DURING the latter half of 2018 people in the Crediton area campaigned energetically to persuade Mid Devon District Council to sell the council building in Market Street, Crediton to the Crediton Town Council.

Instead, three members of the District Council Cabinet decided to sell the building to a private bidder, contrary to the expressed wishes of the majority of the 42-strong District Council.

Consequently Crediton Town Council has moved from the historic building to rented accommodation nearby with less office space and no historic council chamber.

The local campaigners produced almost 2,000 signatures on a petition which triggered a debate at the full District Council a little before the sale of the building was completed but the Cabinet refused to change its mind.

Since then the campaigners only hope has been that a complaint made to the Local Government Ombudsman by one of their number, Alderman David Nation, might be upheld.

However, recently the Ombudsman has decided that he is unwilling to take up the complaint because the complainant has not suffered a significant personal injustice.

Ald. Nation alleged that the Cabinet had acted ultra vires (beyond their powers) because its action was inconsistent and not in accordance with its Corporate Plan Policy Framework.

He said that the Corporate Plan can only be agreed by full council and one of their priorities in that plan is “Community”.

He said: “This requires the council to focus on working with local communities, to encourage them to support themselves and with Town and Parish Councils.

“Another priority is the Economy where they focus on improving and regenerating town centres.”

Ald. Nation maintains that the loss of the historic seat of local government in the town diminishes the town centre.

He said he is “disappointed” with the Ombudsman’s decision and is “appalled that the only way communities can challenge councils that act beyond their powers seems to be through the courts, which few could afford”.

REFERENDUM PROPOSAL

Fellow campaigner Mrs Judy Tucker says that the local campaign group has now sought information and advice on petitioning the District Council for a referendum under the Localism Act 2011.

This would provide all electors of Mid Devon to force the council to replace the present Leader and Cabinet structure with a committee structure which would empower all 42 councillors on issues such as this.

Mrs Tucker said: “In 2002 when the Leader and Cabinet structure was introduced the Council had little choice.

“Now the people have the option of demanding a more democratic system.

“Since the present leader and cabinet at Mid Devon have proved to be so dictatorial and arrogant, we are left with no choice but to campaign for change.

“A good number of councils up and down the country have reverted back to committees for similar reasons.”

The group says it will now make contact with other communities and disillusioned councillors in Mid Devon so that they can work together across the District to obtain the necessary signatures on the petition and win the referendum.

FEEDBACK USEFUL

Stephen Walford, Chief Executive at Mid Devon District Council said: “It is always helpful to get feedback from the Ombudsman as it can help us improve local procedures or processes as necessary.

“In this instance it has been useful to have the Ombudsman’s judgement as this demonstrates that the council’s decision-making was sound, not only because it complied with the council’s own constitutional requirements, but because of the general duty on councils to secure value.

“With district council services no longer being provided from that particular building, we were left in a situation where a considerable subsidy was being provided to the occupiers of the building, including the Town Council.

“Options for the Town Council to remain in the building on a non-subsidised basis were explored, as was their desire to put forward any increased offer to purchase the building outright.

“The Ombudsman’s verdict acknowledges this, and whilst it doesn’t change any of the events that took place, it does provide some assurance that the district council handled this issue in a proper manner, which is important in terms of trust in decision-making moving forward.”

Leader of the Council, Cllr Clive Eginton added: “The Local Government Ombudsman stated in his Final Decision Summary that he would not investigate the complaint as ‘the complaint is unlikely to find fault by the Council’.

“Furthermore it should be noted that the “Courier” article (January 18, 2019), ‘£185,000 investment by Mid Devon District Council into refurbishment at Leisure centre in Crediton’ followed approval by the Cabinet at the meeting held on October 25, 2018.

“To use the final words attributed to Cllr Frank Letch in the last paragraph of the aforementioned article ‘being spent wisely in Crediton on Crediton’.”