Highway for the purpose of Permitted development Right

Re: Highway for the purpose of Permitted development Right

Postby SwitchRich » Fri Dec 16, 2016 10:34 am

nothingtodowithme wrote:
SwitchRich wrote:Would you be willing to send any pictures of your development?
Very interesting thread! Good luck and please keep us updated :)



would you be willing to admit you are arborlad or his sock puppet?
:mrgreen:


Here is my response to that rather random comment??

https://www.askideas.com/media/46/They- ... -Photo.jpg
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Re: Highway for the purpose of Permitted development Right

Postby the_one_loft » Wed Dec 21, 2016 9:38 am

Just a quick word to say thanks to all of you. I have submitted the appeal today.
Shall keep you posted with the progress.
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Re: Highway for the purpose of Permitted development Right

Postby SwitchRich » Wed Dec 21, 2016 9:59 am

Good for you! Good luck with your appeal and look forward to the update :)
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Re: Highway for the purpose of Permitted development Right

Postby the_one_loft » Mon Feb 13, 2017 4:45 pm

Appealed back in the December and the appeal hasn't even been validated yet.
called the appeal office today and i am told it could still take a few weeks to validate the appeal due to long delays!

It feels like this is going to take a few years..
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Re: Highway for the purpose of Permitted development Right

Postby SwitchRich » Thu Feb 16, 2017 1:56 pm

Thanks for keeping us updated! :)
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Re: Highway for the purpose of Permitted development Right

Postby the_one_loft » Thu Mar 30, 2017 2:22 pm

Update - After a wait of three months - finally received the email that the appeal has been validated.
The process of defending my kids' room begins!
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Re: Highway for the purpose of Permitted development Right

Postby the_one_loft » Mon May 08, 2017 12:50 pm

Hello Folks, Bit of an update on my side -
The enforcement officer has submitted their questionnaire as part of the appeal process and I have submitted appeal statement.

Comments on each other's statements are due by 29th May.
Please message me if you would like to see copy of the appeal statement.
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Re: Highway for the purpose of Permitted development Right

Postby SwitchRich » Mon May 15, 2017 2:05 pm

Good luck! Could you post the appeal statement on here?
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Re: Highway for the purpose of Permitted development Right

Postby the_one_loft » Tue May 16, 2017 11:17 am

SwitchRich wrote:Good luck! Could you post the appeal statement on here?

I tried but PDF extension is not allowed in attachments..
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Re: Highway for the purpose of Permitted development Right

Postby the_one_loft » Thu Jun 01, 2017 6:27 pm

Aah the irony, council filled up a questionnaire as part of the appeal process. There is a question, any public right of ways affected by this appeal and they have provided response from highway department that Jamestown way is not a public right of way!!

I am now wondering whether I should make an application for the costs or go easy on council's mediocrity..
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Re: Highway for the purpose of Permitted development Right

Postby the_one_loft » Thu Aug 24, 2017 11:16 am

I have a happy news to share.
The Planning Inspectorate has quashed the enforcement order.

It has categorically found that Jamestown way is not a public right of way and therefore not a highway under the GPDO.
As a cherry on the cake, Tower Hamlets authority has also been asked to pay costs of appeal.

My heartfelt thanks for the board members for their invaluable advice and words of courage.

Special thanks to PILMAN, without your support, this victory would not have been possible.
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Re: Highway for the purpose of Permitted development Right

Postby ukmicky » Fri Aug 25, 2017 2:00 am

the_one_loft wrote:I have a happy news to share.
The Planning Inspectorate has quashed the enforcement order.

It has categorically found that Jamestown way is not a public right of way and therefore not a highway under the GPDO.
As a cherry on the cake, Tower Hamlets authority has also been asked to pay costs of appeal.

My heartfelt thanks for the board members for their invaluable advice and words of courage.

Special thanks to PILMAN, without your support, this victory would not have been possible.

Nice
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Highway for the purpose of Permitted development Right

Postby the_one_loft » Tue Aug 29, 2017 2:44 pm

ukmicky wrote:
the_one_loft wrote:I have a happy news to share.
The Planning Inspectorate has quashed the enforcement order.

It has categorically found that Jamestown way is not a public right of way and therefore not a highway under the GPDO.
As a cherry on the cake, Tower Hamlets authority has also been asked to pay costs of appeal.

My heartfelt thanks for the board members for their invaluable advice and words of courage.

Special thanks to PILMAN, without your support, this victory would not have been possible.

Nice


Hi UKMicky, thanks for your inputs as well. Just for your reference, the appellate officer clearly distinguished between GPDO 1995 and 2015 and observed that post 2015 Highway definition was expanded to include private roads as well. Our case was an exception as the work had started before GPDO 2015 came in force.

In summary, in future, someone looking to build front dormer facing a private road will not benefit from permitted development as the definition of Highway has expanded.
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