Who is really in control at Wiltshire Council? The resident of Baydon who was instructed (and forced) by Wiltshire Council officials to cut down a healthy, mature and longstanding wisteria plant because it was (supposedly) being used by rats to climb up has respected the enforcement notice and cut the tree down to forestall any prosecution or fine.
Firstly – was this really necessary? On what advice did the Council officials make this drastic order (and implicit threat of prosecution)? And further, after discussions with Council Leader, Ian Thorn who was open to enabling some right of appeal, why – or how – did the enforcement threat get to the point where there was no debate or consideration of whether the initial ‘opinion’ had any validity, the Council officials made their questionable demand and threat?
And who offered the initial opinion? Was it actually an individual with any pest control experience, had they ever even seen a rat? Wiltshire Council refused – even following an FoI (Freedom of Information) request to divulge any information about their ‘expert’s’ qualifications to make judgement. this FoI request was initially ignored, the statutory ’20 day’ response period was exceeded and when the resident enquired about progress an official responded with a long, bureaucratic and obfuscatory communication which in essence said ‘No’. They refused to divulge any information, at all. We, as Council Tax payers fund this behaviour. Whilst obviously being allowed to conduct their jobs, professionally they should be accountable to the electorate, i.e. us, via the elected officials of the Council. Doesn’t seem to be so.
The resident, the owner of the property with the wisteria contracted three separate experienced pest control experts to judge whether the ‘rats issue’ was in any way related to this wisteria plant. All said ‘No’. Rod Smith, of Humane Pest Control Solutions conducted an extensive examination, using tracking dust and cameras and in his opinion the finding of the Wiltshire Council ‘expert’ was ‘comical’. His report was forwarded to Council Leader Ian Thorn for him to use as support for a right of appeal, but still the officials of the Environmental Control and Protection Team stuck to their original decision and issued an implicit threat of prosecution if the plant were not cut down.
All (seven) residents within the PostCode of this premises have been contacted and asked if they have experienced a ‘Rat problem’, and have they contacted Wiltshire Council? The replies came with the same answer to both questions – ‘No’. So how (and when?) did Wiltshire Council make this decision to investigate, and on what basis? Was this a very old and historic complaint? This area is a farm and rats, inevitably can be found on farms. Every farm. And the original owner of the farm and properties that were developed is clear that there hasn’t even been a rat problem in the property with the wisteria, or anywhere near to it. So the ‘mystery’ deepens….
At a meeting earlier today at the site of the cut wisteria the Enforcement Officer was asked about their decision – backed by legal obligation – was it made based on proper contemporary and unambiguous fact? As it is the responsibility of that Officer to ensure that it is, especially when the ‘decision’, according to the Officer has no right of appeal and is backed by the law. The Officer did state that the resident did have the opportunity for ‘a review’ (subject to a substantial and long procedure) but only once the enforcement order had been respected. I.e. wisteria cut down. What sort of respect is this for the customer, the victim of this questionable and almost cursory – but legally charged – decision?
The independent report by Rod Smith, sent to Ian Thorn was either disregarded, not forwarded to or not read by the Official. It wasn’t important in their view, it was irrelevant as their original decision had already been made.
So where does the power lie within Wiltshire Council? With those who we – as residents, voters and customers select to represent us, or those officials, unelected, unaccountable and hiding behind legal sanction. In this (relatively minor and debatable) incident, it would appear that the power lies with the latter – cross them at your peril……
We have reported numerous similar situations (beyond rats and wisteria) where elected officials say one thing but those in the executive of Wiltshire Council ignore the elected politicians and do whatever they want, backed by the power of the law. It is then for the elected officials – Councillors – to defend such ‘decisions’ to us all, whether they actually believe what they are saying, or not. It’s the norm.
But this is Wiltshire Council, as it is now, in action………
Loveday Pride exhibition at ‘MADE in Pewsey Vale’
