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Author Topic: Planning enforcement and planning appeals system under pressure  (Read 3750 times)

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Planning enforcement and planning appeals system under pressure
« on: December 04, 2015, 09:07:59 am »
With the recent planning reforms it looks like the system is struggling.
Given the fact you have 28 days to submit a enforcement appeal and 6 months for a planning appeal.
I submitted a enforcement appeal within the 28 day period on the 3/6/2015 after a long running problem from 9/9/2014.
Only to be told they were that busy it would be in a que  for @ 2 months before it was actually even added to the list, it got on to the official list 21/7/2014. All the relevant evidence was submitted by 22/9/2014 and we still have not got the visit date let alone decision date, doubt i will receive either this year.

I went on line and found a enforcement appeal submitted around 12/7/2015 and the :knit: vist is not until 23/3/2016 unbelievable and it looks like things are getting worse

Planning appeals seem to get sorted a bit quicker but not much, if you end up submitting a appeal be prepared for a long wait
« Last Edit: December 04, 2015, 06:05:14 pm by mart6 »
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waterbuffalofarmer

  • Joined Apr 2014
  • Mid Wales
  • Owner of 61 Mediterranean water buffaloes
Re: Planning enforcement and planning appeals system under pressure
« Reply #1 on: December 04, 2015, 09:12:46 am »
What is this for mart6? Is it for getting planning to build on land?
the most beautiful people we have known are those who have known defeat, known suffering, known struggle, known loss and have found their way out of the depths. These persons have an appreciation, a sensitivity and an understanding of life that fills them with compassion, gentleness, loving concern.

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Planning enforcement and planning appeals system under pressure
« Reply #2 on: December 04, 2015, 09:22:01 am »
Long story local council are a real bunch of ---- , talk about manipulate things
Here is link to the story so far on a site where i got some great help, the site crashed a part of it got lost but main points are on it

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=9&t=19952

chrismahon

  • Joined Dec 2011
  • Gascony, France
Re: Planning enforcement and planning appeals system under pressure
« Reply #3 on: December 04, 2015, 11:07:02 am »
Having read that it sounds a ridiculous situation Mart6. I also think something is going on in the background.


6 years ago the planning appeal system was struggling. I applied to rebuild an existing carport as a garage. For no good reason it was rejected- I was at the planning meeting and none of those voting against it asked any questions. It took 6 months waiting to get a judgement and my application was granted. They wasted so much time and public money for absolutely nothing!

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Planning enforcement and planning appeals system under pressure
« Reply #4 on: December 04, 2015, 01:02:41 pm »
Its worse now most decisions are made by planning officers not committees

Councils case fell apart when facts started to come out.
Bit thats really got my goat is in the only evidence they had was photos which we never disputed as furniture has been in place for 12 years +.
So council enforcement officer then comes out with statement that i said to him i bought place to live in and use as kennels, which never happened and is a blatant lie. I was flabbergasted when i read it,i do have evidence that contradicts that but its a real eyeopener do not talk to them now without informing them i am recording everything.

Its back fired re 4 and10 year use rules now as i have statements from previous owners who were happy to get involved most people would not want to imo

Going to post everything when its decided its a real insight into a b-nt council offical
« Last Edit: December 04, 2015, 01:06:55 pm by mart6 »

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Planning enforcement and planning appeals system under pressure
« Reply #5 on: December 18, 2015, 05:52:56 pm »
Finally got my site visit date for my enforcement appeal 5/1/2016 wish me luck  :-\

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Planning enforcement and planning appeals system under pressure
« Reply #6 on: January 05, 2016, 09:40:29 pm »
Well planning inspector arrived today re my enforcement appeal.
Had been to another appeal under same council that was submitted @6 weeks after mine so they must batch them together.
18 months of hell end is getting near
Made my day enforcement officer arrived in shoes then moaned i never told him he needed wellies .... prat
Prob dont rain in his office.
Seemed to go well he was speechless never made one comment in whole visit even when asked by the inspector

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Planning enforcement and planning appeals system under pressure
« Reply #7 on: March 15, 2016, 04:40:57 pm »
Got the enforcement appeal decision today
The enforcement notice was quashed  :excited:
What a episode i would not wish it on anyone, it started with a visit September 2014
was followed up with a retrospective planning application refused march 2015.

Enforcement notice issued  May 2015, appeal went in June 2015 , got decision today.

All furniture is ancillary to agricultural use ( for other peoples reference it included
sink running water,kitchen units,cooker,fridge freezer,microwave,kettle,
sofa,table, chairs and central heating with radiators via a boiler.)

Dogs can be kenneled on site while im here and occasional overnight stays are exceptable for
welfare and security reasons.

Council even put in for costs and that also go threw out

What a bunch of idiots how much did that cost council tax payers ?
« Last Edit: March 15, 2016, 09:56:47 pm by mart6 »

cloddopper

  • Joined Jun 2013
  • South Wales .Carmarthenshire. SA18
Re: Planning enforcement and planning appeals system under pressure
« Reply #8 on: March 15, 2016, 09:18:39 pm »
It's success stories like yours that I love to hear. 

 :idea: Did you get your costs reimbursed and any compensation ?  :innocent:


 I had an acquaintance in Lincolnshire who wanted to demolish a small tumble down 1740's hand made red brick derelict building that stood in to one side right at the front of his busy builders merchants cum haulage yard  it had last been used in the 1930's as a weigh bridge office . His reason for demolishing it also included the need to make a better access into his yard for the bigger 40 tonne articulated  lorries that were being allowed into the UK from Europe .

He'd bricked up the windows & door years previously to stop it being a magnet for kids , tramps & druggies etc.

 The council said , " No " , he appealed . They said " No" , so he then said , " I'll go to the hight court and am willing to spend £ 160 K doing it " .
Unknown to the council people he had recorded everything on a very expensive high spec recorder . I think he then sent the head of planning & the councils chief exec officer a copy of the tape , which revealed the council officer saying,
 "  I don't care how much you are going to F'ing spend fighting my decision , I'm king around here , I like the building , I'm going to go & get it listed & the council will fund everything ".

They pulled their horns in after that , told him via their solicitors dept. that on reflection the planning committee had agreed that it was in order for him to demolish the " Dangerous derelict building "
« Last Edit: March 15, 2016, 09:38:43 pm by cloddopper »
Strong belief , triggers the mind to find the way ... Dyslexia just makes it that bit more amusing & interesting

mart6

  • Joined Sep 2014
  • Notts / Yorkshire border
Re: Planning enforcement and planning appeals system under pressure
« Reply #9 on: March 16, 2016, 07:55:24 pm »
Still deciding on possible legal action, i have proof the enforcement officer lied on more than one occasion
and during the appeal so the result should be in my favor.

But i am in process of applying for planning permission for a large barn.
Will see if they give me the run around again if they do then i will make appointment
with chief executive of council and lay cards on table.

My advise to anyone that gets a visit is record everything that is said and inform them
you are recording them and it may be used as evidence if needed.

I have been told that many lies from the head planner down even have emails as proof.

A unbelievable bunch of ----s

Can not wait to see this years summary of different council planning and enforcement win %s
previous worst i have seen was lost 64%, these clowns have only had two cases in last 3 years
both in same month and they lost both ...lol
Will be great reading  failed enforcement appeals 100%  lol
« Last Edit: March 16, 2016, 07:57:11 pm by mart6 »

 

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