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Tolley's Second Report 22 NOV 90

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NOTE: This is Tolley's confidential report
for the 29 NOV 90 Planning Services Committee Meeting - Part 2
( public access barred - i.e. secret ),
at which the Chief Planning Officer was whitewashed.

Tolley tried to bar Tim Wilmot from distributing his report,
but Tim Wilmot said "Too late! it's out!"

Paragraph 6 is the weakest spot - as Tolley knows.

This is why Tim Wilmot broke Tolley so easily
with placards describing him as a "Liar & Perjurer!".

And why the system went to enormous lengths
to prevent at all costs Tim Wilmot getting Tolley into a Court -
blocking" both Tim Wilmot, and Councillors Screech and Gist's, attempts to privately prosecute Tolley.

Councillor Pengelly chaired the Meeting -
knowing full well that Tolley was lying about the Chief Planning Officer.


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      Jump to Report with commentary
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      Report without commentary
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CONFIDENTIAL - PART II - Agenda item No.

CARADON DISTRICT COUNCIL

Report by the Director of Administration
to
the Meeting of the Planning Services Committee
to be held on 29 NOV 90

1.1a.    - NOT FOR PUBLICATION
1.1b.    This report contains exempt information
1.1c.    as defined by Paragraph 12 Part I of schedule 12A Local Government Act 1972

1.2.    Mr Chairman, Ladies and Gentleman.

1.3.    RE. COMPLAINT BY MR T. WILMOT

2.1a.    Mr T. WILMOT of The Burrows, South Hill Road, Callington,
2.1b.    alleges maladministration in connection with his application for planning permission
2.1c.    for change of use of his land at Target Tip, Callington.

3.1.    The application was submitted in AUG 88.

3.2a.    The Planning Committee, on 03 OCT 88,
3.2b.    accepted the proposition of Councillor Miss PEARCE
3.2c.    ( seconded by Councillor SMALE )
3.2d.    that planning permission be granted
3.2e.    subject to satisfactory results of a survey to be carried out by the applicant
3.2f.    regarding landfill gases on the site.

3.3a.    The applicant declined to provide a survey report
3.3b.    and the application was refused by the Planning Committee in FEB 89.

4.1.    On 26 APR 90 Mr WILMOT asked for a number of matters related to his application to be investigated.

4.2a.    I undertook a careful investigation over a considerable period
4.2b.    and my report of 05 SEP 90 ( Appendix A )
4.2c.    was discussed with Mr WILMOT
4.2d.    and circulated to Members of the Planning Committee.

4.3.    I concluded that Mr WILMOT had suffered no injustice.

5a.    Mr WILMOT now alleges that full planning permission was granted in OCT 88
5b.    and that the Director of Planning Services falsified the Minutes of the Meeting
5c.    and engaged in a "cover up" amounting to a "serious offence".

6.1a.    With the assistance of the proposer and seconder of the Motion
6.1b.    before the Planning Committee on 03 OCT 88,
6.1c.    I have established that a satisfactory landfill gas survey report
6.1d.    was to be a pre-requisite of any planning consent.

6.2a.    I am satisfied that the allegations against the Director of Planning Services
6.2b.    are entirely without foundation.

6.3a.    The application was dealt with by his staff
6.3b.    and there is no evidence whatsoever to support Mr WILMOT's contention
6.3c.    that the Planning Officer took any action himself in relation to the application.

6.4a.    The Minutes, Minute Books and notes
6.4b.    were under the Clerk to the Council, Administrator and Committee Clerks
6.4c.    and there is no evidence whatsoever
6.4d.    to support Mr WILMOT's allegations in relation to those.

7a.    You would not normally publish statements related to unfounded allegations of improper conduct,
7b.    but as Mr WILMOT has chosen to make some of his accusations public,
7c.    I seek your acceptance of my conclusions
7d.    and your authority to make an appropriate public statement.

M. G. TOLLEY

Director of Administration and Monitoring Officer

22 NOV 90


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       Same report - with comments
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CONFIDENTIAL - PART II - Agenda item No.

CARADON DISTRICT COUNCIL

Report by the Director of Administration
to
the Meeting of the Planning Services Committee
to be held on 29 NOV 90

1.1a.    - NOT FOR PUBLICATION
1.1b.    This report contains exempt information
1.1c.    as defined by Paragraph 12 Part I of schedule 12A Local Government Act 1972

This was meant to mean that Tolley's lying would be a secret!

1.2.    Mr Chairman, Ladies and Gentleman.

1.3.    RE. COMPLAINT BY MR T. WILMOT

2.1a.    Mr T. WILMOT of The Burrows, South Hill Road, Callington,
2.1b.    alleges maladministration in connection with his application for planning permission
2.1c.    for change of use of his land at Target Tip, Callington.

Alleges maladministration!
Tolley knew full well that Tim Wilmot was alleging serious criminal offences, not mere maladministration!


3.1.    The application was submitted in AUG 88.

3.2a.    The Planning Committee, on 03 OCT 88,
3.2b.    accepted the proposition of Councillor Miss PEARCE
3.2c.    ( seconded by Councillor SMALE )
3.2d.    that planning permission be granted
3.2e.    subject to satisfactory results of a survey to be carried out by the applicant
3.2f.    regarding landfill gases on the site.

Please remember that,
although it appears to be a complete statement of what was said in the Planning Committee,
neither the proposer or seconder mentioned the words:-

"subject to satisfactory results of a survey to be carried out by the applicant
regarding landfill gases on the site
".

These words are drafted by planners AFTER the Planning Committee Meeting,
and inserted into the Planning Committee Minutes as standard practice.

Tim Wilmot remembers that Councillor Miss PEARCE said something to the effect of:-

"Let's approve, with a condition on gas!"

Then in about ten seconds flat, a vote of 16 to nil had been cast.

And the Chief Planning Officer was faced with an approval vote that he was strongly opposed to,
which is why so many strange things happened to the application.


3.3a.    The applicant declined to provide a survey report
3.3b.    and the application was refused by the Planning Committee in FEB 89.

3.3a is totally untrue.

What Tim Wilmot had done,
was to see through the Chief Planning Officer's Great Gas Deception.

The Chief Planning Officer,
having been advised that gas would
definitely be issuing from the site,
had four ways to obscure the truth on gas.

1. he tried to get the application withdrawn - he failed.

2. he prevented Tim Wilmot at all times from receiving a specification for a landfill gas survey.

3. he consistently blocked Tim Wilmot's route to Caradon's Environmental Health Officer.

4. he altered the meaning of the very purpose of the survey
from assessing the actual emission levels of specific gases,
to seeing
if gas of any sort was issuing from the site
( as if
any gas issuing meant no planning permission was safe.

Tim Wilmot knew that landfill gases would
always be issuing from the site -
even the front lawn in front of a suburban house has gas issuing -
the point is whether emission levels and concentrations,
in conjunction with suitable gas traps,
can cause either fires or explosions.

Tim Wilmot was willing to accept gas as present,
and design his detailed plan to take into account
any possible danger.

Now what can be more reasonable than that?

So reasonable was it,
Neil Harvey, the Senior Planning Assistant, had immediately accepted it on 29 NOV 88,
and had made a
File Note confirming the agreement,
which included
waiting until the detailed plan had been drawn up,
before holding a
site meeting.

4.1.    On 26 APR 90 Mr WILMOT asked for a number of matters related to his application to be investigated.

4.2a.    I undertook a careful investigation over a considerable period
4.2b.    and my report of 05 SEP 90 ( Appendix A )
4.2c.    was discussed with Mr WILMOT
4.2d.    and circulated to Members of the Planning Committee.

4.2c.    Discussed, and rejected by Tim Wilmot as "totally inadequate"!

4.3.    I concluded that Mr WILMOT had suffered no injustice.

5a.    Mr WILMOT now alleges that full planning permission was granted in OCT 88
5b.    and that the Director of Planning Services falsified the Minutes of the Meeting
5c.    and engaged in a "cover up" amounting to a "serious offence".

5.1a. Untrue. What Tim Wilmot had said,
was that his outline planning permission had been approved by 16 votes to nil,
but neither it, nor the condition, had been conveyed to him
in a manner that would have enabled him to carry out the condition.


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6.1a.    With the assistance of the proposer and seconder of the Motion
6.1b.    before the Planning Committee on 03 OCT 88,
6.1c.    I have established that a satisfactory landfill gas survey report
6.1d.    was to be a pre-requisite of any planning consent.

Simply untrue.

Please remember that Tolley had said to Tim Wilmot
at the first four hour meeting on 24 APR 90
'"
no survey, no consent" is unreasonable!'

Tim Wilmot says that
Councillor Smale was adamant
that he had voted for the immediate issuing of a Consent Notice
with
any gas issues to be dealt with later.

Councillor Smale made a comment to Tim Wilmot
that the late Councillor Tony Knott recognised as classic Smale-speak:-
"
How else can a man go to his bank, except with a piece of paper in his hand?"

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6.2a.    I am satisfied that the allegations against the Director of Planning Services
6.2b.    are entirely without foundation.

Tim Wilmot suggests this statement is a blatant lie - easily proven.

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6.3a.    The application was dealt with by his staff
6.3b.    and there is no evidence whatsoever to support Mr WILMOT's contention
6.3c.    that the Planning Officer took any action himself
6.3d.    in relation to the application.

Tim Wilmot suggests this statement is a blatant lie - easily proven.

6.4a.    The Minutes, Minute Books and notes
6.4b.    were under the Clerk to the Council, Administrator and Committee Clerks
6.4c.    and there is no evidence whatsoever
6.4d.    to support Mr WILMOT's allegations in relation to those.

Tim Wilmot suggests this statement is a blatant lie - easily proven.

7a.    You would not normally publish statements related to unfounded allegations of improper conduct,
7b.    but as Mr WILMOT has chosen to make some of his accusations public,
7c.    I seek your acceptance of my conclusions
7d.    and your authority to make an appropriate public statement.

M. G. TOLLEY

Director of Administration and Monitoring Officer

22 NOV 90

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       END OF ---- Same report - with comments
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Tolley took an early retirement package
because he knew with absolute certainty
that Tim Wilmot could shred him at any time in an open Court,
and he became seriously ill as a result.


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