Jim Lynn opened the meeting and welcomed everyone. He said he appreciated that it was a very hot day and was glad to see so many new faces. He expressed his gratitude to Epping Forest Council for hosting the event and thanked everyone involved in making the day possible.

John de Wilton-Preston welcomed everyone to the meeting and quickly dispelled the myths about Chigwell's affordable housing starting at £2 million! He explained that he worked as an Enforcement Officer when the Council only employed one officer. He was pleased to say that Epping now had six officers illustrating that the role of the Enforcement Officer was now recognised as being important. Thus the regular SEOG meetings were valuable to officers.

John de Wilton- Preston talked briefly about each speaker who would be making a presentation during the day.

John de Wilton-Preston closed his welcome speech by saying that enforcement officers were sometimes regarded as the 'poor relations'. He thanked all enforcement officers on behalf of all Heads of Service and said he felt that they were unsung heroes.

Linda Russell gave a presentation on planning conditions. She discussed section 72 and the power to add conditions to planning applications. She added that it was important that the applicant had control of the land to enable a Local Authority to add conditions to the application. She gave an example where a condition of no parking on the highway was imposed on a permission relating to a car repairs company. The challenge was unsuccessful as it was held that although they didn't have control over the highway, they did have control over where they parked their cars.

In discussing the issue of when a permission is implemented, Linda explained that she had just been passed by Bob Moon, a report of a case suggesting that any deviation from the approved plans, however minor, would mean that the permission in question had not been implemented, and the development was unlawful. Linda promised to look into it and comment.

Linda discussed the various types of conditions which could be added to applications. She talked about Grampian conditions which were extremely useful. She explained that these conditions were worded in a 'negative' way. For example, 'the works can not go ahead unless a roundabout is put in.' She also spoke about occupancy conditions and retrospective permissions.

Linda commented on circular 11/95 and discussed the tests laid down regarding conditions placed on applications. They should be relevant to planning, relate to the developer, be reasonable in all aspects, be precise, enforceable and necessary. She added that there must also be a statement of reasons as to why the conditions had been imposed. A current case was discussed.

Linda spoke about conditions precedent and related the case R (Hart Aggregates) v Hartlepool BC 2005. She also explained the difference between breaches of minor and major conditions. She finished her presentation by discussing s106 and s73.

Members of the group discussed deviation from conditions, interpretation of conditions (the grammar used), and conditions precedent.

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Jim thanked Linda for attending.

Note: At the meeting Linda was approached by a recently appointed officer enquiring about the two day training course for new enforcement officers. Linda is hoping to run the course within the next few months if a sufficient number of delegates wish to attend. Would anybody interested please contact Linda direct on 01206 766333 or e-mail her at info@lindasrussell.co.uk

Judge Fordham began his presentation by explaining he would be talking on a personal level and not on behalf of the Commission, and apologised for his limited knowledge on planning law.

Judge Fordham began by talking about the introduction of RIPA and the Human Rights Act post 1992. He discussed a case where an individual's house was bugged and the case was taken to the European Court of Human Rights. Despite the individual having carried out a crime, he won compensation because the evidence was not admissible.

Judge Fordham talked about the legal framework of RIPA and the Human Rights Act 1998, particularly Article 8 - 'everyone has the right to respect for his private and family life, his home and his correspondence.' He added that section 6 (1) states that a Local Authority can not do anything which is incompatible with Human Rights. He also discussed various cases which illustrated violation of Article 8.

Judge Fordham explained that an action by the Local Authority wasn't necessarily unlawful just because RIPA authorisation hadn't been sought. He compared RIPA with an insurance policy and the premium was the time and paperwork involved. He also talked about vulnerable authorisations.

Members of the group discussed the definition of 'private life' and whether any surveillance would intrude on other people's private life.

Jim Lynn thanked Judge Fordham for attending and presented a bouquet of flowers for his wife.

=> Notes/presentations associated with this topic maybe available [>>]

LUNCH

GENERAL

Jim Lynn discussed various questions that had been raised by members of the group and suggested that the notice board on the web site be used to share ideas. Jim also mentioned that the web site had been vastly improved since Paul had taken over and thanked him for all his hard work.

Rob Duff began his presentation by explaining that he was a private consultant and had been involved with local authorities and the use of stop notices.

Rob discussed why Temporary Stop Notices (TSN) were introduced and explained that they had to be served on land and not an individual. He described various definitions of TSNs and the ambiguity of these. He also talked about compelling public interest and that there was not a definition in the Act or the circular.

Rob spoke about how to serve a TSN, details to be included in the notice and what happens after serving it. He also discussed the risks involved in this action and various example cases.

He concluded that TSNs were not a useful tool to stop travellers but to leave it to the courts. However, if serving TSNs, Rob advised to work closely with the legal team and make sure that procedures and delegations were firmly in place.

Members of the group discussed TSN issues including the time periods of TSNs.

Jim thanked Rob for attending.

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Stephen began his presentation by explaining that he used to work in Local Authority but now works in the private sector. He has had personal experience with gypsies in his career from his first public enquiry to his first High Court appearance.

Stephen talked about the history of gypsies and various comments made by different MPs since the 1960s. He added that circular 01/2006 was published in February 2006 stating that authorities needed more sites, more enforcement powers and more guidance. It was comprehensive with several appendices.

Stephen discussed the nine stated intentions of the circular and gypsy and traveller accommodation assessments (GTAAs). He also talked about recent case law and whether circular 01/2006 can deliver.

Stephen can be contacted on s.bate@rdc-landplan.co.uk or 01529 421646.

Members of the group discussed the implications of the circular

=> Notes/presentations associated with this topic maybe available [>>]

Bob Moon thanked Stephen for attending and suggested that if anyone had any questions or comments to post them on the website. Bob gave Jim's apologies for not being present at the end of the meeting but he had to attend to his wife who was in hospital. Everyone wished her well.

Bob Moon thanked the speakers who had kindly given up their time and to everyone for supporting the meeting. . He added that sponsors are still needed particularly for March next year and urged volunteers to contact him.

Bob thanked everyone for attending and for making the day a success.

NEXT MEETING Friday 1 December 2006 - VENUE: Metropolitan Police Sports Club, Bushey, Herts, sponsored by HUNTINDONSHIRE DISTRICT COUNCIL.

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DONATIONS - LETTERS OF THANKS

>>> "Pat Seager" 09/21/06 3:02 pm >>>

Dear Mr Lynn

May I take this opportunity to thank you and all the members of SEOG for their most kind donation of £330 towards my Charity fundraising.

My charitable fundraising efforts this year are aimed at raising money for Home Start Epping Forest, AIM (Action in Mental Health) and Epping Neighbourhood First Responders. I am sure you will agree that these are very much needed and worthy local causes.

Please pass on my sincere thank to everyone involved with the group and I wish you and the group well for the future.

Councillor Ann Haigh
Chairman of Epping Forest District Council

- "Lawful Conditions”

- "To stop or not to stop – The use of temporary stop notices"

ROB DUFF Btp MRTPI - Pegasus Planning Group 2 - 10 Kings Parade Mews Clifton Bristol BS8 2RE
Email: rob.duff@ppg-llp.co.uk DD: 0117 9464712 - Fax: 0117 9730020