OPENING ADDRESS given by STEVE CARVELL –
Head of Development and Building Control, Chichester District Council.

LINDA RUSSELL – (Solicitor) – ‘Enforcement Notices and their Content.’ '

TAN IKRAM – (Solicitor/Advocate and Deputy District Judge) –
‘An ABC Guide on Hearsay and Bad Character in the Magistrates Court.’

In response to an invitation from the Chair, Tan began his presentation by again referring to the matter of covert observations/enquiries as controlled under R.I.P.A. He explained that R.I.P.A. authorisation must be sought when undertaking enquiries as prescribed by the legislation. He stated that after due consideration, he felt that no distinction should be drawn between residential or non-residential premises in that information relating to a person(s) private life was likely to be gained.

Tan informed the group that there had been various reforms in the legal system over the past year. One of these was access to information about previous convictions. In particular, if a previous conviction is of the type being heard in the court or whereby an inference that a defendant or witness may have a propensity not to tell the truth, the court is now entitled to listen to detail of previous convictions. In reality, it would be unlikely that there would be a previous planning conviction. However, if there was a previous fraud/deception conviction, the inference may be drawn that the defendant had a propensity not tell the truth and could therefore be a material consideration in court proceedings. Tan also made it clear that similarly, in appropriate circumstances, previous criminal history of a witness could be brought to the attention of the court.

Tan discussed the importance of recording the primary disclosure schedule. Even if any investigative work produces a nil result, this should be recorded and filed. If there was no primary disclosure material, bad character information cannot be relied upon.

Tan informed the group about other reforms including the fact that courts now have the discretion to include ‘hearsay’ evidence and therefore, memory refreshing documents ( pocket book entries, statements etc ) may readily be used.

Tan discussed various topics with the audience including the importance of recording detail, including verbal abuse, in reports/statements and the advantages gained by Local Authorities in maintaining a central database recording convictions for breaches of planning control. (Such a data base exists for offences against Advertisement control)

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Jim expressed sincere thanks to Tan for once again speaking to the Group and for giving both an informative and highly entertaining presentation. Jim wished the audience to know that, in order for Tan to fulfil his commitment to appear at the meeting, he had been forced to make significant alterations to his diary culminating in his immediate departure to appear later in the day at Leeds Crown Court.

David began his presentation by informing the group that he had several years of experience as a Solicitor engaged in Town Planning work - having represented both Local Authorities and private individuals. David discussed the importance of trees to the environment and talked about the difficulties which may arise when deciding upon the ownership of tree(s). For example if a tree straddles a boundary, it may well involve a matter of joint ownership with the resultant need to notify ALL interested parties. He also spoke about ‘the problem tree’, for example the encroachment of roots into neighbouring properties, the ‘hazardous tree’ whereby circumstances of danger to the public or third party property is acknowledged.

David talked about Tree Preservation Orders (TPO), the making of the orders, their effect, exemptions to and penalties that may be incurred for undertaking unauthorised works. He added that every tree in a conservation area is subject to control i.e. requiring six(6) weeks prior notice to the Local Planning Authority of the intention to carry out works to the tree(s). Finally, David spoke on the subject of high hedges in relation to the Anti Social Behaviour Act 2003 and asked the audience of any practical examples of involvement in the new procedure.

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Jim thanked David for giving an informative and interesting presentation.

Jenifer gave an excellent presentation relating to the impact of shop front development within Chichester town centre. She explained that it was essential for shop and business owners/proprietors to be made aware of design criteria considered appropriate for inner town locations. This requirement was fundamental when dealing with premises situated within an area of recognised historical or architectural importance.

Jenifer spoke at length about the various facets of a typical historic shop front, highlighting features of design detail/colour. She went onto discuss the type of problems that may arise when dealing with issues, such as, various forms of advertisement signage, installation and positioning of alarms/security blinds/cameras etc. Jenifer concluded her lecture by highlighting the difficulties that arise when retailers wish to use ‘corporate colours’ in order to readily identify their premises. In such circumstances it is preferable to pursue a reasoned approach prior to the works taking place

Jim thanked Jenny for attending.

Jim thanked Jenifer for a most informative presentation, notes of which will be attached to the minutes.

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CLOSE OF MEETING

Police Sports Centre Bushey, Herts

Hosted by

St.Albans District Council

- "Enforcement Notices and their Content "

- "Trees and the Law."