Southern Enforcement Officer Group


?? Your Questions ??

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Page Updated: 12 August, 2003

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NEW MESSAGE BOARD

Post your own questions
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Note from Webmaster: 12 August 2003

In my quest to continue to improve this web resource for SEOG Members I have setup a simple external message board to enable members to POST their own messages and reply to postings. This will allow me to concentrate on improving other areas of the site.

Please remember this can be viewed by the public and is only a temporary measure until I can setup our own one.

 

 

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ARCHIVED QUESTIONS

The Following Postings will remain on this page but no new ones will be posted here.

SEOG Webmaster 12 Aug'03

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Want to ask a question? { webmaster@seog.e-planning.co.uk } ..
   
Formulate your question and Email it to the Webmaster. _
 
........................................What are members saying about the service! .......................................

A very good and quick service thank you. - Henry Venners, Senior Planning Enforcement Officer, South Oxfordshire District Council_

 

NOTE IF REPLYING TO A QUESTION DIRECT, IT WOULD BE USEFUL SEND A COPY TO THE WEBMASTER TO POST FOR ALL TO SEE

 

Peter Lowe from Three Rivers asks:
Enforcement Concordat

Does anyone know of the above and where I can find further details.

Richard Stevens - Enforcement Officer Three Rivers DC Herts

Email - Peter.Lowe@ThreeRivers.gov.uk Tel: not supplied
Rcvd 05Aug
Posted - 11Aug 2003
Tracey Francis from Chiltern DC asks:
Difficulty serving an Enforcement Notice

Chiltern DC have issued an enforcement notice against use of a agricultural land for various commercial uses such as haulage yard, storage of removal vans, storage of containers and vehicles etc. and are currently attempting service. We have been able to serve the notice on one of the joint owners and have addresses off site for some of the other occupiers. However, there are a number of unidentified occupiers who need to know about the notice . Normally the Council's Solicitor would arrange for copies to be posted at the entrances to the site and delivered by hand to anyone present on site, but.....this site is on the Council's 'dangerous' list, officers have been advised by the police not to go onto the site (indeed the police are extremely reluctant to accompany officers to the site - only giving us emergency numbers should we need to contact them when we are on site). The joint owner with whom we are in contact is alleging that to serve the notices on site would put her and her family's life in danger. She has not been specific and we are taking this with a pinch of salt but I cannot get onto the land to serve. The one notice that was fixed to a rear entrance was returned unopened to the Council Offices within half an hour. Has anyone successfully argued at an appeal that service can be effected by press advert, as for Article 4 directions etc. There doesn't seem to be any specific power or any case law on it, but officers can't risk the notice being appealed for non service resulting in prejudice, nor can we let people get away with breaches just because they are thugs!!

Can anyone help? ......................................................Tracey Francis Principal Planning Officer - Enforcement (tel: 01494 732160)

Email - tfrancis@chiltern.gov.uk Tel: 01494 732160
Rcvd 05Aug
Posted - 11Aug 2003
Hannah Ratcliffe from Hillingdon asks:
PCN's - Standard Questions

"Does anyone have a list of standard questions asked in PCNs, that they would be willing to share? Currently, looking at steamlining our systems."

Email - hratcliffe@hillingdon.gov.uk Tel: not supplied
Rcvd 28 Jul
Posted - 31Jul 2003
David Bloom from The Royal Borough of Kensington and Chelsea asks:
Replacement buildings

I am looking for clarification on Class A of the GPDO in particular the enlargement, improvement or other alteration of a dwellinghouse. Planning permission was granted in 1990 to erect a small water tank room on the roof of a Mews property. The property is a single dwelling house and located within a Conservation area. The room was predominantly made of glass, timber framed and had a brick base (if its of any consequence). However, this room has subquently been demolished and a brick building replaced it in 2002. (building is stock brick with 4 upvc windows installed). The height and shape of the building has not changed, only the materials used to build the structure. Does this amount to permitted development under class A even though it was an extention in 1990 to the original dwelling house? Yours confused. D J Bloom

 

Email - David.Bloom@rbkc.gov.uk Tel: not supplied
Rcvd 18 Jul
Posted - 22Jul 2003
Shona Archer from Portsmouth City Council asks:
Houses in Multiple Occupation

I am in the process of setting up a Protocol for consultation between Planning Enforcement and Environmental Health relating to Houses in Multiple Occupation. Monthly case conferences, joint site visits and consultion on cases where there is common ground are suggested. Does anyone have any experience of this and if so, would you be prepared to forward a copy of your scheme to help Portsmouth set up something similar.

 

Email - shona.archer@portsmouthcc.gov.uk Tel: not supplied
Rcvd 14 Jul
Posted - 22Jul 2003
Phil Sheridan from Bromley asks:
Planning Application Forms

In order to assist in redesigning our current application form to try to make it more customer friendly I would be grateful for a copy of the forms used by other Authorities. That is provided you don't mind a little plagiarism and you can stand the cost of the postage!

Please send to Phil Sheridan, Planning Investigations,Bromley Civic Centre, Stockwell Close, Bromley, Kent, BR1 3UH. Thanks

 

Email - phil.sheridan@bromley.gov.uk Tel: not supplied
Rcvd 9 Jul
Posted - 13Jul 2003
Steve Evett from South End asks:
Ad Vans

Can any one help me. We have had a number of local companies using the purpose built advertising vans throughout the town recently. I understand that Westminster requires them to be licenced but has any one taken a succesful prosecution against individual operators or advertisers. If so can they please let me have some details. Thanks

Email - SteveEvett@southend.gov.uk Tel: not supplied
Rcvd 7 Jul
Posted - 13Jul 2003
Kelly Turner from South Northhants asks:
Advertisements displayed on a vehicle

The Advertisement Regulations clearly specify that there are 10 different classes of advertisement which are completely excluded from the planning authority's control. Class C - advertisements displayed on or in any vehicle. My Council is experiencing considerable problems from one particular individual who is taking advantage of the above exclusion. Readers may have seen a very large trailer body strategically placed on farmland but immediately adjacent to a principal traffic route. The trailer body bears the sign Northamptonshire Homes etc. etc. I myself have seen an identical trailer bearing a similar advert for "Warwickshire Homes" and "Oxfordshire Homes". My Council have mounted prosecution proceedings to which a "not guilty" plea has been lodged. The "operator" claims that the adverts are excluded from control. Have any Authorities had experience with this particular company or anything similar? Has a successful prosecution been mounted?

Help required please.

Email - kelly.turner@southnorthants.gov.uk Tel: not supplied
Rcvd 4 Jul
Posted - 5Jul 2003
Tom Wenbourne from Dartford Council asks:
Mobile Phone Mast - Permitted Development

I am having problems with a temporary mobile phone mast that has been erected in the borough. The phone operating company are claiming they have P.D rights for its erection for 28 days under Class B, Part 4, Schedule 2 of GPDO 1995 (Temporary Buildings and Uses). They say that they have done this before elsewhere and have never had an objection to it. They also state they have caselaw to substantiate their claim, which they are forwarding to me. I was just wondering if anyone else had come across this arguement before? And if you would accept what they are claiming? If so, what is to stop them putting up temporary masts all over the place? .

Any information would be gratefully received.

Email - tom.wenbourne@dartford.gov.uk Tel: not supplied

Rcvd 2 Jul

Posted - 5Jul 2003
Kelly Turner from South Northhants asks:
Advertisements displayed on a vehicle

The Advertisement Regulations clearly specify that there are 10 different classes of advertisement which are completely excluded from the planning authority's control. Class C - advertisements displayed on or in any vehicle. My Council is experiencing considerable problems from one particular individual who is taking advantage of the above exclusion. Readers may have seen a very large trailer body strategically placed on farmland but immediately adjacent to a principal traffic route. The trailer body bears the sign Northamptonshire Homes etc. etc. I myself have seen an identical trailer bearing a similar advert for "Warwickshire Homes" and "Oxfordshire Homes". My Council have mounted prosecution proceedings to which a "not guilty" plea has been lodged. The "operator" claims that the adverts are excluded from control. Have any Authorities had experience with this particular company or anything similar? Has a successful prosecution been mounted?

Help required please.

Email - kelly.turner@southnorthants.gov.uk Tel: not supplied
Rcvd 4 Jul
Posted - 5Jul 2003
Mick Thompson from Crawley Borough Council asks:
Caravans & 10 year rule

I would be grateful if any members could direct me to any recent LDC cases regarding the occupation of caravans 10 year rule. An agent is trying to claim that the occupation of two separate caravans on the same planning unit amounts to the use becoming lawful through the lapse of time.

If you can be of any assistance please contact:

Mick Thompson Senior Planning Enforcement Officer, Crawley Borough Council

Email - Mick.Thompson@crawley.gov.uk Tel: 01293-438513

Posted 20Jun 2003

Mark Turner from Slough Borough Council asks:
Previous Convictions

Mark is in the middle of prosecuting KingsOak developers for advertising issues in the Slough area. Their legal team have asked him to dig around and find out if there are any other convictions against KingsOak for similar offences. As you know the chance of one authority being aware of previous convictions in another authorities area are slim.

If you can be of any assistance please contact:

Mark Turner, Enforcement Officer (Planning Department), Slough Borough Council

Email - mark.turner@slough.gov.uk Tel: 01753 875621

Posted 15Jun 2003

Robert Moon from Epping Forest asks:
Late Submission of appellents pre inquiry statement and/or proof of evidence

Under the new rules for enforcement appeals, has anyone any knowledge of an Inquiry where the appellents pre inquiry statement and/or proof of evidence was submitted late, and the evidence was excluded by the Inspector. -

Mr R Moon Senior Enforcement Officer Epping Forest District Council.

Email - rmoon@eppingforestdc.gov.uk Tel: 01992 564108

Posted 15 May 2003

Richard North from St Albans asks:
Customer Survey

As the result of a best value report, we are being asked to create a 'Customer Survey' from which we will be generating Performance Indicators. Has anyone created or had compiled such a survey? If so, we would appreciate a sight of the questions that were asked. Additionally, we would also like a sight of any 'Performance Indicators' relating to planning enforcement that may be in use. - Richard North - Planning Enforcement Officer - St Albans - Herts. .

Email - R.North@stalbans.gov.uk  

Posted 7 May 2003

Derek Penfold from West Sussex asks:
Freedom of Information Act

Re the above Act, is there any chance of this being the subject of some input by an "Expert" at a future SEOG meeting.

I know the Act does not come in 'til 2005, however this Council has already "signed up" to it and is operating same. We have been told that means that Investigation/Enforcement files are open to public inspection, and surprise surprise, we have just had a request from an agent to inspect our files for a particular site. I am aware that we can with-hold information identiying third parties, and confidential legal advice, however it means that I think we may have major problems in our line of work. Do you know if any other Council has already adopted the Act and whether or not they have any instruction/policy?

Derek Penfold -West Sussex County Council - Minerals & Waste Planning Enforcement

Email - Derek.Penfold@westsussex.gov.uk  
Posted 7 May 2003
 
........................................What are members saying about the service! ...................................................

A very good and quick service thank you. - Henry Venners, Senior Planning Enforcement Officer, South Oxfordshire District Council

 
Glen More from Barnet asks:

Best Value in Planning Enforcement

Has any authority recently undergone a Best Value Review in which it's Planning Enforcement function was praised by the Inspector, and received a good result?

Posted 27 Mar 2003

Email - Glen.More@barnet.gov.uk

 

Tandrige District Council asks:

Does anyone have any detail of Record of Enforcement (legal) either upgrading or new systems/procedures of recording.

Posted 18 Mar 2003

Email - bsargent@:tandridge.gov.uk

 

Colin Savil from Chelmsford Borough Council asks:

Does anyone have any experience of direct action or compulsorary purchase as an alternative or in addition to Injunction/committal proceedings when dealing with un-authorised Gypsy sites? (Post HRA of course!)

Posted 03 Mar 2003

Email - colin.savill@chelmsfordbc.gov.uk

 

Tom Shields from Kettering Borough Council asks:

Have you had any experience of issuing enforcement notices on Highways Authorities?

If any SEOG members have any knowledge or experience of issuing enforcement notices on Highways Authorities I would be grateful if they would contact me.

Details below.

The occupiers of a house are using all of their curtilage land, and the layby next to their house, for operating a vehicle hire business (limousines) - the layby is permanently occupied by their hire-vehicles and permanently prevents any public access. The Highways Authority are unwilling to take action under the Highways Act for obstruction, and despite the HA agreeing that the layby forms part of the adopted highway, they claim that they are not 'landowners' of the highway. I am preparing an Enforcement Notice for the unauthorised change of use and need to include the layby as part of the 'land affected'. My solicitor has advised that we should serve a copy of the notice on the Highways Authority as one of the landowners - the Highways Authority have stated they will resist either by JR and/or appealing against the Notice. Any advice welcome!

CONTACT: Tom Shields Enforcement Officer Kettering Borough Council Tel: 01536 534297 Fax: 01536 534279

Email - tomshields@kettering.gov.uk }

Posted 25 Feb 2003

RESPONSE: Tue, February 25, 2003

Tom, I believe that Julian Dawson of Braintree D.C. has either dealt with such a matter as you report, or in his capacity as Chair of the Essex Enf. group will be able to assist. I have a recollection of attending an Essex group meeting some time last year when this type of problem was discussed. I recall a representative of one of the participating authorities remarking on a Highways Act remedy for such as the sale of motor vehicles from the public highway. Julian can be contacted on 01376 552525. I hope the above is of some assistance to you.

Jim Lynn

 

Jim Lynn { jim.lynn@surreyheath.gov.uk } from Surrey Heath asks ...

Is your L.A. publishing information about breaches of planning control direct to the public?

Are there any Planning Authorities out there currently publishing or seeking to publish details of alleged breaches of planning control i.e. detail of complaints subject to investigation, direct to the public through a website or other means?

Posted 20 Sep 2002

Nancy Astley{ nancy.astley@brighton-hove.gov.uk } from Brighton & Hove asks ...

Enforcement as Business Units!

I've been asked by my local authority to investigate the possibility of establishing the enforcement team as a separate business unit with some kind of service level agreement tc provide a service directly to the development control section.

I'm writing to you to ask for your and SEOG's help as I've no idea where to start.

What I would like to do is find out if any other local authorities have done anything similar. So therefore with your and Jim's extensive knowledge of the local authorities in the south (creep, creep), could you let me know if there are any of these enforcement business units out there and where I can find them.

Any help gratefully received and in return I'll persuade the powers to be to let SEOG host an enforcement meeting at Hove Town Hall.

Posted 20 Sep 2002

 

Want to ask a question? { webmaster@seog.e-planning.co.uk } ..

 

Formulate your question and Email it to the Webmaster. ____________________________. Email the Webmaster

 

Melanie Mutch { mmutch@oxford.gov.uk } from Oxford asks whether...

adding earthworks to flatten a site should be included in domestic PD calculations. ................click to go to question and photo  

Posted 2002 ????????

 

 

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Page Updated: 12 August, 2003


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