What is the legal definition in planning for residential use

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Re: What is the legal definition in planning for residential

Postby Problems » Mon Aug 31, 2015 6:31 pm

Hi
Inspector is due a site visit after final submissions, he will be able to wade through the preverble doo doo himself, shame he is not coming around Feb time will be @ 100 goats here then.
They are fully in season now Bucks smell to high heaven this time of year, they pee on themselves for scent you can smell them 100 feet away.
wait till they step inside stable and he is stood in pen bet they come out quick, if they get near him lol. :D

Just debating putting 2 - 30 foot storage containes on site for field shelters as they do not need planning, not sure if i should wait till after visit but i really need them asp
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Re: What is the legal definition in planning for residential

Postby Problems » Tue Sep 08, 2015 2:40 pm

Well my advise to anyone that gets a visit from your local council planning enforcement

Beaware they normaly come in pairs in my experience , so if your on your own becareful.
Do not answer anything untill you have a couple of witnesses and a tape recorder in your hand and inform them you will be redording events
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Re: What is the legal definition in planning for residential

Postby Problems » Fri Sep 18, 2015 2:04 am

Think i may of stumbled on why the council were so fast to use enforcement notice on the land at any opportunity

Previous owner applied for planning permission on the site in late 2003 for a 3 bed bungalow which was turned down. (No one mentioned that)
Strange it is not linked on previous planning on councils planning site portal ? i checked before purchase
Does not even show up on my application only the original stable application in 2000
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Re: What is the legal definition in planning for residential

Postby Roblewis » Fri Sep 18, 2015 9:28 am

Seems like the previous owner has been a little less than honest with you. But that should not give a LA the right to enforce with little grounds. It does however cause you issues with time barred enforcement. There is potentially a case for misrepresentation in the sale opening up if you can demonstrate it has caused loss of value.
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Re: What is the legal definition in planning for residential

Postby Problems » Fri Sep 18, 2015 10:06 am

Hi Roblewis
Planning was for new build on different part of the plot
Things are looking good on appeal Council tieing themselves up in knots, keep changing tale
Even from bungalow application its still 11+ years use so would qualify
Inspectors visit should be a blast
Be glad when it is all sorted and i can get back to running bis , you do not realise how much stress it causes till it happens to you
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Re: What is the legal definition in planning for residential

Postby Problems » Tue Sep 29, 2015 10:22 am

Well the LPA never submitted any Final Comments at all.

Just their initial statement claiming i admitted to both officers i bought the place to live there and convert to kennels and admitted living there three days a week and weekends. (Which never happened) No mention of the 6 acres or agricultural activities or the goats at all.
No sworn statements just what they claim was said, been a real eyeopener two council officers appear on site unannounced your alone.
They can say anything that suits them.

Went back on council planning site and they have added the planning officers comments about planning application (were not there when they refused planning were added a week later) You would think it was a different application.
Well its down to the inspectors visit now, another few months i expect.
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Re: What is the legal definition in planning for residential

Postby Problems » Tue Nov 17, 2015 8:32 pm

Beginning to understand why the country has a housing shortage if this is how long a appeal takes.
Appeal had to be in in 28 days that would of been 6th June, it went in a few days early.
Only to be told they were behind and it was not officially accepted till the 21st July.
All the correspondence was in for 22nd September and we still have not received a date for the visit.
Carnt see a decision before new year now

Worst bit is the only evidence the council have were photos taken at the visit which only showed how things were left by previous owners.
And claims i told them i bought it to live in and use as kennels , which is total bull - hit.
Enforcement officer claimed i said that to him and planning officer on visit, how can he make that statement claiming someone else heard it without even a signed statement to back it up.

Does this normally happen and will it hold water as i do not agree that was said and other evidence contradicts it
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Re: What is the legal definition in planning for residential

Postby COGGY » Wed Nov 18, 2015 12:51 pm

Have you thought of buying a small machine that would record what is said on the next visit? Not sure what they are called but my son had one which recorded his college lectures. It is small and fits into a pocket.
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Re: What is the legal definition in planning for residential

Postby Problems » Wed Nov 18, 2015 4:07 pm

Hi Coggy

Have done that since the first unexpected visit, if i had expected them i would of been prepared.
Been a real wake up call when they arrived on site with enforcement notice 8 months later i had one with me and never let the pla-ks in the gate.
Would advise anyone to have a witness or inform them you are recording everything before speaking to them.

Quite a bit more went off but will refrain from posting it till appeal is over.

I expected a few facts to be twisted or omitted but not blatant lies real wake up call
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Re: What is the legal definition in planning for residential

Postby arborlad » Wed Nov 18, 2015 5:49 pm

Problems wrote:Have seen that shipping containers do not need planning permission if they are for agricultral use is that correct
Was thinking of using a couple as field shelters and hay/feed store until my problems are sorted

Image



I don't think you're helping yourself by starting a new thread on this matter.
arborlad

smile...it confuses people
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Re: What is the legal definition in planning for residential

Postby jonahinoz » Wed Nov 18, 2015 9:34 pm

Previous owner applied for planning permission on the site in late 2003 for a 3 bed bungalow which was turned down. (No one mentioned that)

Hi Problems,

My understanding (which might apply in your case) is that if a Planning Application is withdrawn before going before the committee, there will be no record of it ... not PASSED, not REFUSED ...... NOTHING.

John W
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Re: What is the legal definition in planning for residential

Postby jonahinoz » Thu Nov 19, 2015 7:46 am

Hi,

I think it's unlikely that you are he first person to claim that inspectors have ... mixed up which statements were made on which visit (I'm being generous).

You'd think by this time, the officers would carry their own recorders ... and read you your rights.

Jon W
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Re: What is the legal definition in planning for residential

Postby Problems » Thu Nov 19, 2015 10:35 am

Yes i do not think people are as aware as they should be about their rights.you could refuse to comment and still end up in this position.
Councils whole case originally revolved around the furniture in the building and once they took the photos they thought they had the case sown up.
I even told them the address i live at and pay council tax and utilities at.
They said at time did not mater photos proved use at time.

When appeal went in and statements were provided by previous owners stating furniture was placed in building in 2003 by them and used by them till sale in 2013 and was left in building as part of sale. I continued same use till council visit in Sept 2014. Enforcement notice was served May 2015.

Their whole case sort of came apart hence the statement what they claim i said.
Quite a bit more to it but will wait till appeal end before posting.

I do not intend to leave the officers statement at that, think i may be able to prove something, have a letter sent by officer two days after the visit that does not mention what they now claim and is worded quite different, must of forgot he sent it ...lol

The missing planning application found it was turned down in 2003 after stable was built, the stable block has its own reference and classed as a separate parcel of land, adjoining field had application for bungalow ,but part over laped on the stable land but was referenced as a different parcel of land.
And does not come up on stable planning history

But they served the enforcement notice to cover both parcels of land
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Re: What is the legal definition in planning for residential

Postby Problems » Fri Dec 18, 2015 6:50 pm

Well finally got visit date 5/1/2016 D day, been trawling through planning site and found a few taking 11 months so should not complain
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Re: What is the legal definition in planning for residential

Postby Roblewis » Sat Dec 19, 2015 10:41 pm

Remember if they arrive in the same vehicles as the LA officers then you have a right to a verbatim transcript of all that has been said. Similarly ask the inspector if he has had any correspondence or other communication with the LA since the deadline date for evidence. Be all innocent looking :D as if it is idle chit chat. I know some LAs like to try and steal a march!!!!!
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