| 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
|
|
|
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
|
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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
????????
|