TDC highways consultant and
    recorded by external auditors PwC, but only after the planning had been refused. DCC CEO Phil
    Norrey and Solicitor Roger Gash whitewashed and silenced the fraud. Misuse of highways
    statutory consultations are a key regular feature of TDC planning and one example of many is
    evidenced in Annexe A where, on the identical location of the same piece of road, and which has
    not been altered in anyway, a highways consultation recommended the road as being unsuitable
    to accommodate the traffic generated by a proposal of 3 extra residential dwellings. However,
    when Cllrs Haines and Bullivant want to promote the use of the same piece of road for more than
    100 vehicles per hour, the application is approved. To enable the approval, Highways officers
    conveniently failed their statutory duty to provide a consultation, and the planning appeal
    inspector, in breach of procedure, allowed the appeal without the highways consultation. There
    is an established pattern of coincidence where the actions of DCC Development Manager for
    Highways and Transport, Brian Hensley, concur with the planning proposals for Cllr Mike Haines.
    Annexe A provides evidence of the fraud and a brief of other Highways submissions to serve
    interests of Cllr Mike Haines. DCC Highways statutory duties5 are being breached to serve
    predetermined planning decisions and allegations of criminality are being obstructed. DCC are
    also failing to respond to EIR requests to which a response is mandatory. DCC Leader of the
    Council John Hart, and the DCC Solicitor are abusing their respective offices to obstruct evidence
    of criminality, and a serious risk to the lives of primary school children.
  8. 2007 Jan Misfeasance. The refusal was appealed to PINS. In breach of strict rules, Inspector
    Christopher Gethin who resides within the administration of TDC (TQ13 7HW) and whose
    daughter was working within the Council was appointed. Inspector Gethin also had business
    conflicts of interest with the appeal and would be in no doubt that he was disbarred by PINS
    Rules, the Inspectors Code of Conduct and the RTPI Code of Conduct. In presiding over the appeal
    Inspector Gethin refused to consider statutory consultations and determined the Appeal against
    5 High Court judge hands down ruling on lawful scope of statutory consultation response(localgovernmentlawyer.co.uk)
    Beyond Coincidence
    6
    the unadopted draft policies of the LDF. Within six months the LDF would be scrapped, and
    Robert left with a planning application and appeal determined ultra-vires against non-existent
    policy.
  9. 2007 Apr Expert Witness. Complaint was made to the RTPI against evidenced breaches of the
    RTPI Code of Conduct by TDC Head of Planning, Steve Robinson MRPTI. The detailed allegations
    were not responded to other than to claim there was no evidence of wrongdoing. The RTPI
    findings were contrary to several legal opinions including Foot Anstey Solicitor Karen Trickey
    (planning agent) who advised “the Full Council’s decision is procedurally improper”, and leading
    planning specialist Charles George QC who reported “there has been at least ineptitude where
    Mr and Mrs Wakeling have suffered injustice”. A detailed report setting out the many breaches
    of procedure and use of unadopted policy was prepared by Expert Witness Olorun Planning
    which Phil Shears has refused to consider. In addition, two totally separate independent RICs
    Surveys have been undertaken which prove beyond doubt that the written reports made by
    Senior Planning Officer Ian Perry MRPTI are fraudulent where he has tried to coverup wilful
    misrepresentations and altered official records.
  10. 2007 Apr Misfeasance. Examining Inspector Neil Pope, appointed by the Secretary of State to
    ensure that the LDF was being developed lawfully, warned TDC that procedures had not been
    followed and that to continue developing the LDF would be a waste of his time and taxpayers’
    money. Under the direction of Deputy CEO Phil Shears, officers were instructed to ignore the
    warnings and continue development of the LDF.
    12 2007 Apr Abuse of Power. Following directions on the PINS website, Robert requested a judicial
    review. PINS staff engaged with Robert advising on the procedure of a judicial review and that
    PINS must review the evidence before a judicial review could proceed. Robert was wilfully misled
    into believing correct procedure was being followed, until PINS staff announced that the judicial
    review time limit had expired. Complaint was made to PINS detailing the many breaches of
    procedure Inspector Gethin’s’ wilful breaches of the Inspectors Code of Conduct. Deputy CEO
    Leonora Rozee OBE responded in denial and then called Robert by telephone where she engaged
    in intimidation saying, “do you know who I am”. CEO Katrine Sporle obfuscated the complaint
    despite hard evidence before her. Katrine Sporle failed to disclose her personal interest in the
    TDC LDF or her relationship with Cllr Haines.
  11. 2007 Jun Fraud and Conspiracy to De-Fraud. On Robert’s behalf, constituency MP Richard
    Younger-Ross wrote to TDC with his concerns. Deputy CEO Phil Shears responded stating that
    RW’s complaint has been fully investigated in accordance with statutory duty and no evidence of
    wrongdoing was found. However, in breach of constitution and mandatory directives of the Local
    Not known at this stage is that Cllr Mike Haines was holding meetings (undisclosed) in
    Exeter with PINS CEO Katrine Sporle to predetermine the TDC LDF. Haines also failed to
    declare his friendship with PINS Dep CEO Leonora Rozee, his employment with the RTPI
    where he worked alongside Rozee at the RTPI Summer Camp, his personal and pecuniary
    interests with RTPI Secretary General Robert Upton, and the arrangement of an £8000
    money gift to Leonora Rozee after she had assisted in covering up the fraud by Inspector
    Christopher Gethin and CEO Katrine Sporle.
    Beyond Coincidence
    7
    Government Act 1972, TDC were unable to produce any findings of investigation. The statements
    made by Phil Shears contradicted those made by the TDC Solicitor/Monitoring Officer Sue Aggett
    who refused (in writing) to investigated Robert’s complaint. Furthermore, in his letter Shears
    made an unprompted reference to the live RTPI investigation and the allegations against Steve
    Robinson MRPTI which he claimed, “carry no substance”. That Shears would choose to comment
    on a live and confidential investigation by RTPI adds weight to the concerns of conspiracy and
    fraud Annexe L.
  12. 2007 Sept Local Plan Scrapped. Examining Inspector Neil Pope published his findings which
    identify multiple breaches of procedure and incompetence by TDC officials. The Secretary of
    State directed TDC to scrap the LDF which confirmed that Robert’s planning application and
    appeal were determined ultra vires against draft policy which never reached adoption stage or
    lawful existence. Cost of scrapping of the LDF is substantive (estimates in the media range
    between £500k and £8m).
  13. 2007 Oct RTPI Conspiracy to Defraud. Robert went back to the RTPI with evidence that he had
    a planning application and appeal determined against non-existent policy and irrefutable
    evidence of unlawful procedure, and breaches of the RTPI Code of Conduct. The RTPI responded
    advising that none of the scrapped policies affected the planning application (changed status of
    Bickington from classified rural settlement to open countryside) and that the draft policies were
    valid at the time of Robert’s planning application. Note. The findings and statements issued by
    the RTPI are in direct conflict with the Planning and Compulsory Purchase Act 2004, Section 38,
    (3)(b), (5) and (6), and the TDC Constitution which forbids strictly, that draft policies must not be
    used to determine planning applications before the draft policies have been approved by the
    Secretary of State and adopted by the Council.
  14. 2008 Standards Committee. Robert was a member of the TDC Standards Committee elected
    by Teignbridge Association of Local Councils (TALC) to represent the interests of the Districts
    Town and Parish Councils. A primary concern being raised at TALC meetings was that planning
    officers were continuing to use the draft LDF policies which had been scrapped, to determine
    planning applications. Upon reporting these concerns to Standards Committee, Robert was
    subjected to intimidation (written) from the Chair of Standards Committee Derek Phillips,
    Solicitor and Monitoring Officer Sue Aggett, and Council CEO Nicola Bulbeck. Note. There is a
    long established record of TDC Standards Committee being used by officers (overseen by Phil
    Shears) to intimidate whistleblowers and members who raised concerns of planning
    malpractice – see para 56.
    Conflicts of Interest
    Chair of TDC Standards Committee Derek Phillips was also chair of the Police Standards
    Committee at the same time.
    • Phillips was vice-president of Exeter Chamber of Commerce with members directly
    affected by the TDC Local Plan
    • Held 16 Directorships in local businesses, some of which were affected by the TDC
    Local Plan
    • Is a close friend of Devon CC CEO Phil Norrey, who was covering-up DCC Highways
    Consultations Fraud.
    Beyond Coincidence
    8
  15. 2008 Apr Police Investigation. Robert reported the intimidation and harassment to the Police
    who investigated and produced a witness statement consisting of 34 pages and 110 exhibits
    of fraud and conspiracy to defraud. Appearing extensively in the report is the correspondence
    of PINS CEO Katrine Sporle and Deputy Leanora Rozee OBE in which wilful breaches of
    procedure and obfuscation are evidenced. Also featured are the RTPI findings of investigation
    together with numerous statements from TDC which identify acts of misfeasance, alteration
    of official documents, and fraud by misrepresentation. The Standards Board for England (SBfE)
    Head of Legal wrote to Robert privately with evidence that an SBfE investigation into
    allegations against Cllr Haines had been misled by evidence supplied by TDC Democratic
    Services Manager Neil Aggett (husband to TDC Solicitor Sue Aggett). It was also found that
    TDC Solicitor Simon Barnes had lied about communications with SBfE.
  16. 2008 Jul The RTPI was provided with more evidence and asked to reconsider the findings of
    investigation. In refusing to reopen the complaint, Secretary General Robert Upton CBE
    responded stating “In my view your concerns have been considered in three rigorous, impartial
    and unconnected procedures. None of these has found any grounds on which to support your
    complaint”. Robert Upton has lied and abused his position of trust to hide his and his
    colleagues undisclosed personal and pecuniary interests.
  17. 2008 Dec Statutory Investigation Stopped. Because Phil Shears was refusing to supply the
    findings of investigation and in light of new evidence, Robert lodged a new complaint with
    TDC Solicitor/Monitoring Officer Sue Aggett and Senior Auditor Sue Heath, under the TDC
    TDC failure to investigate fraud is a breach of constitution while failure to produce
    findings of investigation is a breach of the Local Government Act 1974, and a breach of
    Human Rights Act Article 6 and the Right to a Fair Hearing.
    Failure to disclose personal/pecuniary interests. When chairing and influencing TDC
    Planning Committee, and as Portfolio holder for strategic planning, Cllr Mike Haines has
    failed to declare predisposition and pecuniary interests:
    • Meetings with property developers concerning the local plan and the routing of
    the South Devon Link Road, affecting major developments around Newton
    Abbot, i.e., Langford Bridge and Wolborough NA3.
    • Undisclosed and predetermined interests in Seale-Hayne (NA1) and its environs.
  18. Hymec Aerospace began discussions with TDC planning officers for the creation of
    a science park next to the A38 near to Bickington. The proposal was for a high tech
    production facility to produce specialist parts for aircraft interiors, and also to provide a
    number of incubation units for hi tech start-up companies. The low visibility proposal
    included full screening proposals to improve the road network above existing conditions.
    The proposal was obstructed as it might affect Cllr Haines predetermined proposals for
    redevelopment of Seale-Hayne Agricultural College and farmlands.
    Beyond Coincidence
    9
    Fraud and Anti-Corruption Policy. Following a meeting to discuss the allegations, Senior
    Auditor Sue Heath confirmed receipt of the evidence of fraud and promised to supply Robert
    with the findings of investigation once complete. After several months had passed, Robert
    applied to Sue Heath for an update, but Sue Heath could not be contacted. Robert continued
    to chase the findings and in December 2008, CEO Nicola Bulbeck emailed Robert informing
    that the investigation had been stopped.
  19. 2009 Jan – Apr Police fail to respond to CPS requests. The Police submitted their report
    to the CPS who requested the Police to submit the TDC findings of investigation. However
    the Police could no longer be contacted in the matter and failed to respond to the CPS
    requests to view the findings of investigation, on at least three subsequent occasions.
  20. 2009 Aug. Wilful Misrepresentation. CEO Nicola Bulbeck sent a covert email to all members
    advising that the Police and the CPS could find no evidence of wrongdoing.
  21. 2009 May. Malfeasance. TDC Head of Legal confirms that TDC will continue using the scrapped
    draft policies, to determine planning applications, ultra vires.
  22. 2009 May. TDC ward member for Bickington, Cllr Jeremy Christophers reported to local
    newspaper MDA; “I feel that to judge an application on policies that have not been adopted
    damages the reputation of the Council and they need to be investigated by an independent
    body”. The newspaper article records that TDC have never produced any findings of
    investigation into Robert’s complaint and that Phil Shears is lying.
  23. 2009 June Fraud Recognised. MP Richard Younger-Ross made a statement in the local
    newspaper calling for the Secretary of State John Denham to intervene ‘I’ve asked them to
    look at it and potentially call the decision in. What Mr Wakeling is alleging concerns not just
    the planning process but improper use of local government’, Mr Younger-Ross said. (Mid
    Devon Advertiser 26 June).
  24. 2010 May. Mel Stride following a boundary change, Mel Stride is elected to serve the new
    constituency of Central Devon which encompasses Bickington. Constituency office staff
    (Phillip Vogel) who, as former Clerk of Bickington Parish Council, had witnessed the breaches
    of planning procedure, pleaded with Mel Stride to meet with Robert and discuss. Mel Stride
    refused to discuss or represent Robert (constituent) in the matter.
    Conspiracy to Pervert the Course of Justice. The Police failure to respond to the CPS,
    and the stopping of the Police and TDC investigations is no coincidence. When it was
    realised that the Police investigation would identify criminal activity within PINS and the
    RTPI, any further action by Devon and Cornwall Police was stopped and prevented.
    Beyond Coincidence
    10
  25. 2012 Malfeasance Confirmed. TDC announce a new local plan which confirms that Bickington
    will not change to ‘Open Countryside’ status but remain as per the adopted local plan. Robert
    makes complaint to TDC that a) his planning application was determined against non-existent
    policy, b) that between 2007 and 2012, officers had referred to unadopted policy to unlawfully
    obstruct a new planning application, c) that TDC had never
    supplied the findings of investigation which Phil Shears claim to
    hold, and which Robert was lawfully entitled to. Council Solicitor
    Duncan Moorsresponded with a threat of Police action if Robert
    pursued his complaint.
  26. 2012 Honours for Favours6 7
    Katrine Sporle awarded a CBE for her contributions in the
    planning system while there remain outstanding allegations of fraud and corruption with
    Dept. Communities, Housing and Local Government DCHLG against her.
  27. 2014 Oct Obfuscation. Eventually Mel Stride agrees to represent Robert in the injustice
    caused by PINS management. However Stride’s enquiry to the Secretary of State was couched
    to receive a predetermined response . Minister for Housing and Planning Brandon Lewis MP
    replied stating ‘as you rightly point out, the planning system is administered at local level and
    neither the Department’s Minister’s or officials routinely intervene’. The CEO of PINS reports
    directly to the Minister for Planning (Brandon Lewis), who is directly responsible for the
    actions of the CEO. How can a complaint of corruption against the CEO of PINS be a local
    matter?
  28. 2015 Feb. Fraud. Evidence of breaches of the RTPI Code of
    Conduct by RTPI members are sent to MD Sarah Drake who
    opens an investigation. CEO Trudi Elliott CBE intervenes
    and stops the investigation claiming there to be ‘no evidence
    of wrongdoing’. Sarah Drake resigned her position with the RTPI and is currently CEO of the
    Chartered Governance Institute UK and Ireland. Trudi Elliott was rewarded with
    appointment as Chair of the Board of the Planning Inspectorate PINS in 2018.
  29. 2015 Mar Upheld. ICO upholds Roberts Freedom of Information Complaint and instructs TDC
    to supply Robert with the findings of investigation which Phil Shears claims to have been
    conducted ‘in accordance with statutory procedure’ (Annexe L). The ICO directs that the
    6
    Labour raise ‘concerns about cash for favours’ over Tory donor’s property deal – Mirror Online
    7 https://www.thetimes.co.uk/article/c7475b1f-6a5c-44c0-8cf6-
    3e731aed86b0?shareToken=4a2801cc0f3713d7cb15d939e1b56982
    Conservative Government in Perpetuity. Mel Stride was at Oxford with William Hague,
    who introduced Stride to David Cameron. Stride was the first ‘A list’ parliamentary
    candidate to be appointed by Cameron in 2006. In 2007/8 Mel Stride began appearing at
    local government meetings which were called to discuss development of the local plan,
    and planning issues. Planning has been a key element in funding the Tory Party to enable
    a Tory Government in perpetuity.
    Undisclosed. CEO
    Nicola Bulbeck
    employed Robert Upton
    as consultant.
    Sarah Drake is the only
    person involved that is
    not ex local government.
    Beyond Coincidence
    11
    request should be treated as SARS under GDPR Rules, and there are no exemptions to supply.
    TDC fails to supply the findings.
  30. 2017 June Police. A report is sent to the Office of the Police Crime Commissioner Alison
    Hernandez with new evidence of malfeasance including new evidence of undisclosed interests
    previously not considered. The OPCC directs Robert to Fraud Unit Manager Neil Blackhurst
    57062 who arranges for Robert to meet with Investigator David Buckley 57235 at Newton
    Abbot Police Station, 30 August 9:30am. The complaint and new evidence are obstructed.
  31. 2017 Nov. BBC Countryfile. Bickington feature in the series ‘Villages on the Verge’ and
    presenter Tom Heap strolls around the village noting the absence of people and lambasting
    residents for allowing the village to fall into decline without addressing the housing needs of
    younger people and families with children.
  32. 2017 Nov Western Morning News in a feature entitled ‘Gloomy picture of rural England’ as
    villages lose pub, shops, and schools, Bickington is the focus where several residents are
    interviewed about the decline of the village. “what Bickington needs above all is more housing
    to bring more people to the village”.
  33. 2018 Jan Council holds no record of findings. In pursuit of the Phil Shears findings of
    investigation, Monitoring Officer Neil Aggett responds to an official FOI communication
    confirming that the Council holds no record of any investigation contrary to the claims of Phil
    Shears.
  34. 2018 23 Jan New Complaint. On the basis that TDC holds no record of investigation, officers
    Sue Heath, Sue Aggett, Neil Aggett and Duncan Moors, have breached adopted procedure
    and are identified in acts of intimidation, and obfuscation. TDC confirms the matter will be
    investigated and responded to.
  35. 2018 Jul Payoffs. Announced in the media, Phil Shears has arranged a golden handshake
    payoff of £250,000 for Sue and Neil Aggett who are being investigated for fraud.
    Police wilful breaches of procedure. It was not realised at this stage that trust in the
    Police Commissioner was misplaced. Neil Blackhurst and David Buckley obstructed the
    complaint and gaslighted Robert to believe that the criminal activity being recorded, was
    not a Police matter. Neil Blackhurst tried to intimidate Robert and it turned out that the
    original investigator Harry Sleeman (now retired) was Blackhurst’s and Buckley’s former
    CO and whom they were still in contact with. It would appear that pressure was brought
    to bear on Harry Sleeman not to proceed with the original complaint hence the CPS was
    never responded to. Under the control of PCC Alison Hernandez, Neil Blackhurst was
    forewarned to obstruct the case, and which would save any further embarrassment and
    exposure of Police misconduct.
    Beyond Coincidence
    12
  36. 2018 Jul Fraud. Phil Shears responds to the allegations against Sue Heath, the Aggetts and
    Duncan Moors and claims to have studied the original findings of investigation to determine
    that there is no evidence of wrongdoing.
  37. 2018 Aug Fraud. A new Subject Access Request (SAR) request is lodged to view the findings of
    investigation that Phil Shears refers to and which are personal to Robert. TDC is in breach of
    the Freedom of Investigation Act (FOIA). Whether or not the investigation findings actually
    exist is a matter of speculation, but either way Phil Shears does not want the matter to be
    considered as it will expose corruption between TDC, PINS, and the RTPI.
  38. 2018 Fraud. Planning Determination. Robert submits a new planning application which is to
    be determined by officers under delegated authority. Noticeable is how planning officer
    Angharad Williams MRPTI uses different criteria to that used in other applications in the same
    vicinity, for which she is the planning officer. Williams discriminatory and fraudulent acts to
    obstruct the application are blatant and without shame. The application is refused against
    unidentified policy which appears to have no existence. It is mandatory policies used to
    determine an application must be identified in a determination notice but TDC refuse to
    identify the policy. A subsequent EIR request (EIR cannot lawfully be refused) is submitted to
    view the policy which is also declined. In 2020, the Information Commissioner (ICO) confirmed
    that TDC hold no record of such policy. This is the third planning application that has been
    determined (refused) against non-existent policy, and which rules out administrative error. On
    each and every occasion the planning fraud was performed by a chartered member of the
    RTPI. ‘We are responsible for maintaining professional standards’
    8
    8 RTPI | About us
    Phil Shears is estimated to have misused more than £1m of taxpayers’ money in payoffs
    to officers involved in the coverup of planning fraud. CEO Nicola Bulbeck was the highest
    at a reported £320,000 when she resigned with another job ready to step into. Why are
    such large payoffs being made, if at all, when all the payees involved are evidenced in
    acts of misconduct? Is there detail which Phil Shears wants to hide?
    1
    st February 2024. Police open investigations into £1m staff payoffs at Northumberland
    CC which were not approved by members, between 2017 and 2022.
    Punishment and Harassment for whistleblowing During 2018, TDC revise the Bickington
    village envelope into 4 parts so that the curtilage of Robert’s property, which is located in
    the centre of the village, is drawn outside of the development envelope. Robert’s property
    is the only one subjected to such treatment, and which enables TDC to class any
    subsequent planning application as being ‘open countryside’ as against being in the centre
    of the village and surrounded by built environment on all sides. Exchanges of
    correspondence with Phil Shears verify his wilful intent to cause harm and loss and deny
    Robert services of the council available to all other users of the TDC planning system.
    Beyond Coincidence
    13
  39. Nov 2019. Fraud. Having established that the 2018 planning application had been determined
    ultra vires, the application was resubmitted. Senior planning officer Peter Thomas MRPTI
    misrepresented the facts of the application in his planning report but failed to correct the
    errors and omissions when formally notified. The application was supported by Bickington PC,
    the county ward member and the two Teignbridge members, who, having learnt of the
    misrepresentations, requested the application be called in to Planning Committee. Cllr Mike
    Haines chaired the meeting where he failed to declare his personal interests and
    predetermined interests in the case. Cllr Jackie Hook partnered with Haines and led the
    meeting in which the facts of the application were misrepresented. Ms Hook was portfolio
    holder for Housing at that time and failed to declare her predetermined interests in the
    application. Both Haines and Hook engaged in the voting process in which they both had
    personal and occupational conflicts of interest. Haines instructed the meeting that the minor
    application could not be considered during a local plan consultation period and therefore
    should be refused. The statement of Haines is contrary National Planning Policy Framework
    NPPF and PAS Policy Guidelines. This is the fourth time an application has been determined
    in breach of procedure and planning law.
    Annexe L Berry Knowle identifies that the same area promoted by Haines/Connett/Shears in
    the 2006 LDF, and which was scrapped by the Secretary of State in 2007, has been granted
    approval by stealth, in breach of the P&CP Act and the need to consult, in breach of NPPF
    Rules which forbid consideration of a major development during a consultation period, and
    without disclosing conflicts of interest. Cllr Jackie Hook is indicted in the criminal activity as
    detailed in para 41.
    Undisclosed Interests Leader of the Council Jeremy Christophers has made an
    unexplained U-turn on his advocacy of the need for new development in Bickington and
    refused to request that the planning application be taken away from officers and referred
    to Planning Committee for consideration. Christophers claimed that Planning Head Nick
    Davies had requested him not to refer the application out of officer’s control.
    Christophers was instrumental in gaining approval for the A382 road improvements
    which Teignbridge taxpayers have contributed £9m to, and which has been redeveloped
    beyond measures required for reasons of safety, into a major road to serve other
    purposes not disclosed. Recent events however suggest that predetermined major
    developments are behind the elaborate road which will reduce development costs at the
    tax payer’s expense. In what appears to be a quid pro quo arrangement, Christophers
    efforts are rewarded with a predetermined residential development on the outskirts of
    Kingsteignton planning ref. 23/02302/MAJ. The development opportunity appears not to
    have been offered on the open market in breach of the Localism Act 2011. Christophers
    is a major funder and person of influence in the project, but his name does not appear in
    the application which is being fronted by Devon Custom Homes Ltd. Annexe B Cllr
    Christophers makes a U-turn
    Officer Nick Davies leaves TDC to take up new employment with PINS as Planning
    Inspector.
    Beyond Coincidence
    14
  40. 2020 Fraud and Conspiracy to Defraud. Not long after the 2019 refusal in Bickington, Cllrs
    Haines and J Hook teamed up to approve a major planning application at Berry Knowle ref.
    16/02693/MAJ. The location is in open countryside and a departure from the adopted local
    plan. NPPF Policy directs that major planning applications must not be considered during a
    consultation as there is a real danger that the direction of the local plan would be
    predetermined. Berry Knowle is in the location of the ‘Northern Option’ which Cllr Haines and
    Phil Shears tried to include in the 2006 LDF, and which developer Bob Williams of AWE is/was
    involved. The officers report differs greatly from the local community findings regarding flood
    plain, and the findings of the Secretary of State in 2007, who directed against any
    development at Berry Knowle and its environs due to the high risk of flooding. To reduce
    developer costs however, and at the taxpayers expense, the over engineered improvements
    to the A382 have been made – see Annexe A1, para A4, A382 upgrade, and Annexe C.
    Sustainability. Haines failed to declare his meetings with Robert Upton and Leonora Rozee, to
    which Bob Williams attended, in breach of TDC code of conduct. Mike Haines had a conflict of
    interest and should not have voted or taken part in the approval of Berry Knowle in 2020. That
    Haines chaired the planning committee to approve Berry Knowle and abuse his position to
    promote a major development for which he had undisclosed personal interests, is a criminal
    offence. Equally, Phil Shears abusing his office to prevent any investigation into malfeasance
    in a matter which he has a personal interest, has also committed a criminal offence as has
    Monitoring Officer Paul Woodhead who is abusing his position to obstruct any investigation.
    Abuse of public office
    Cllr Mike Haines is a Professional and Expert in matters of planning. He has been
    employed in a professional capacity by the RTPI to lecture on the development of local
    plans, and his is a nominated national peer for the Government funded Planning
    Advisory Service PAS. It is understood that Cllr Jackie Hook also holds a professional
    planning qualification (not confirmed). Both hold positions of high responsibility and
    trust within TDC and beyond.
    Unlawful Development
    Permission Accomplished. With the assistance of Phil Shears, Cllr Mike Haines has an
    established track record of promoting and approving major planning proposals during a
    consultation period, in breach of planning law, and TDC constitution. See Annexe C
    Breach of Charitable Status There appears to be a mutually beneficial arrangement
    whereby local planning authorities insist that all planning staff are members of the RTPI,
    in exchange for the RTPI covering up and whitewashing breaches of planning procedure.
    The RTPI is an International organisation which, in failing to uphold its declared values
    and comply with its declared charitable status, is bringing the reputation of the UK
    planning system into disrepute.
    Beyond Coincidence
    15
  41. 2019 – 2021 Formal complaintis submitted to the RTPI against breaches of the RTPI Members
    Code of Conduct, on two occasions, which the RTPI refuse to consider. CEO Victoria Hills
    MRPTI is unconcerned that that the RTPI is operating in breach of charitable status or royal
    chartered status, and no concern that the planning system is being brought into disrepute by
    chartered RTPI members9
    . Most of the management of PINS and the RTPI, identified with
    fraud and corruption, are chartered members of the RTPI.
  42. Forgery. Between 2019 and 2023 Mel Stride is provided with evidence of mis/malfeasance
    by senior management of the Planning Inspectorate PINS with which he is requested to
    represent Robert’s concerns. In one response which Stride purports to have received from
    Minister Robert Jenrick, the contents of the email are fraudulent and are a paste and copy of
    a Ministerial response to matters in South Kesteven in Lincolnshire and passed off as a
    response to concerns in Teignbridge. See Annexe D for emails and letters.
  43. Malfeasance. In his capacity as Chair of the Treasury Select Committee on Economic Crime,
    Mel Stride is provided with evidence that CEO of PINS Sarah Richards MRPTI is operating a
    commercial business with her architect husband which submits planning appeals on behalf of
    major developers. The business website boasts more than 400 successful planning
    considerations which is contrary to Sarah Richards disclosure ‘infrequently submits appeals
    on behalf of clients’ and which Chair of the Board Trudi Elliott CBE MRPTI has managed to
    overlook despite the information being readily available online. In her disclosure to PINS Ms
    Richards states ‘no payment is received’ in reference to other planning development
    companies to which she and her husband own. Mel Stride refuses to act on the evidence
    although the Morris Richards website suddenly disappears, and Sarah Richards unexpectedly
    resigns10 her position as CEO of PINS.
  44. Nov 2019 Conspiracy to Defraud. Following the refusal of the planning proposal (para 40.)
    TDC are notified that the decision is a departure from National Planning Policy Framework
    policy (NPPF) whereupon it is mandatory for the planning authority (TDC) to explain and justify
    the reasons for the departure. Cllr Jackie Hook refuses to comply with mandatory procedure
    in breach of statutory duty, council constitution, and the Equality Act 2010. Bickington Ward
    Member John Nutley take the matter up with Monitoring Officer Karen Trickey who
    repeatedly delays her response for three months while she and Sue Heath were assist ICO
    Solicitor Sapna Gangani to fabricate an allegation of vexatious. Once complete, the allegation
    of vexatious was used by TDC as grounds not to respond to any further communications from
    Robert, including allegations of discrimination, and evidence of undisclosed interests in major
    planning determinations. Irrelevant of any claim of vexatious, TDC cannot lawfully refuse to
    respond to allegations of discrimination or criminal activity.
  45. Conspiracy to Defraud. At the same time as Karen Trickey’s delays, the ICO were also
    reporting continual delays in an investigation in to TDC failure to supply the findings of
    investigation (para 30 and 35), and the ICO investigator explained that the cause of delay was
    due to interference in her investigation. It became obvious that the delays of TDC and the ICO
    9 code-of-conduct-newcover2017.pdf (rtpi.org.uk)
    10 Planning Inspectorate Chief Executive announces departure – GOV.UK (www.gov.uk)
    Beyond Coincidence
    16
    were linked, and that TDC knew of the Information Commissioners findings of investigation
    months before it was published. Karen Trickey stalled for time to enable a claim of ‘vexatious’
    to be cited, as grounds not to uphold her mandatory duty.
  46. Conspiracy to Defraud. The Information Commissioners decision was published 30 January
    2020, and which found that Robert was ‘vexatious’ and TDC was entitled to refuse to supply
    the requested information, contrary to the earlier ruling that there were no exemptions to
    GDPR SAR requested information. Upon realisation of the collusion, Robert complained ICO
    investigator Claire Walsh who responded, “I hope you don’t think that I am involved”. A
    subsequent SAR request to TDC reveals extensive collusion between TDC Senior Auditor Sue
    Heath, and ICO Solicitor Sapna Gangani in which Sue Heath asks Sapna Gangani “is this the
    sort of thing you are looking for”, whereas the Information Commissioner should only be
    looking at the facts presented and not assisting TDC to fabricate an allegation of vexatious.
    Other facts revealed in the TDC SAR request is that former ‘Business Manager’ Simon
    Thornley (head of development control?) challenged the TDC official statement of ‘no
    wrongdoing’ in Robert’s planning determination 2006, and the use of unadopted draft LDF
    policy. Soon after, Simon Thornley was found to no longer be employed by TDC.
  47. Mar 2020. Breach of DATA Protection Act. The decision of the Information Commissioner was
    appealed to the FOIA First tier Tribunal, and in April ICO Solicitor Sapna Gangani supplied the
    Tribunal with a list of correspondence between Robert and TDC in support of the allegation of
    Conspiracy to Defraud by unfair advantage to serve personal interests
    Community Infrastructure Levy (CIL) Payments
    Explanation. The Community Infrastructure Levy (CIL) is a planning charge, introduced by
    the Planning Act in 2008, as a tool for local authorities in England and Wales to help
    deliver infrastructure for new development. However, as evident in Annexe E, TDC are
    abusing the intended purpose of the CIL and are charging levy of 70% on existing areas
    with infrastructure, whilst at the same time charging a reduced levy on remote areas
    without infrastructure, and which is witnessed in the haphazard CIL levy zone plan in
    Annexe E. The CIL levy zones bear no resemblance to the cost or provision of new
    infrastructure but is drawn to favour areas where there are undisclosed interests, and
    which have been predetermined for inclusion in the local plan. Notwithstanding the
    criminality involved, the resultant harm is significant where:
    i. The taxpayer has to fund infrastructure that should be borne by the developer.
    ii. Development in the existing built environment is deterred due to excessive costs.
    iii. The policy creates an artificial demand for development and homes in the
    predetermined areas.
    iv. Building on flood plain is a time bomb with rising sea levels and unsustainable.
    v. The policy of Cllr Jackie Hook to develop areas of important habitat to rare and
    endangered species is an ecological disaster, and beyond irresponsible when there
    are areas more suitable for development readily available and with existing
    infrastructure, within the district.
    vi. New developments of 1,000s of homes in one location is out of character with
    Newton Abbot and its surrounds.
    Berry KNowle
    Beyond Coincidence
    17
    vexatious. Included in the correspondence however was some private emails between Robert
    and Cllr Gordon Hook on Gordon’s private personal email address. Alarmed at finding the ICO
    to be in possession of Robert’s private DATA, Gordon was asked for an explanation. Several
    exchanges revealed that Gordon had no idea of the ICO Tribunal, that he did not consider
    Robert to be in anyway vexatious, and that he had no idea how the private DATA came to be
    in the possession of Sue Heath and the ICO. Gordon later sent two emails explaining that his
    emails had been hacked. Robert alleges that it was Cllr Jackie Hook who accessed Gordon
    Hook’s emails and supplied them, without consent to dual hatted Sue Heath who is also TDC
    Data Protection Officer DPO and cannot lawfully be involved in the case due to a conflict of
    interests – Annexe G.
  48. Public Trust in the Judiciary in decline. Breaches of Tribunal Rules and conflicts of interest
    within the Judiciary, to prevent the release of TDC findings of investigation into Robert’s case,
    have resulted in some dangerous groundbreaking precedents which are a threat to
    democracy. ‘a considerable proportion of the population as a whole reports a declining trust
    in judges’ 11 Conflicts of Interest Annexe H More than 200 judges and magistrates have been
    formally disciplined for misconduct in the last four years12
  49. 2020 Devon and Cornwall Police breaches of procedure. D&C Pollice were investigating
    Robert’s case Crime Reference Number CR/052092/20, although not without numerous
    breaches of procedure including repeatedly losing the same evidence on 3 occasions and
    failing to follow up on the TDC findings of investigation which Phil Shears and the Council
    Solicitor repeatedly referred to as grounds to dismiss evidence of fraud. As a consequence of
    the repeated failings Detective Inspector Julie Scholes 14914 was appointed to oversee the
    case, and to who Robert reported the stolen DATA. In dismissing the complaint, DI Scholes
    informed that cyber-crimes were never pursued because the hacker can rarely if ever be
    traced. It was explained that TDC officer Sue Heath must know how the stolen information
    came into her possession, and that the DATA was being unlawfully used by ICO Solicitor Sapna
    Gangani to mislead an Appeal at a Freedom of Information Act FOIA Tribunal. Notwithstanding
    the act of obtaining and using personal data (without permission) to wilfully mislead a court
    of law, ICO Solicitor Sapan Gangani and TDC Senior Auditor Sue Heath have committed a
    further criminal act under the Data Protection Act 2018. See Annexe G.
  50. July 2020 – Jun 2022. Police Ineptitude. Robert refers the Police to their adopted policy D022
    and requests that, due to the identified conflicts of interests, policy directs that any
    investigation must be performed by a third party. The Police refuse to comply with the request
    and proceeded to conduct an internal investigation in breach of procedure. For two years the
    case is subjected to layer upon layer of bureaucracy and administrative errors until eventually
    Robert receives a communication from a complaint review officer who appears to be the only
    person in the Constabulary who is able to interpret policy and procedure:
    11 Ground-breaking polling YouGov: trust in the judiciary – Good Law Project
    12 Sacked, reprimanded, and forced to resign: hundreds of judges censured for misconduct, new figures show
    (msn.com)
    Beyond Coincidence
    18
    Further to our previous emails in respect of your review request I am pleased to be able to
    confirm that the IOPC has confirmed to Devon & Cornwall Police that they have accepted my
    and your view that they are the correct review body.
    You should hear from the IOPC soon, if you have not already. Their reference number for
    your review is 2021/159867
    Please take this email as confirmation that I will withdraw and close your review request to
    the OPCC.
    I am sorry it took a while to sort this for you
    The exchanges of correspondence simply for the Police to interpret and apply policy
    took more than 50 emails/letters, and 2 years in time, during which, new evidence of
    serious crime is neither acted upon nor responded to.
  51. Formal Complaints to Chief Constable Shaun Sawyer not responded to.
    Three formal complaints of breaches of procedure, failure to act on evidence of serious crime,
    and complaints against TDC Phil Shears for abuse of power, harassment, and discriminatory
    actions in breach of the Equality Act, are neither acted upon nor responded to.
  52. IOPC Malfeasance
    08 June 2022. IOPC Casework Manager Peter Hunt delivers his findings into the complaint
    instigated by the Police against themselves. At the start of the investigation, evidence was
    forwarded to Peter Hunt who confirmed it would form part of his investigation. Allowing only
    a couple of working days for investigation, Peter Hunt produced his findings of ‘no significant
    fault’ and advised that the Police should not proceed further with the case. By his own written
    admission, he had not looked at the supporting evidence critical to any consideration of the
    case. Suspicions were heightened at the number of inaccuracies found in the findings which
    tallied with identified police misreporting, and subsequently it was found that Peter Hunt had
    been meeting with the Police to discuss the case prior to opening his investigation. The IOPC
    refused to consider evidence of malfeasance and breaches of procedure and obstructed any
    complaint. Conveniently for the IOPC there is no right of appeal against an IOPC decision. “The
    investigative process itself was minimal, unprofessional and the decision-making was
    flawed”13 Former High Court Judge denounces the IOPC.
  53. OPCC Police and Crime Commissioner Misfeasance
    August 2022. A SAR request reveals that Police and Crime Commissioner Alison Hernandez is,
    by way of unlawful redaction, misusing the office of OPCC to hide evidence of Police/IOPC
    malfeasance. When Robert tried to contact the original Complaint Review Officer who
    appeared to be the only person in the Constabulary able to interpret police policy, Robert’s
    email was intercepted and blocked by the Business Support and Customer Services Manager
    13 former High Court judge has denounced the IOPC
    Beyond Coincidence
    19
    who advised: ‘In relation to your request to Mrs Reece for her understanding of the matters
    to which you refer (which I can advise Mrs Reece did not receive), I would reiterate that the
    OPCCs role in these matters has concluded, and we are unable to provide you with any further
    assistance in relation to them’.
    The email from the Business Support and Customer Services Manager confirms:
    i. Evidence of criminality is being obstructed
    ii. Robert’s communications are being intercepted to prevent any consideration of his
    complaint.
    The Police and Crime Commissioner has been obstructing evidence of crime since February
    2022 and is in breach of her sworn oath of office, reproduced in Annexe F.
  54. January 2023. Systemic Problems. The Local Government and Social Care Ombudsman
    (LGSCO) takes the rare step of making public its findings of investigation into a complaint
    raised by TDC Cllr Richard Daws regarding failure to follow procedure in a Standards
    investigation relating to matters of planning and development control. The LGSCO concluded:
  55. We find fault by the Council causing injustice to Councillor Daws. We recommend the
    Council take the action described above to remedy that injustice.
  56. We have published this report because we consider it in the public interest to do so, given
    the injustice caused to the complainant and the wider systemic problems the complaint has
    revealed.
    Cllr Richard Daws is now the TDC Leader of the Opposition and South Devon Alliance of
    Independent Councillors
  57. Feb 2023 Misconduct & Conspiracy to Defraud. The TDC draft local plan is published, and
    which declares Bickington to be unsustainable on the grounds that there is no primary school
    or shop. An EIR request is made for the criteria that discounts the village primary school and
    two shops long established. The EIR response states that the shop in the village could close at
    any time (been open 25+ years) and the road between Blackpool School and Bickington is too
    steep! Given that the road gradient is more shallow than other schools in the locality, and
    that the gradient is not an issue for other new developments that Cllr Jackie Hook has pushed
    through development control, identifies wilful misrepresentation for personal gain, and abuse
    of position to cause harm and loss.
    Extract from the sworn oath Alison Hernandez
    • I will give a voice to the public, especially victims of crime, and work with other
    services to ensure the safety of the community and effective criminal justice.
    • I will take steps within my power to ensure transparency of my decisions, so that I
    may be properly held to account by the public.
    Beyond Coincidence
    20
  58. Aug 2023 Parliamentary Commissioner for Standards. In consideration of the allegations of
    forgery of a ministerial document and dishonesty against Mel Stride MP, the Commissioner
    advises that the Police are the appropriate body.
  59. Sep 2023 Clerk of the Committees of Standards and of Privileges advises that the Committee
    has no power to initiate investigations into complaints against MP’s. The Clerk further states
    ‘The alleged misconduct by MPs which you refer to, such as deliberate forgery of documents,
    seems to me likely to involve criminality. Any allegations that the law has been broken are a
    matter for the police in the first instance rather than the parliamentary authorities and should
    be raised with the police’.
  60. Oct 2023. Leader of the Council Martin Wrigley. In response to a report and allegations of
    malfeasance against TDC MD Phil Shears:
    ‘If you have any information that should be put before the authorities, then I recommend that
    you contact the police to do so. I have been advised that there is nothing more that
    Teignbridge can do on this matter’.
    It is assumed that the advice came from TDC Solicitor and Monitoring Officer Paul Woodhead
    who is abusing his position to conceal and obstruct evidence of malfeasance against the best
    interest of Teignbridge’
  61. Oct 2023 Local Government Ombudsman advises the matter should be reported to the
    Police.
  62. Cabinet Office refuse to accept responsibility for the allegations against (now minister) Mel
    Stride or the forgery of ministerial documents.
  63. Nov 2023 Conservative Party HQ refuse to investigate allegations of misconduct that will
    bring the party into disrepute, and confirm that forgery of ministerial documents and
    dishonesty, are not breaches of the Conservative Code of Conduct.
  64. Oct 2023 Report of the above crimes submitted to Police ACC Jim Colwell – no response.
  65. 07 Jan 2024 Email to Paul Woodhead with evidence that he has made false representations
    to the LGSCO about the case, and that he is failing to report evidence of criminal activity to
    the Police, contrary to statutory duty. 7 day letter warning – no response.
  66. 17 Jan 2024 Letter to ACC Jim Cowell with new evidence of fraud against Paul Woodhead –
    no response.
  67. 02 February 2024 ICO Breaches. Data supplied by the ICO to fulfil SAR Request identifies that
    the Information Commissioner has committed 3 breaches of the DATA Protection Act and
    GDPR Regulations, one of which is listed as a criminal offence in the FOIA. Annexe G Note: It
    There is an invisible force at play which is preventing any investigation into criminal activity
    within the RTPI, and which is allowing those involved to engage in felonious activities
    without fear of being held to account for their actions.
    Beyond Coincidence
    21
    is believed that Information Commissioner John Edwards has no knowledge of this case, or
    the actions being taken in his name.
  68. 15 Feb 2024 Obfuscation Response received from Police Professional Standards who have
    been forwarded my complaint to ACC Jim Cowell. The response does not address any of the
    allegations but seeks to obfuscate the evidence of Police breaches of procedure.
  69. 29 Feb 20 24 Police Misconduct IOPC SARS response reveals that records submitted by DI
    Scholes and relied upon by the IOPC to dismiss Robert’s complaint, are incorrect, misleading,
    and misrepresented.
  70. 11 Mar 2024 – Police Misconduct Professional Standards notified of the incorrect Police
    reports and are requested to correct Police records. Professional Standards are not interested
    and obstruct the request
  71. CONCLUSION
    The wilful decimation of Town and Village to serve personal interests
    18 years of scheming for personal gain, 14 years manipulating the planning system to serve
    personal interests14
    , and 9 years of sole control which has left the reputation of the judiciary,
    Police, planning system and other regulatory bodies in tatters, whilst at the same time
    removing all accountability in local government.
    The inclusion of a 500m stretch of dual carriageway on the A383 from Drum Bridges and the
    approval of a major planning proposal (Annexe A Delegated Report) under delegated powers
    ultra vires (unless the constitution has been secretly altered (alleged to happen in TDC)), adds
    weight to the substantial evidence that the TDC Local Plan has, once again, been
    predetermined.
    It is beyond coincidence that DCC/TDC are unwilling to consider the concerns of business
    owners in Newton Abbot15 when there exist undeclared interests in out of town business
    developments worth hundreds of millions of pounds, and it is beyond coincidence that Cllr
    Phil Bullivant chose to support the unnecessary proposal on Staple Hill Road (Annexe A) in an
    area that has been predetermined without consultation, for major development.
    On 14 March 2024, TDC Head of Paid Service has authorised the submission of the TDC 2022
    -2042 Local Plan, to the Secretary of State, for approval. Despite being aware that the Local
    Plan has not been developed in accordance with the P&CPP Act, he has authorised the formal
    submission of a legal document in full knowledge of the wilful misrepresentations contained
    within, and failure to perform statutory consultations required to make the document lawful.
    14 5 years in coalition with the Liberal Democrat Party who have continued with the Tory policy in Teignbridge
    15
    Newton Abbot Queen Street plans criticised by businesses – BBC News
    Beyond Coincidence
    22
    Annexe C is a list of services/infrastructure in Bickington which is repeatedly omitted in any
    appraisal of the village by portfolio Cllr Jackie Hook, and wilfully misrepresented by Phil Shears
    to a quasi-judicial planning process, in the name of the Secretary of State.
    Phil Shears. Corruption within regulatory bodies and government agencies has enabled
    officers and members of TDC to be accountable to no-one and above the law. Without fear of
    challenge or retribution, Phil Shears is misusing taxpayers’ money to block investigations, hide
    undisclosed interests, and quash evidence of malfeasance that is causing harm in the district
    and beyond. He is aiding and abetting regulatory officers to breach their statutory duties and
    has brought the council into disrepute on several accounts, not least the wilful misuse of
    £millions of taxpayers’ money.
    The Police, steered the Police Commissioner and in the face of serious criminal activity, are
    choosing not to enforce the law and apprehend individuals identified in criminal activity, due
    to a conflict of interests16
    .
    Misinformation. A spokesperson for the Department for Levelling Up, Housing and
    Communities said: “We are committed to ensuring accountability and scrutiny across local
    government and that monitoring officers are equipped with powers to robustly tackle
    breaches of conduct, including barring councillors from cabinet, committees or representative
    roles17
    .
    “While councils are ultimately responsible for their own finances, we will not hesitate to
    intervene and protect taxpayers’ money where they do not meet the high standards we set.”
    Except Teignbridge District Council where undisclosed political interests have elevated the
    council and its officers above the law.
  72. Royal Town Planning Institute – Deceiving the public and acting contrary to Charter
    ‘We are the voice of the profession. We engage with governments, experts,
    advocates and international bodies to promote good planning, lead on policy
    development and research, and promote planning in the long-term public interest.
    We support our members to deliver outstanding placemaking that creates inclusive,
    healthy, prosperous, sustainable and happy communities.
    We are committed to creating a diverse and inclusive profession and we have a
    dedicated action plan setting out how we will achieve this. We are also committed to
    advancing the art and science of planning. Through our corporate strategy we work
    for the long-term common good and wellbeing of current and future generations.’
    18
  73. Human Rights Article 3, and the right to be free from serious mental abuse.
    16
    https://www.thetimes.co.uk/article/4b1bee81-7e3a-4006-b6dd9f2d3f540f81?shareToken=0eca60131af5f48de66ed1341ffa5d6c
    17 Lawyers raise alarm at struggle to tackle UK local government corruption | Local government | The Guardian
    18 RTPI | About us
    Beyond Coincidence
    23
    For 18 years Robert has been subjected to public humiliation, wilful degradation of his name,
    threat, intimidation, and constant denial of his right to a fair hearing. He has been treated
    discriminatorily where he has constantly been denied the facilities and services of public
    authorities enjoyed by others’ and he has been caused to live in constant fear of reprisal and
    attack, for whistle blowing on public sector criminality.
    ‘Article 3 also imposes a positive obligation on public authorities to protect you from serious
    ill-treatment by other individuals’
    19 and yet at every level including the Court of Appeal, the
    fundamental right to a fair hearing has been denied, to protect personal pecuniary interests
    and corruption within the Royal Town Planning Institute.
    Robert and his wife and daughters medical records identify the harm arising from a continual
    denial of rights, and malicious actions made with intent to cause harm and mental torture.
    For years Phil Shears has been formally notified of the suffering and loss as a direct result of
    his actions, only for Phil Shears to step up his intent to cause Robert harm. Robert has been
    signed of as unfit for work for extended periods of time (at his own expense) caused by the
    misconduct, and which has had a serious impact on his mental health, and that of his
    immediate family.
  74. Socio-Economic Harm
    The damage caused by corruption, to local communities and the SME’s who are the lifeblood
    of local economies, is devasting and immeasurable.
  75. Comment
    It would be of significant gain if the egoistical gimmicks that have crept into local authorities
    were stopped. Naming public officials ‘Business Managers’ and calling the public ‘Customers’
    only serves to inflate ideas of self-importance, sow confusion, and detract from the very
    purpose of the public role. In the real world, if any of the above authorities had to ply their
    trade in an open market, they would have neither business nor customer.
  76. Other Evidence
    This report of criminality within TDC is not isolated as evident at Full Council Meetings where
    accusations of conspiracy to defraud are a regular call from councillors and members of the
    public alike. Under the lead of Phil Shears, assisted by Monitoring Officer Paul Woodhead, and
    Senior Auditor/DPO Sue HeathTDC has been brought into disrepute.
  77. Final Word
    ‘The Magic of Teignbridge Planning Department’ Annexe M first published 2018
    Two adjoining locations – One, an established village with infrastructure a TDC survey
    records no need for housing while in other, in open countryside with no infrastructure, and
    on a site where decision makers have undisclosed interests, TDC finds the need for 500+
    dwellings!
    19 Your right not to be tortured or treated in an inhuman way – Citizens Advice


Whether Radioactivity was released Yes/No – Vexatious!

Information Commissioner, Vexatious Posted on Tue, March 12, 2024 17:16:04

https://ico.org.uk/media/action-weve-taken/decision-notices/2023/4023577/ic-169575-t0d9.pdf

  1. The emphasis on protecting public authorities’ resources from
    unreasonable requests was acknowledged by the Upper Tribunal (UT) in
    the leading case on section 14(1), Information Commissioner vs Devon
    County Council & Dransfield [2012] UKUT 440 (AAC), (28 January 2013)
    (“Dransfield”)2
    . Although the case was subsequently appealed to the
    Court of Appeal, the UT’s general guidance was supported, and
    established the Commissioner’s approach.
  2. Dransfield established that the key question for a public authority to ask
    itself is whether the request is likely to cause a disproportionate or
    unjustified level of disruption, irritation or distress.
  3. The four broad themes considered by the Upper Tribunal in Dransfield
    were:
    • the burden (on the public authority and its staff);
    • the motive (of the requester);
    • the value or serious purpose (of the request); and
    • any harassment or distress (of and to staff).


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