Tag Archives: Port of Bristol

DAY GROUP INQUIRY: THE COMMUNITY SUMS UP

IN THE MATTER OF:

THE ENVIRONMENTAL PERMITTING REGULATIONS(ENGLAND AND WALES) 2016

AND

AN APPEAL BY DAY GROUP LIMITED AGAINST THE REFUSAL OF AN ENVIRONMENTAL PERMIT FOR AN INSTALLATION TO TREAT INCINERATOR BOTTOM ASH AT AVONMOUTH, BRISTOL

___________________________________________________________________________

CLOSING STATEMENT OF IAN ROBINSON

___________________________________________________________________________

 

Sir,

I would like to open the closure of my arguments at this inquiry by reaffirming my desire or if preferred, my wish or wishes for you, acting in the capacity of Inspector, to deny permission to the Day Group to start operations at the illegal and unlawful structure that is currently dominating the skyline at the northern end of Avonmouth Village and ruining our amenity. I can no longer see ships docked with the sun setting behind them or, as I understand it, ever sit in my garden again without smelling ‘fresh’ plaster should you permit this further abrogation of my rights.

Further, I call on you as Inspector to require its demolition and the site cleared and returned to a good order and surface at the expense of the Day Group. I charge you sir, upon your office and the oath I’d expect you to have sworn when accepting this case as a public servant or commencement of your employment, licensed and empowered, to respond formally and upon your liability in these matters to the points below, encompassed and explained fully within your written judgement.

The point has been highlighted – and stressed by the appellant’s representative and their experts – that I have not expressed myself clearly or failed to grasp the meaning of a word in my submission of documents to this inquiry. I apologise for my misuse of the English language and my inability to transcribe my thoughts into suitably acceptable Legalise, as I understand the term, bastardising and twisting the English language into the language of contracts where words actually mean different things to what common folk understand.

I’m pleased to say my life, in the main, has taken me in a different direction than the law. That is until I was forced to gain a rudimentary understanding of the lies, half-truths and machinations of public servants by moving next to the Port and discovering, to my cost, the flexible nature of ‘law’ when applied to the rich and poor. Rich people get to attend inquiries, apologise and get forgiven for oversights; poor people get bankrupted and or prison and their lives ruined.

As these proceedings seek to legalise illegal and unlawful acts to which I am not party and derive no benefit from and in the interests of avoidance of doubt: I do not accept the Day Group’s assertion that they have the right, or permission to build this plant. I do not accept the Environment Agency claim for jurisdiction in granting a permit or Bristol City Council’s claim to have issued any form of permission which has been subsequently admitted as unlawful.

Just how – what I shall now refer to going forward as ‘the monstrosity’, or if you prefer – the ‘cube of doom’ came into being, seems to be a subject that the fantastically qualified and, I’d imagine, the eye-wateringly expensive David Elvin QC took great pains to try to keep out of the inquiry by opening his case referencing this very subject. For those that follow comedy and are familiar with the work of Frankie Boyle, I believe this is the legal equivalent of ‘the racist door’. Not being one to waste an opportunity, I thank him for letting me step through it.

Bristol City Council in 2014 granted a lawful use of land certificate to the Day Group which, subsequently, was withdrawn in 2015 after BCC and I had a discussion about ‘permitted development rights’ at the Port. The Day Group were informed by the North Bristol Planning Manager Mr Chick that the erroneous and, as I see it, without any force in law certificate did not provide permission for the construction of the ‘cube of doom’. The Day Group chose to ignore this advice and started construction whilst, as I understand things, ‘operating at their own risk’ in 2016. This was the second such permit issued ‘in error’ by planning officers for the site.

I contacted BCC and my MP Charlotte Leslie in October 2016 to request action. As, I had identified – between dust storms and explosions – that the permitted development rights enjoyed by the Port did not extend to industrial operations. Subsequently BCC issued a Planning Contravention Notice to the Day Group. The fact that BCC chose not to act further against the Day Group after serving the planning contravention notice for erecting the plant highlights the complicity of BCC officers and therefore the council. They assisted not just an entity that they had a statutory duty to prosecute a case against, but also an entity that just – co-incidentally – was a tenant and lessee of a corporation that they own shares in and upon whose board sits a Cllr serving as non-executive director.

Many questions arise that need answers around the timeline of contract negotiations with the Port, BCC and the contractors that gave birth to this bastard child of greed and entitlement, which now squats on my skyline. We need these answers before the Day Group should be able to claim any form of liability against the taxpayer for any costs of construction, or loss arising from their egregious manipulation of preferred partners, public representatives and the frameworks of both common law and modern statutes to achieve their aims. Despite – and in spite – of any impact to myself and the wider community of Avonmouth.

Questions, incidentally, that have not been answered in this inquiry. Essentially the Day Group, I believe, have acted without good faith and are liable for their own costs in all of their dealings regarding their development.

The Day Group and the Environment Agency conspired to end these proceedings before they had even begun. Sending out a communication at 7:30pm on Monday 27th stating that as far as they were both concerned there was no need for the public to be afforded the courtesy of examination of their little business venture and we should all just go home. Especially me, it would seem, as upon arrival into this building – after skillfully dodging the ‘gatekeepers of the poor’ in the car park and witnessing the spreading of ‘poor person itch horror’ amongst the staff and besuited denizens of this beautiful structure – I entered the inquiry room to find I was expected to sit on the floor or in the public gallery.

After finally being afforded the courtesies extended to the other parties, Mr Levin QC opened his case by intimating that the Inspector could, should he so wish, just save us all some time because the big boys have had a nice little backroom discussion and between themselves had carved things up very nicely indeed thank you. To your credit, sir, you recognised that this really wouldn’t be on or indeed cricket and decided that we could continue. Albeit with a reduced focus on the activities between the Day Group and the Evading Agency as they are known in circles aware of, and impacted by, their woeful and inept attempts to regulate the markets they create. Primarily, it would seem, to facilitate nice sensible gals and splendid chaps, sourced from approved institutions, entry into the highly lucrative public sector industry of drain cover painting and water quality testing at some of the most beautiful and expensive parts of their ‘jurisdiction’.

Immediately it was mooted and decided that the members of the public – who had booked leave or wasted a day of their weekend and had undertaken tortuous journeys across the city via our laughable public transport or by other means to, probably, the most inconvenient and remote part of the city (far removed from the community the ‘monstrosity’ impacts) – had to basically shut up and bugger off until Thursday 30th before they could speak. This despite the point being agreed at the pre-inquiry meeting and subsequently published to the residents of Avonmouth and the wider area that that day one would be utilised for public comments. I could argue that these factors diminished the attendance of the public and the engagement of the community of Avonmouth and therefore negates the lawfulness of the inquiry. If the inquiry had been held local to Avonmouth then the public would have been able to pop in between school runs, zero hour contracts and doctors’ appointments for treatment to their boils, rickets, lice and suchlike to keep up with developments and express an opinion on the matters at hand.

I believe the Inspector should take these points back to the adminisphere for further processing so that the public are not as effectively silenced and their views completely ignored as they have been under the guise of the expediency of this inquiry and resulting in the detriment of mine and the public’s interests and rights.

Further I’d recommend that inquiries going forward should have provision for hearing loop users, full wheelchair access, monitors to display the complicated maps and tables discussed for members of the public to view and braile support. This inquiry failed to do most of these things. This has led to an avoidable incident whereby a person who attended this inquiry with significant hearing issues requested a witness to speak up and was curtly informed that the testimony was loud enough for one of the parties and the citizen rudely directed that they should stand further away. All documents should be hosted in a portal for electronic access by citizens to browse and interrogate without the need for small forests to be razed.

The case at hand highlights perfectly the issues we have as ‘service users’ when dealing with EA and BCC around developments at the Port. Jurisdictions are blurred and each agency claims or denies responsibility when either accepting a fee or responding to a justified complaint. The public gets handed between agencies and nothing gets resolved. This matter was taken up by Charlotte Leslie when a serving MP dealing with ‘Flymaggeddon II’ which made national news and resulted in questions in Parliament to David Cameron when he served as Prime Minister. Charlotte highlighted both the public and her own frustration at being passed between agencies with no individual entity owning the problem, no accountability of officers for either their actions or inaction and no method or instruments for redress for the affected parties.

The investigation ended after myself and other residents met with the then Sec State For Environment Liz Truss. She assured us that she took on-board our collective concerns and that the government and the Local Government Association would work together to appoint a lead agency to manage problems going forward. She also said that the Environment Agency would take seriously and mitigate any concerns affecting or impacting the public from waste treatment operations at the Port and within the wider community and, lastly, that BCC would be held to account for planning issues.

Liz didn’t quite get to the level of passion and engagement that she exhibited in her speech on cheese, yet she managed to clearly identify herself as incapable of anything but finger painting and story time. None of the promises that she or David Cameron made, agreed with the agencies and public representatives, have been delivered to date and pollution has gotten worse where I live.

The assurances of the EA that they will robustly manage issues with the operation of the monstrosity going forward carry no weight with the community of Avonmouth, or indeed it would seem with any community where their management frameworks exists. No liability is attached to any officer directly if acting Ultra Vires or without due diligence. None of the enforcement action makes any tangible difference to the problems experienced. None of the fines are distributed to the people impacted. None of the officers involved live day in and day out with the impact of their omissions or oversights.

The Day Group made much of the fact that the problems highlighted in my submissions with regard to dust emissions were nothing to do with the Day Group and were on a different site with a different operator. Testimony presented to the Inspector has highlighted that this, in fact, is a half-truth and the answers to my questions regarding Boomeco and the issues arising from their operations on the site concerned have shown that the Day Group were aware of problems. The public had reported them directly to senior management; had identified that the tenant had breached their agreement or – as I’d describe – contract for use of the land and yet no action was taken to correct this breach that the Day Group are prepared to substantiate. This calls into question the Day Group’s fitness, willingness or capacity to operate a facility of this type in the unique locale of Avonmouth Port and their compliance going forward. Agencies’ willingness, capability or capacity to manage any issues experienced must also be questioned.

BCC’s shameful performance in enforcement of the law regarding the unloading and loading of ships providing feedstocks to the Port, which are outside of the EA’s claimed jurisdiction, give effective legal wriggle room. This allows the EA to claim responsibility only for the Day Group site and not the end-to-end journey of the product. This approach, illustrated by submissions from expert opinion, takes no account of the ‘product journey’ from ship to shore. The Day Group’s expert Dr Cockroft seems to think that lorries thundering up and down the road at 3:30 am with the associated noise of loading and unloading has no impact on people sleeping 50 metres away. My full, personal liability and expert opinion – not the testimony of a limited liability organisation – should take precedence in the Inspector’s consideration of these matters. I am a live person, a human being and not a corporation. The Day Group, EA, BCC and Port are not providing any individual prepared to accept personal liability for the plant’s operation and therefore have no rights.

The Port itself uses antiquated and unsafe methods to load and unload ships. This gives rise to pollution from both a noise and dust perspective. Regular shipments of thousands of tonnes of dusty cargo is moved via grab or bucket grab to lorry using the ‘best available technique’ (BAT) of dropping from a great height utilising the freely available force of gravity, without any form of mitigation, on a dockside regularly blasted with stormy winds and rainfall. The collective ‘we’ are not aware of the strengths, variability or historical patterns of weather affecting the dockside at Avonmouth. This is utilised by BCC, EA the Port and their lessees and tenants when making applications. Their experts will present data sourced from other elevations, aspects and even counties to generate models that bear no relation to the actual conditions on the ground. These models are then accepted as baselines from which other fantastical creations are calculated, pop into being and are relied upon as truth within the caveat of ‘variabilities’ and excluding liabilities.

As I understand things, BAT should encompass the size, resources and profitability of the organisation making the application in relation to the task or problem at hand before consideration is given to other factors thus deriving BAT from the whole. As the Day Group seem to have a hand in deciding BAT through their relationship with the regulator and their membership of the professional bodies and associations seemingly advising the regulator I’d suggest that a re-evaluation of BAT, in this case by an independent working party that reflects the justified concerns of residents, be undertaken before any permits are granted.

The residents and members of the public who have shared their statements with you have given accounts of the huge impact that the cumulative effect of the individual registrations based at the Port and surrounding areas have on the health and wellbeing of people who live here. Harrowing accounts of constant chest infections and breathing problems in the young and the old, noise problems that impact across the face of the clock and not just site licensed hours and the dramatic effect these problems have on individual mental health. We do allegedly have protections within Article 1 of the first protocol: 1998 Human Rights Act and I dare say under lots of other acts and statutes and the framework of common law, which must be enforced by the various authorities due to the UK’s undertakings. However these ‘rights’ seem negotiable when the Port is involved and the purposefully toothless regulators have to extract a digit and cease polishing the seats of their chairs.

The cube of doom has generated more input from all sections of society and the self-styled political classes than any application I have experience of. The public at large, residents, local Cllrs and even the Mayor of Bristol, Marvin Rees, have written to oppose the construction and permitting of the structure. The weight of public opinion far exceeds the numbers of people able to respond to the whims of the Day Group and various agencies pushing for its acceptance and I have been genuinely moved by some of the messages of support and promises of action should this plant go ahead. Civil disobedience is the duty of citizens who have no other remedy.

Do not permit this activity. It’s in the wrong place, not wanted and has been constructed illegally.

I’m done, soon to be dusted.

Ian Robinson, resident, representing 140 souls, Avonmouth Community Action Group.

DIPSHIT DAZ DOES A DEAL

Dipshit Daz: paints nails while Avonmouth suffers

Meanwhile, rookie Labour MP for Bristol Northwest, Darren “Dipshit” Jones weaves his own idiot spell around the Sims Metal plant. News reaches us that Darren Dipshit has written in SUPPORT of Sims’s request for a change of license to a waste transfer station so that “improvements” can be made.

Alas, it seems, Dipshit Daz, the eagle-eyed lawyer, approved the plan without reading the application properly! As the change of use allows Sims to EXPAND operations and, no doubt, increase the explosions and pollution already raining down on the boghoppers of Avonmouth.

What a surprise! This loudmouth Euro fanatic is more in favour of strong regulation of polluting industry in theory on election leaflets than in practice in Avonmouth.

POLLUTERS’ SECRET MEETING JOY

Lenin

Disquiet in Avonmouth after it’s revealed that their two idiot Labour councillors Donald “Lenin” Alexander and Jo “Stupid Hippy” Sergeant, have met in SECRET with corporate polluters Sims Metal, based at the Port of Bristol.

Both councillors are refusing to divulge any information about their meeting with a business that’s notorious for systematically IGNORING regulators’ instructions as well as being a site of regular and inexplicable explosions.

An FoI request reveals this mystery meeting had no agenda and no minutes were taken. Conveniently leaving no audit trail for future reference. This has created to a lot of SUSPICION in the village. Why did senior representatives of a serial polluter’s REGULATORY BODY have a secret meeting with the polluter? What happened? Were used banknotes exchanged? How would we know?

Stupid Hippy

Perhaps we should keep a careful eye on Lenin and Hippy’s holiday destinations next year? Will they be sunning themselves somewhere especially exotic while kids in Avonmouth get to stay home and be EXPOSED to carcinogens and the RISK of lung disease due to an ineptly regulated business?

Maybe this pair of hopeless councillors should take advice from their own council on matters

of CORRUPTION and how to avoid legitimate accusations of it? “All workers are required to avoid any activity that might lead to, or suggest, a breach of the Bribery Act 2010,” they’re advised. But perhaps this pair are too important to follow their own advice?

Dipshit

Although, at least, Lenin and Hippy aren’t quite as bent as Avonmouth’s former Tory councillor, Wayne “Dumb” Harvey, who managed, for a couple of years, to be a non-executive director of the Port of Bristol Company on behalf of Bristol City Council while also being an EMPLOYEE of the company!

No doubt, in the corridors of power at the Counts Louse the nonces running the place consider this a gold standard in independent company oversight? Although anyone in the real world would know Harvey had a BLATANT conflict of interest and it would be impossible for him to oversee, at board level, the running of a business that employed him at a junior level.

BristolCity Council’s latest non-executive director overseeing the Port of Bristol is our friend Green Councillor Stephen Clarke. He currently seems too busy running a small but profitable property empire and evicting vulnerably housed young people to worry about CORPORATE POLLUTERS in Avonmouth.

Plus ca change.

NOW FOR THE MAIN EVENT: FEATHERWEIGHT FLACCID FLOPPER REES vs THE PEOPLE

Avonmouth: unlawful poison plant too difficult and expensive for the council to enforce the law they are supposed to enforce?

With the Antona Court laundry case done and dusted, Avonmouth residents can now move on to their next legal target – the UNLAWFUL Day Group development of a poisonous bottom ash plant on Port of Bristol land right by their homes.

Day Group, with the help of the Port of Bristol and some hurriedly redeployed council planners, have built a POISONOUS and POLLUTING hellhole right next to a residential area in Avonmouth after dubious Bristol City Council planning bosses granted Day Group a ‘Certificate of Lawful Use’ in 2015 to build the plant. Although the council now admit this certicate was, er, “WRONGLY ISSUED“.

The council finally issued a Planning Contravention Notice to day Group late last year over the unlawful development but they are now DECLINING to enforce the notice and force the demolition of the plant as residents want.

“There would be very considerable DIFFICULTIES and EXPENSE in seeking the demolition of the structures,” they bleat, which might come as a surprise to anyone who’s not a major corporate player and friend of the Port of Bristol and the Merchant Venturers who’s built anything in Bristol without planning permission.

Instead, Day Group, having effectively NEUTRALISED any serious city council action over their poison plant, are now attempting to get the Environment Agency to grant them a licence to start killing the residents of Avonmouth with their profitable toxic shit.

Day Group also tried to get this licence last year but got KNOCKED BACK by the Environment Agency, so now they’re now appealing to the Minister of State for DEFRA, Michael “Govey” Gove.

This has resulted in the following EMAIL being fired off to DEFRA last week:

From: Avonmouth Resident
To:environment.appeals@pins.gsi.gov.uk” <environment.appeals@pins.gsi.gov.uk>
Sent: Friday, 21 July 2017, 16:10
Subject: RE – EPR/TP3138DP/A001 – NOTICE OF APPEAL MADE UNDER THE ENVIRONMENTAL PERMITTING (ENGLAND AND WALES) REGULATIONS 2016 – REGULATION 31

Her Majesty’s Principal Secretary of State for Environment, Food and Rural Affairs
The Right Honourable Michael Gove or responsible delegated officer

Environment Appeals Administration
The Planning Inspectorate
3/H Hawk Wing
Temple Quay House
2 The Square
Bristol
BS1 6PN

Your ref: EPR/TP3138DP/A001
PINS ref: APP/EPR/511

Via e-mail.

Sir, Madam.

I am writing to you as I have been notified that the Day Group have appealed to your office in relation to the matters detailed above. I am writing as the closest sensitive receptor to the development, private householder and member of the Avonmouth Community Action Group.

I have a number of issues with the appeal as I understand it as presented to me by your office, please notify me of any errata or clarify my misunderstandings.

The Day Group (hereafter referred to as DG) have appealed the Environment Agency (hereafter referred to as EA) decision to refuse an environmental permit for their now constructed IBA plant at Avonmouth Dock adjacent to my property; I understand that the plant was constructed without the relevant planning permission being obtained from the local authority and that the Day Group are relying on the granting of a Lawful Use Of Land Certificate issued in error by Bristol City Council (hereafter referred to as BCC) as permission granted to erect the structure – Certificate ref:14/00824/CP.

DG have submitted a document titled: Avonmouth Grounds of Appeal 2.2 02 06 17-1.pdf (10 pages), which sets out their position and specific contested points of appealing the EA decision to you, for consideration as decision maker in those matters.

Your office has allocated 21 days from notice for interested parties to respond to you and a hearing will be set for later in 2017 (around October).

I do have a concern about the appeal process as set out currently: it would seem on examination of the document provided that DG have not actually included evidence for consideration, just a generalised statement that at some point they will be presenting statements of evidence that will illustrate that the EA were remiss and incorrect in their assessment of the original permit application; from my perspective this lack of detail, coupled with the restrictive timescale of 21 days placed upon me and any other notified individuals to submit our comments or evidence to your office, could disadvantage our cases and abrogate our rights unfairly.

BCC have issued a Planning Contravention Notice to DG as they have confirmed a material breach of planning regulations has taken place after DG started construction after BCC informed DG the permitted development rights relied upon did not cover an industrial installation. Letter from Jonathan Chick to the Port attached to this mail. Until the issue around planning permission has been resolved I do not see how the EA or the Sec State can grant a license to DG to begin operations as the site is both illegal and unlawful at present. BCC have indicated that should this matter go for retrospective planning permission it would be highly unlikely to succeed. I am in the process of giving instructions in relation to these matters and I am seeking a demolition notice to be served by BCC to DG to resolve the torts caused by the actions of DG and inactions of other parties.

I have included my original response to the application for your records and would welcome the opportunity to cross examine DG evidence at the hearing when eventually submitted for examination. Please let me know the dates so I can attend and give my own evidence for consideration as an impacted party.

The broad basis for my arguments against DG  are:

    • The definition of IBA as an inert and non-hazardous product rather than hazardous waste.
    • The failure of the planning framework, local authority and EA in permitting this site for industrial operations historically and for this development.
    • The failure of DEFRA and the previous secretary of state Liz Truss to act upon the known issues with this site and others permitted in the immediate vicinity previously.
    • The original submission by DG to the EA on points not appealed by DG.

I would like to be provided with any further submissions by parties involved in good time before the hearing, please forward when received. I reserve my rights to add to my submissions as evidence becomes available within the case.

Regards,

Avonmouth Resident.

Yes, you did read that correctly – ” I am in the process of giving INSTRUCTIONS in relation to these matters and I am seeking a demolition notice to be served by BCC to DG.”

The “Instructions” are from Avonmouth residents to LAWYERS and the stated objective is for the Day Group/Port of Bristol poison plant to go – regardless of what Bristol City Council’s bent planners overseen by a bunch of fucking useless councillors, cabinet members and mayors, in the back pocket of port-owning Merchant Venturers, want.

We urge you to watch this space. This is going to get very interesting indeed …

DAY GROUP ROBBERY

Planning permission? That’s for the little people.

Efforts by the Day Group to open a poisonous bottom ash manufacturing plant at the Port of Bristol, Avonmouth WITHOUT planning permission takes a turn for the worse for residents.

The council has finally responded to a complaint filed in November by a local ‘moaning bastard’ in Avonmouth, which resulted in a Planning Contravention Notice (PCN) against Day Group and a wholesale LACK of any further action.

Having considered the straightforward matter now for EIGHT MONTHS and splashed out on one of the city’s slowest barristers – Leslie Blohm from St John’s Chambers in Queens Square – for advice, the council has finally concluded, “there would be very considerable difficulties and expense in seeking the demolition of the structures which the Council does not feel able to undertake.”

In other words the huge plant can REMAIN despite it having no planning permission. While the council further admits a so-called ‘Certificate of Lawful Use’ handed by planning officers to Day Group in 2014 to “operate and maintain a facility for the processing of inert waste and specifically IBA (Incineration Bottom Ash) imported into Avonmouth Docks and for onward transit to a variety of end users” was “WRONGLY ISSUED“.

This means the residents are now entirely reliant on the Environment Agency continuing to REFUSE the Day Group an Environmental Permit to process bottom ash at the site and on the council refusing any change of use planning applications.

To this end, the council have given a WEAK undertaking to residents “that any further proposals for uses on the site are very carefully scrutinised in accordance with all relevant planning policies”. And we all know what “careful scrutiny” by our planning department means don’t we?

Residents in Avonmouth are up in arms and promise a response …<

UNLAWFUL POISON PLANT LATEST

Planning permission is now only for the little people in Bristol; not for stuff built for the big swinging dicks of the Merchant Venturers

Efforts by the Day Group to build a POISONOUS bottom ash manufacturing plant at the Port of Bristol, Avonmouth, yards from people’s homes and WITHOUT planning permission, continue to be secretly supported by Bristol City Council’s planners and politicians.

Following a complaint filed in November by a local ‘moaning bastard’ in Avonmouth, the council was forced to issue a PLANNING CONTRAVENTION NOTICE (PCN) against Day Group and investigate this enormous mystery plant at the Port of Bristol with no planning permission.

Day Group have responded to the PCN through lawyers and, seemingly, the response was TOO DIFFICULT for our thicko planners and local authority lawyers to understand as they immediately engaged the services of independent counsel from St Johns Chambers, Queen Square to explain the letter to them.

Although perhaps it’s best not to engage the services of St Johns because they’re, apparently, a shower of IDLE TOSSPOTS bleeding the public purse dry. Over three months later and they, allegedly, still haven’t managed to supply the council with a legal opinion on a short letter on a small point of planning law!

Construction of the plant therefore CONTINUES while the Day Group attempt to obtain a licence from the Environment Agency to start manufacturing their poisonous crap at the site. When questioned by locals on why they were processing a licencing application for an unlawful facility, the Environment Agency responded that planning was not an issue for them.

Meanwhile Avonmouth’s two local Labour Councillors, Don “LENIN” Alexander and Jo “STUPID HIPPY” Sergeant have gone very quiet indeed. Having promised residents they would FIGHT the plant, anything they’re doing to stop this unlawful and potentially harmful eyesore in their ward going ahead appears to be either TOP SECRET or entirely INEXPLICABLE. They have, however, found time to vote to keep their taxpayer funded sandwiches and parking spots.

Promises, last month, from the useless municipal duo to ask the Reverend questions about the facility at Full Council mysteriously NEVER HAPPENED, while enquiries from residents are stonewalled or ignored. Are this pair of rookie politicians being BULLIED in the shadowy corridors of power?

The Day Group are now offering TOURS of their illegal installation to the community at large (except for local “moaning bastards”). Especially any locals who might be likely to accept the largesse of Merchant port bosses through their QUARTET FOUNDATION community slush fund, now run by Sue “Bullshit” Turner, a former Port of Bristol PR boss.

The strategy of state agencies, who should be PROTECTING US to support the Merchant Venturer-run Port of Bristol and their POLLUTING corporate clients is now perfectly clear. Once the EA grant a licence for the unlawful facility, the local authority can then point to the licence to claim the facility is lawful regardless of the planning situation.

All they need to do now is keep any pesky residents and councillors quiet until it’s too late.

LOCAL AMNESTY ALL A-FIZZ ON CHINA

2008-6-30-guo-feixiong-2006-after-beatingChinese premier, XI JINPING, was in the country last month for a high profile state visit and to get brownosed by a British establishment desperate for Chinese cash to fund infrastructure projects like the Hinkley Point nuclear power station in Somerset.

To coincide with the CHINESE COMMUNIST PARTY top dog’s arrival, Amnesty International published a list of high profile prisoners of conscience in China. The vast majority of whom are banged up for the crime of free speech and demanding democracy in China.

Among those on the list is a big hero of the Bristolian, GUO FEIXIONG. The pen name of Yang Maodong, a prominent writer and lawyer from Bristol’s Chinese twin city of Guangzhou.

Feixiong was SEIZED off the city’s streets by Guangzhou police on August 8, 2013, and finally arrested on September 11 2013 on a charge of “gathering a crowd to disrupt order of a public place”. His crime was to help organise a peaceful protest over BLATANT CENSORSHIP by the Chinese Communist Party of a local Guangzhou–based newspaper, the Southern Weekly.

Two years later, Feixiong remains in custody and still awaits trial on these spurious charges. According to his lawyer, his health has deteriorated while in detention and his lower legs are extremely weak. His sister and doctor say his condition could be caused from the HUNGER STRIKE he went on in protest at his treatment or from TORTURE.

His lawyer has applied twice for his release on medical bail, the first time in 2013 and then again in June 2014. The authorities refuse to grant bail, however, claiming that Feixiong poses a “DANGER TO SOCIETY”.

Feixiong was also imprisoned from 2006-2011 when he was SEVERELY TORTURED. This Included being beaten, ‘tiger benched’ and suspended from a ceiling by his arms with his legs bent back while being hit with an ELECTRIC PROD on the face, arms, and genitals.

Other Guangzhou-based citizens on the Amnesty list include TANG JINGLING, a  human rights lawyer, who was criminally detained in mid-May 2014 on suspicion of “CREATING A DISTURBANCE,” and WANG QINGYING and YUAN XINTING, who are close associates of Tang in the “Non-violent Citizens’ Disobedience Movement”.

All three have subsequently been formally arrested on a serious charge of “INCITING SUBVERSION OF STATE POWER” although there’s no sign of a trial.

Despite having an active Amnesty International branch in Bristol, which organises a SWANKY GARDEN PARTY at Bristol University’s swanky Goldney Hall every year, there’s no sign of the branch taking up the cases of any of these four prisoners of conscience from our Chinese twin city in any meaningful way.

Instead, it seems, our local Amnesty members prefer to sip sparkling wines in agreeable surroundings while Mayor Pro-Torture – himself an Amnesty member – is left in peace to regularly travel back and forth to Guangzhou to allegedly promote trade and pick up spurious awards from the torturers of the Chinese Communist Party.

Meanwhile, MERCHANT VENTURER Port of Bristol bosses Terrence Mordaunt and David Ord are similarly left in peace to seek financial support for their deepwater port plan at Avonmouth from the Chinese Communist Party bosses of the GUANGZHOU PORT AUTHORITY.

Surely we should be doing much more to support these prisoners of conscience held and tortured under our noses in our twin city?

#walrustrial: MORE BENT ASBOs!

Remember, in December, the council’s useless social housing boss, posh twit NICK “DROOPER” HOOPER, threatening two Avonmouth residents with an ASBO because they hand-delivered a letter to his Conservative Party friend WAYNE “DEE” HARVEY, Avonmouth councillor and well paid Merchant Venturer lackey and useful idiot at the Port of Bristol?

When the Avonmouth pair started querying Drooper about the LEGALITY of his bizarre threats and the exact source of his POWERS to issue an ASBO when he feels like it, Drooper bravely ran away and ignored them. A bit like a little child running away to their bedroom to hide under the covers when they’re asked to explain why their hand’s, once again, in the cookie jar.

Refusing to be deterred by an IDIOT council boss doing a runner and refusing to explain his actions or answer simple questions, one resident decided to formally complain to the council about Drooper’s deranged conduct.

The complaint suggested that Drooper had BREACHED natural justice,  the European Convention on Human Rights and RIPA (Regulation of Investigatory Powers Act) laws for investigation of citizens as well as the council’s own policies on investigations.

The complaint also highlighted that Drooper, a politically restricted senior manager, appeared BIASED towards a member of the Conservative Party and against other election candidates in Avonmouth.

What other explanation is there for Drooper’s CRAZED MISSIVE that functions entirely outside of the basic principles of British law? In fact, Drooper appears to function outside the principles of any democratic system of justice anywhere in the world.

What type of regime would allow an unelected middle management bureaucrat to dispense justice on the basis of ONE secret verbal claim, NO investigation, NO right of reply, NO right of representation and NO right of appeal? This is worse than bloody China.

The complaint was sent in by STEVE NORMAN (yes, him again!) on 23 December and a response was promised by 14 January.

But lo and behold! Here we are on 23 January and the council is UNABLE to formulate any kind of response – not even a simple holding letter – to the complaint. They also appear unable to explain when they will respond or, even, who is dealing with the complaint.

Clearly there’s something extremely ROTTEN in Bristol City Council and among its officers in their use of ASBOs and RIPA laws towards certain citizens, especially when it directly benefits councillors.

Perhaps it’s time an independent body was hauled in to see what these officers and councillors have been up to and review how ASBOs and the RIPA are being used by our council?

DEAR COUNCILLOR, PLEASE DO NOT OPEN YOUR EMAIL IN CASE YOU DISCOVER YOUR COUNCIL IS BENT …

Our old friend, that hopeless fuckwit of a public sector lawyer, Bristol City Council legal boss SANJAY “UNDER” PRASHAR, has been busy spending your money on a proper lawyer.

So he’s now issuing threats to councillors in order to stop them learning more about the open corruption washing around their organisation:

From: Sanjay Prashar <sanjay.prashar@bristol.gov.uk>
To: Gus Hoyt <gus.hoyt@bristol.gov.uk>; Rob Telford <rob.telford@bristol.gov.uk>; Wayne Harvey <wayne.harvey@bristol.gov.uk>; Matthew Melias <matthew.melias@bristol.gov.uk>; Colin Smith <Colin.Smith@bristol.gov.uk>; Mark Bradshaw <mark.bradshaw@bristol.gov.uk>; Tim Malnick <tim.malnick@bristol.gov.uk>; Daniella Radice <daniella.radice@bristol.gov.uk>; Kevin Quartley <kevin.quartley@bristol.gov.uk>; Richard Eddy <richard.eddy@bristol.gov.uk>; Mike Wollacott <Mike.Wollacott@bristol.gov.uk>; Mike Langley <mike.langley@bristol.gov.uk>; Jackie Norman <jackie.norman@bristol.gov.uk>; Rhian Greaves <rhian.greaves@bristol.gov.uk>; Alex Woodman <Alex.Woodman@bristol.gov.uk>; Mark Wright <mark.wright@bristol.gov.uk>; Charles Lucas <charles.lucas@bristol.gov.uk>; Barbara Janke <barbara.janke@bristol.gov.uk>; Christian Martin <christian.martin@bristol.gov.uk>; Simon Cook <simon.cook@bristol.gov.uk>; Neil Harrison <Neil.Harrison@bristol.gov.uk>; Anthony Negus <Anthony.Negus@bristol.gov.uk>; Afzal Shah <afzal.shah@bristol.gov.uk>; Faruk Choudhury <Faruk.Choudhury@bristol.gov.uk>; Mhairi Threlfall <mhairi.threlfall@bristol.gov.uk>; “‘darren@darren-jones.co.uk‘” <darren@darren-jones.co.uk>; Mahmadur Khan <mahmadur.khan@bristol.gov.uk>; Christopher Jackson <christopher.jackson@bristol.gov.uk>; Jeff Lovell <Jeff.Lovell@bristol.gov.uk>; Lesley Alexander <lesley.alexander@bristol.gov.uk>; William Payne <bill.payne@bristol.gov.uk>; Naomi Rylatt <naomi.rylatt@bristol.gov.uk>; Mark Brain <mark.brain@bristol.gov.uk>; Chris Windows <Chris.Windows@bristol.gov.uk>; Mark Weston <mark.weston@bristol.gov.uk>; Barry Clark <barry.clark@bristol.gov.uk>; Michael Frost <michael.frost@bristol.gov.uk>; Glenise Morgan <Glenise.Morgan@bristol.gov.uk>; Clare Campion-Smith <clare.campion-smith@bristol.gov.uk>; Phil Hanby <phil.hanby@bristol.gov.uk>; Noreen Daniels <noreen.daniels@bristol.gov.uk>; Claire Hiscott <claire.hiscott@bristol.gov.uk>; Olly MEAD <olly.mead@bristol.gov.uk>; Tim Leaman <Tim.Leaman@bristol.gov.uk>; Jason Budd <jason.budd@bristol.gov.uk>; Gary Hopkins <gary.hopkins@bristol.gov.uk>; Councillor Christopher Davies <christopher.davies@bristol.gov.uk>; Margaret Hickman <marg.hickman@bristol.gov.uk>; Hibaq Jama <hibaq.jama@bristol.gov.uk>; Estella Tincknell <estella.tincknell@bristol.gov.uk>; Gill Kirk <gill.kirk@bristol.gov.uk>; Fi Hance <Fi.Hance@bristol.gov.uk>; Martin Fodor <martin.fodor@bristol.gov.uk>; Jenny Smith <jenny.smith@bristol.gov.uk>; Brenda Massey <brenda.massey@bristol.gov.uk>; Sean Beynon <Sean.Beynon@bristol.gov.uk>; Charlie Bolton <charlie.bolton@bristol.gov.uk>; Steve Pearce <s.pearce@bristol.gov.uk>; Fabian Breckels <Fabian.Breckels@bristol.gov.uk>; Ron Stone <ron.stone@bristol.gov.uk>; Sue Milestone <sue.milestone@bristol.gov.uk>; Jay Jethwa <Jay.Jethwa@bristol.gov.uk>; David (Cllr.) Morris <david.morris@bristol.gov.uk>; Peter Abraham <peter.abraham@bristol.gov.uk>; John Goulandris <john.goulandris@bristol.gov.uk>; Geoffrey Gollop <geoffrey.gollop@bristol.gov.uk>; Alastair Watson <Alastair.Watson@bristol.gov.uk>; Helen Holland <helen.holland@bristol.gov.uk>; Timothy Kent <tim.kent@bristol.gov.uk>; Mark Bailey <mark.bailey@bristol.gov.uk>; Sam Mongon <sam.mongon@bristol.gov.uk>; Tracey Morgan <tracey.morgan@bristol.gov.uk>; “‘steve@bristolukip.org‘” <steve@bristolukip.org>; “‘sw1ne2001@yahoo.co.uk‘” <sw1ne2001@yahoo.co.uk>; Nick Hooper <nick.hooper@bristol.gov.uk>
Cc: Shahzia Daya <shahzia.daya@bristol.gov.uk>; Alison Comley <alison.comley@bristol.gov.uk>
Sent: Friday, 16 January 2015, 18:10
Subject: Important information from the Monitoring Officer of Bristol City Council

Dear Councillors and Officers and others copied into this email,

Please read this email immediately and in full, it contains important information that you must know

I am writing to you because on about 14 January 2015  you received or were copied in to an email with a subject line beginning “The shit finally hits the fan…” from somebody identified as Phil.

If you have read the email you will understand why I am not re-sending it to you myself and why I would not encourage anybody else to repeat statements that may well be  within the scope of the law of defamation.

The email included, among other things, the following threat:

“I will be attaching to a subsequent email, which you and the other councillors should receive within the next 48 hours, the un-redacted minutes of the ASBO meetings…”

I am writing to let you know that the documents referred to in that threat are almost certainly subject to confidentiality under section 17 of the Criminal Procedure and Investigations Act 1996.  It is a criminal contempt contrary to section 18 of that act for a person knowingly to use or disclose an object or information recorded in it if the use or disclosure is contrary to section 17.  I am therefore writing to you to ensure you are aware that, should you receive a future email from ‘Phil’ my advice is that you should not open it, nor any of its attachments and under no circumstances should you forward them to any other person or make any use of them or the information within them. The penalty for contravention of section 18 is a £5,000 fine and/or being committed to custody for a specified period of up to 6 months if convicted in a magistrates court.  If convicted in the Crown court the specified period of custody and/or fine are unlimited.

I understand that those emails will provoke interest but I am sure you appreciate that it is not appropriate for those of you that are elected members to be operationally concerned in any criminal cases. We will not be able to discuss the case with any of you at this stage following the advice of Senior Counsel, not least because the case is ongoing.  The police are aware of the ‘Phil’ email.

Regards

Sanjay Prashar
Service Director Legal and Democratic Services
Parkview Office Campus
PO Box 3176
Bristol City Council
Bristol BS3 9FS

DX: 7827 Bristol

Tel: 0117 92 22839
E mail: Sanjay.Prashar@bristol.gov.uk

Meanwhile, as usual, thicko Prashar has demonstrated his inability to operate an email account’s ‘reply’ function and has already received a reply from, er, a member of the public to his threatening tosh intended for councillors’ eyes only.

A member of the public, coincidentally, that’s been threatened with one of these bent ASBOs that Bristol City Council apparently specialises in and is keen to cover up:

To: Sanjay Prashar <sanjay.prashar@bristol.gov.uk>, Gus Hoyt <gus.hoyt@bristol.gov.uk>, Rob Telford <rob.telford@bristol.gov.uk>, Wayne Harvey <wayne.harvey@bristol.gov.uk>, Matthew Melias <matthew.melias@bristol.gov.uk>, Colin Smith <Colin.Smith@bristol.gov.uk>, Mark Bradshaw <mark.bradshaw@bristol.gov.uk>, Tim Malnick <tim.malnick@bristol.gov.uk>, Daniella Radice <daniella.radice@bristol.gov.uk>, Kevin Quartley <kevin.quartley@bristol.gov.uk>, Richard Eddy <richard.eddy@bristol.gov.uk>, Mike Wollacott <Mike.Wollacott@bristol.gov.uk>, Mike Langley <mike.langley@bristol.gov.uk>, Jackie Norman <jackie.norman@bristol.gov.uk>, Rhian Greaves <rhian.greaves@bristol.gov.uk>, Alex Woodman <Alex.Woodman@bristol.gov.uk>, Mark Wright <mark.wright@bristol.gov.uk>, Charles Lucas <charles.lucas@bristol.gov.uk>, Barbara Janke <barbara.janke@bristol.gov.uk>, Christian Martin <christian.martin@bristol.gov.uk>, Simon Cook <simon.cook@bristol.gov.uk>, Neil Harrison <Neil.Harrison@bristol.gov.uk>, Anthony Negus <Anthony.Negus@bristol.gov.uk>, Afzal Shah <afzal.shah@bristol.gov.uk>, Faruk Choudhury <Faruk.Choudhury@bristol.gov.uk>, Mhairi Threlfall <mhairi.threlfall@bristol.gov.uk>, “darren@darren-jones.co.uk” <darren@darren-jones.co.uk>, Mahmadur Khan <mahmadur.khan@bristol.gov.uk>, Christopher Jackson <christopher.jackson@bristol.gov.uk>, Jeff Lovell <Jeff.Lovell@bristol.gov.uk>, Lesley Alexander <lesley.alexander@bristol.gov.uk>, William Payne <bill.payne@bristol.gov.uk>, Naomi Rylatt <naomi.rylatt@bristol.gov.uk>, Mark Brain <mark.brain@bristol.gov.uk>, Chris Windows <Chris.Windows@bristol.gov.uk>, Mark Weston <mark.weston@bristol.gov.uk>, Barry Clark <barry.clark@bristol.gov.uk>, Michael Frost <michael.frost@bristol.gov.uk>, Glenise Morgan <Glenise.Morgan@bristol.gov.uk>, Clare Campion-Smith <clare.campion-smith@bristol.gov.uk>, Phil Hanby <phil.hanby@bristol.gov.uk>, Noreen Daniels <noreen.daniels@bristol.gov.uk>, Claire Hiscott <claire.hiscott@bristol.gov.uk>, Olly MEAD <olly.mead@bristol.gov.uk>, Tim Leaman <Tim.Leaman@bristol.gov.uk>, Jason Budd <jason.budd@bristol.gov.uk>, Gary Hopkins <gary.hopkins@bristol.gov.uk>, Councillor Christopher Davies <christopher.davies@bristol.gov.uk>, Margaret Hickman <marg.hickman@bristol.gov.uk>, Hibaq Jama <hibaq.jama@bristol.gov.uk>, Estella Tincknell <estella.tincknell@bristol.gov.uk>, Gill Kirk <gill.kirk@bristol.gov.uk>, Fi Hance <Fi.Hance@bristol.gov.uk>, Martin Fodor <martin.fodor@bristol.gov.uk>, Jenny Smith <jenny.smith@bristol.gov.uk>, Brenda Massey <brenda.massey@bristol.gov.uk>, Sean Beynon <Sean.Beynon@bristol.gov.uk>, Charlie Bolton <charlie.bolton@bristol.gov.uk>, Steve Pearce <s.pearce@bristol.gov.uk>, Fabian Breckels <Fabian.Breckels@bristol.gov.uk>, Ron Stone <ron.stone@bristol.gov.uk>, Sue Milestone <sue.milestone@bristol.gov.uk>, Jay Jethwa <Jay.Jethwa@bristol.gov.uk>, “David (Cllr.) Morris” <david.morris@bristol.gov.uk>, Peter Abraham <peter.abraham@bristol.gov.uk>, John Goulandris <john.goulandris@bristol.gov.uk>, Geoffrey Gollop <geoffrey.gollop@bristol.gov.uk>, Alastair Watson <Alastair.Watson@bristol.gov.uk>, Helen Holland <helen.holland@bristol.gov.uk>, Timothy Kent <tim.kent@bristol.gov.uk>, Mark Bailey <mark.bailey@bristol.gov.uk>, Sam Mongon <sam.mongon@bristol.gov.uk>, Tracey Morgan <tracey.morgan@bristol.gov.uk>, “steve@bristolukip.org” <steve@bristolukip.org>, Nick Hooper <nick.hooper@bristol.gov.uk>
Cc: Shahzia Daya <shahzia.daya@bristol.gov.uk>, Alison Comley <alison.comley@bristol.gov.uk>, “louis.emanuel@b-nm.co.uk” <louis.emanuel@b-nm.co.uk>, “The Bristolian .” <bristoliannews@googlemail.com>, “steve@mediafocusuk.com” <steve@mediafocusuk.com>, “donna@avmedia.tv” <donna@avmedia.tv>, Martin Jones <martin.jones1@bbc.co.uk>

Sanjay, I am indeed pleased that you have identified yourself as director of legal services for BCC. I’d like an answer from you as to why BCC are in breach of their duties to serve a noise abatement notice on Sims Metal Management based out of Avonmouth docks for multiple breaches of the law. I have asked many of your colleagues in the senior team but not one will actually give a straight answer.

George Ferguson, Gus Hoyte, Arnold Miller and Mark Curtis  and many members of the executive are aware of the issues in Avonmouth and have been for significantly longer than the two or so years BCC have failed to serve the abatement notice as per your legal and lawful duties. Senior officers have been pointed at the legislation, have the evidence that could be used in court and have somehow managed to avoid doing their jobs for a significant amount of time.

To be clear, BCC are breaking the law and you in your official public position  are now given formal notice of these issues; I require you to provide me with detail of how BCC are to rectify the disparity and a timescale for doing so.

I would like to draw your attention to the fact that the same officers involved in serving and enforcing the abatement notice against Ms Simmonite are the same officers (and unit head) that stated they would not prosecute a case against Sims. We can also discuss the Port of Bristol themselves, Boomeco, Churngold, A&A Recycling, Stobarts Biomass, the grain collective and many other organisations breaking the law day in and day out with the assurance from Arnold Miller’s team via George and the top team of mafia Cllrs with their fingers in lots of pies.

There is corruption at the heart of BCC, touching Cllrs and senior officers alike and we have the proof that officers and Cllrs have proceeded in a manner that could be construed as Misfeasance, Malfeasance and or Nonfeasance in a public office, I believe if Sue Mountstevens were to investigate we might even see a few more rapid retirements with gagging clauses and heavens above perhaps a few collars felt; an auspicious day it would be indeed.

What are you going to do now Sanjay, throw some more public money at threatening me like your colleague Mr Hooper did because I dared ask Cllr Harvey why BCC are supporting large, profitable business interests (that just happen to be based on land owned by Merchant friends of George and his employer) to break the law but prosecuting small businesses that just happen not to be friends of George because another Cllr seems to have a problem with successful women that just happen to own property that rests on prime development land?

You will not bury this story, might be time to do some work rather than advising Cllrs on how to avoid getting caught for buying council houses on the cheap

Regards,

NEWS RELEASE: Avonmouth samba against the dust tomorrow

FOR IMMEDIATE RELEASE:

Why not join the residents of Avonmouth and the BBC Points West team at Avonmouth Park for a Brazilian samba-style protest against pollution at the Port of Bristol docks tomorrow?

The fun kicks off at 12 noon when Avonmouth residents will gather to party down to the port gates where a cruise liner is due to berth on the morning tide and leave on the evening tide.

A representative from the Avonmouth Dust Forum says, “we have an opportunity to bring our plight peacefully to the attention of a wider audience and highlight the lack of concern and abuse of the law being shown by Bristol City Council, the hopeless regulatory authorities and the Port of Bristol Company.”

The forum also say, “to all those organizations that are monitoring the Avonmouth Dust Forum: we would much rather be sat at a negotiating table trying find a sensible workable resolution and we extend an offer to the Port of Bristol Company and Bristol City Council to contact us with solutions. If no such contact is made our peaceful campaign of direct action will continue.”

Out now: ‘FLYMAGEDDON!’: the new Avonmouth movie: