Thursday, 12 September 2013

Have the Planning & Environment Department breached Planning & Building Law? (PART 1)


THE LAW SAYS THEY HAVE, THE FACTS SAY THEY HAVE! EXPERTS SAY THEY HAVE ! , LAWYERS SAY THEY HAVE !

This is might look like a break from the norm for this Blog as we have never, as far as we can recall, published a posting concerning the Planning and Environment Department. However It looks to us that this particular case encompasses the broader subject of a politicised and corrupt "Justice" System here in Jersey. A  prosecution case which has been brought into the magistrate courts by the Planning & Environment Department against a local plumber which started some 16 months ago.

Team Voice has studied a wealth of evidence which does take some time to explain with understanding the motivation of why this prosecution has been instigated or is still going on, and after a lot of private investigation and scrutiny of law and facts from qualified Lawyers and external Building Control experts the impartial view and qualified opinion is “YES”, that’s yes, the Planning & Environment Dept. look to have committed an offence of the building law.

This Friday 13th September at 10 am, within the magistrates court, there will be a another chapter in the 11th Court Hearing (since litigation begun in June 2012) of a particular Planning & Building prosecution of a local plumber  for not applying for permission to install an Oil Fired Boiler (even though it was impossible for him to apply for permission for works in private people’s homes (whom he had no novation with as he was not dealing with them ) whilst being  instructed by the PLANNING & ENVIRONMENT DEPARTMENT yes the Planning & Environment Department’s  multi million pound 100% Public funded Energy Efficiency Service to assist in replacing Oil Fired Boilers.

Team Voice have been studying this case for  a while and it’s taken some time for us to get a full understanding of the case as its “bizarre” to say the least, not just the words of Team Voice being “bizarre” but the words of a local Advocate. (Transcripts of court) -  So after 16 months of litigation, yes 16 months of litigation without a trial,  and after documented expert advice we have been shown, we are as sure as we can be that the prosecution against this member of the public can only be seen as malicious because of some very pertinent evidence which appears to show the department’s motivation of its “ abuse of the court”  is to fulfil a private agenda  to cover up serious failings within the department’s management of the Energy Efficiency Scheme -  including prima facie  evidence  of  libel, defamation,(or should that be "Data Protection" now?) misuse of public money, causing health issues to members of the public, incompetent officers, and the department being identified of the alleged breach of the planning & building law under the question of law and fact.

Team Voice cannot go into the full facts and evidence at this time as it’s too long for this part 1 post but we will be writing the full case details very soon within PART 2 including one of the most detailed evidential chronologies we have ever seen including documents, audio, emails , and written evidence.

Now, to try and help readers have an understanding of the titled question “Have the Planning & Environment Department breached Planning Law” it will take some time to understand the application of building bye-laws- and that can only be seen in the up-coming chronology or some individual research, or to take an interest in the case, as again it would be too much to write up on an introduction post. But in the evidence we have seen concerning the case over a long period of time we believe the Reg Skips case will be engulfed on such a large scale it's deeply shocking with how the department thought they were going to get away with it (although they probably will!) It just shows how incompetent and downright corrupt certain officers look to be within the Planning & Environment department and the wrongful delegation of powers from the AG and centeniers to that departments unqualified officers( more to come in part 2)

But what’s really important here is to highly stress to the public of how this case quite clearly encompass the issues that we at Team Voice and other concerned members of the public have been tirelessly stating with how the Judiciary, States departments, and local lawyers overlap within their working relationships which eventually equals to corruption and unlawful procedures within a court process.

When you look at the evidential chronology of this case, which we are eager to publish when we have planned its presentation in Part 2 , it shows such a stark example of when you have an apparent corrupted states department instigating malicious prosecutions to cover up their own failings and then, what looks to be, corrupt actions of private advocates being too closely entwined with the law offices department,who are acting on behalf of persons making what looks to be, vexatious or malicious complaints.

Team Voice urge members of the public to pop down to the Magistrates Court at 10 am tomorrow (Friday 13th Sept) to learn about the case because when you really get an understanding , it becomes quite obvious, that this has to be the mother of failures within the Department’s history, it makes the Reg Skips case look like a picnic in the park and  it has raised some important questions and concerns with some quite shocking evidence of how local advocates and the law offices conduct their daily relationships when working on cases especially with regards to Planning & Environment cases.

To conclude part 1 introduction, Team Voice will say at this stage is that the failings and upcoming scandal of the Energy Efficiency Scheme will go well beyond this current court case.  We would say it’s hard to believe and sounds unbelievable , but hey, it takes a lot to shock Team Voice and many discerning islanders now – especially when it comes to the States or its "Justice" system which appears to be, politicised and corrupt.

14 comments:

  1. I know all about this funded service and i dont think its fair.

    My friends mum had a new boiler installed about a year ago by the States and she is a millionaire.

    I didnt want to say anything to his mum, but i thought it was out of order seeing as my Dad who struggles to pay for his heating was knocked back.

    why can a millionaire with a massive mansion have over 10 grand of free work where someone who has no spare money cannot have one.

    Something isnt right .

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  2. We need to know more about this case please.

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  3. I grown to think that there may be more reasons to mistrust our Government! When will it end.

    ahimsa :(

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  4. Such cases demonstrate the need for s much simpler procedure to enable Jo public to complain about the administration of government departments. Unfortunately, Deputy Le Herissier looked at the "Review" Board system (now called the Complaints Board) some years ago and produced a report that simply failed to address the real issues. For some reason this government is terrified of tribunals that can actually have the power to strike down the decisions of departments and the Bailiff's Office resists such powers falling into the wrong hands because only "Judges" are supposed to challenge governmental decisions.
    It is an ancient problem which people must challenge as best they can. In 1769 the people of Jersey (or at least several hundreds of them) overthrew the whole stinking mess for a few hours - but like the tide, it just came rolling back again.
    In Jersey there is a desperate need for a Tribunal that is somewhere between a Scrutiny Panel and a Complaints Board but with very wide powers to initiate investigations (with or without an individual actually making a complaint) and to make decisions that are enforcable. It must be free or almost free of cost to complainants.
    That such a Tribunal might look at other matters - such as the behaviour of Jersey lawyers, Doctors, the JEC or the Press - is something to ponder on. As is the question of various "ombudsmen" for specific activities - but for sure something very radical needs to be done and it is absolutely certain that our currently elected States Chamber is totally incapable of causing such reforms to happen.
    28 September is Jersey Reform Day and hopefully will be celebrated for the first time ever at Reg's Garden but you must all try much harder, if you are really concerned about such matters....

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  5. I made complaints to the department about my father's home because he was unaware that he would have to pay £2000 to have the house painted after they drilled holes in the walls the house and left them after doing teh cavity wall.

    They market it as being 100% free but its a load of rubbish.

    He was unaware that they were going to leave the holes but it was written in the small print and he can't read too well because of his eyesight, so what was meant to save my grandad money ended up costing him 1800 pounds to have his walls repaired and painted , and he couldn't really afford it so we all chipped in.

    In my opinion i'd stay away from the offer that the states are offering, unless you agree that it will end up costing you instead of saving you money.

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  6. I was just speaking to a mate of mine at the harbour who used to work for AFM - a company the department employed to help with some works on the scheme and he has told me that the departments had two managers who messed up the scheme at the start, they then left or got made redundant when their bosses realised the massive mistakes.

    He said that AFM actually got booted off because the department had some kid in charge of doing the works with the homeowners and he didn't know what he was doing, but he was still in charge of the public fund and he made incorrect allegations saying afm had done their work wrong, when they had not.

    From what i know this court case was started by some some crazy enforcement officer who made allegations without doing his homework, but it went too far without realising the obligations of the department to the private homeowners - and they mistakenly publicly slandered and libelled this particular guy who the department had as an approved sub contractor - what i don't understand is that the States know all about the mistakes from the environment department so it begs the question why its in court.


    It can only be so they can justify their damaging actions, apparently the law points to the environment department and this guy has been shouting that for 15 months but the Planning & Environment Department who looks to me are the people in the wrong have been allowed to bring a prosecution in an attempt to legally justify their actions.

    As far as i know how the scheme worked , it is the department who have breached building law- if a law has been breached at all as i don't think any law has been breached from what i know, like i say it comes as no surprise to me becasue i know what a mess the department made of teh process from day one.

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  7. 2008, as set out in R.118/2010 and a further ex gratia payment of £50,000 to Mr and Mrs R. Pinel, the
    directors and beneficial owners of Reg’s Skips Limited, as compensation for pain and suffering caused by the failings in the processes and actions of the Planning and Environment Department over a 4 year period from 2004 to 2008”.

    http://planetjersey.co.uk/forum/index.php/topic,3294.msg51486.html#msg51486

    Boatyboy

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  8. Unreal, ive just heard about this case detailed in this post.

    The States cannot be serious ! its obvious there has been a big mistake here as it was the department who did the works.

    I should know, i helped with some of the works and its a well known thing amongst local companies that the department made a horlicks of the tender process, which actually was not a tender if anyone looks at what they did.

    Just shows when you you employ idiots in states departments, a story we hear day by day.

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  9. Part one.

    Oh what a perfect blog post ive found to get something off my chest.
    I'll tell you something about this public money funded scam which is ripping off tax payers.

    When was the last time someone told you this : If someone offers you something for nothing, or promises the world , then be very wary as not all is as it seems.

    There are no truer words when it comes to the this service provided by the enviro department, and especially for the tax payer, and for the health of the private homeowners.

    I know of a one of a member of the public who had loft insulation, cavity wall insulation, and a new boiler.

    But we , the tax payer also paid for was a brand new bathroom, brand new carpets in 3 rooms, a brand new top of the range kitchen floor, all courtesy of the jersey tax payer.

    One would ask , what the f*** has carpets, kitchens floors, brand new bathrooms got to do with energy efficiency in private people’s homes ? Well let me tell you and be prepared to be disgusted with the incompetence of how our government spends YOUR money.

    But first , before i get onto the disgusting and arguably illegal wasting of tax payers’ money , i would like to talk about a 2 more worrying issue of what the Energy Efficiency service is doing in people’s homes without telling them. It’s one thing that some departments officers want to quickly spend their budgets , but planting the seeds that will arguably destroy parts of the homes in years to come, and immediately make these elderly homeowners have trouble breathing with respiratory problems is another.
    On my brief investigation , on the small amount of people i know who have had works done by the department, i have come across 2 different homeowners who have had to make several visits to their doctors because of complaints to do with the quality of air in their homes.

    One of these particular homeowners , who is an elderly lady who no one couldn't get nothing past , has been left so concerned about the now changed air condition in her home, that she now chooses to sleep in her garage as she is struggling to get adequate ventilation in her bungalow. It’s actually got to the point when she was advised that if she was waking up with sore throats every morning then something is definitely wrong, but her doctor couldn't immediately diagnose why as it was baffling him.
    So, we all ask, what would be causing this ?, well it’s become clear after 2 years of stress for this lady!

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  10. PART TWO.

    When the Planning & Environment Department decided ,within their wisdom, that they were going to advertise locally to all homeowners in 2009 to have all these works done for free, they decided to employ members of staff who didn't have a clue what they were doing but put them in charge as it was the department who were in charge of any works.

    So these members of staff who worked in the department thought it would be ok to instruct local companies and tradesmen to just go into these houses and pump the cavity if they had one, and hammer the loft with insulation if they had none.

    BUT , what the department failed to do in their due diligence was to make sure the properties had sufficient ventilation and were suitable. So as many builders who are qualified would tell you , you never just hammer a house with loft and wall insulation, and especially old bungalows , without making sure that ventilation was going to be achieved.

    Now this elderly woman has been complaining for some time and the department have been fobbing her off for 2 years , whilst finally admitting recently that it might help her if she looks at ventilating her home better ! But it has taken 2 years for them to admit what they have known for 2 years , they even went as far to turn up out of the blue to the lady's doctor with no permission in 2012 to try to make out that she was crazy , or something to that effect.

    Going back to the wasting of tax payers’ money , the reason on why the department managers decided to pay for a new bathroom, new carpets, new kitchens floors is ?????? thats right , nobody knows , even one of the department managers was angry when she found out about it .

    Now this is one home, how many homes have they done work in , hundreds, thousands ? How many elderly people or all round applicants of this service have not complained , how many of these homeowners didn't have sons and daughters who decided to take the insulation out- as what happened with one of the homes that had elderly lady's son make sure to have a check-up had to go to hospital complaining of breathing problems and headaches, but then miraculously gets better everything she left the house. The son spotted it straight away and removed all the works the department did.

    What about dangers of damp and the negatives about cavity wall insulation.

    this link, plus hundred others says it all- DON'T DO IT !
    http://www.heritage-house.org/pages/insulation-causes-damp.html

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  11. The "not for publication" comment concerning 43 year old. Not sure who you are referring to?

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  12. Wow, that is bl***y shocking. I knew something wasn't right with that service.

    My sister was complaining about how our Mum was spoken to by one of the managers , i heard he has left the employment department now thank God.

    He told our mum that she was thick !

    All my mum was complaining about was a small leak in her kitchen, what was odd was when he offered to buy my mum a new kitchen (which was a bit weird) , my mum declined because it was ridiculous and ott.

    So a member of the States Environment Department was going around attempting to shut up homeowners becasue they didn't know what they were doing - by offering them little sweeteners like new kitchens etc.


    Me smells an enquiry coming on !

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  13. The comment above shocked me. A manager telling a customer that she is thick? Truly ridiculous.

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