Urgent Legal opinion needed

Discussion in 'Off-Topic Discussion' started by Palustris, Nov 18, 2013.

  1. Palustris

    Palustris Total Gardener

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    When the Chicken Farm along our lane was given Planning consent, one of the conditions was that the Lorries had to approach from one particular direction.
    Today we have photographed them using the 'wrong' end of the lane.
    Question Is there a time limit on Consent conditions. ie Do they stop being operative after 15 years?
    Question. With whom do we get in touch at the Council to get clarification.?
    Did stop one of the drivers and told him of the conditions. The Farm has new owners, no idea who they are or where they are.
    Thanks.
     
  2. Loofah

    Loofah Admin Staff Member

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    Contact the planning dept. No time limit on conditions unless specified in the conditions.
     
    • Agree Agree x 1
    • Informative Informative x 1
    • Palustris

      Palustris Total Gardener

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      Thank-you.
      Will ring the Planning Dept tomorrow, no point on a Monday!!!!!!!!
       
    • Ellen

      Ellen Total Gardener

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      If they're new owners they might not be aware of that particular condition? But saying that, drivers who worked for the old owners would do and maybe they're deliberately not telling the new owners because it might be easier for them to go the other way, which isn't ideal for you guys
       
    • shiney

      shiney President, Grumpy Old Men's Club Staff Member

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      I agree with Loofah. :blue thumb:

      You shouldn't have too much problem with Planning unless they can't find the Consent. Then it becomes a different argument.
       
    • Scrungee

      Scrungee Well known for it

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      Does your local authority have details of planning applications available to view online? It might assist if you can locate a copy of the consent with that condition before speaking to the planners.
       
    • Palustris

      Palustris Total Gardener

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      Not that we can find.
      Another one has just gone past too. I will park my car outside, that stops all commercial vehicles without my leaving my own land. The road is too narrow unless they go on the verge.
       
    • Ellen

      Ellen Total Gardener

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      They should be archived on the council website. I've found ones going back a few years on our council's site. Hopefully yours will have a similar archive :)
       
    • shiney

      shiney President, Grumpy Old Men's Club Staff Member

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      They should have the Consent archived, it may not be accessible through their website if it's old. It may still be in paper form and stored away.

      As long as you are allowed to park outside your house there shouldn't be any problem. It may be a way of getting across to them that they are in contravention of planning restraints.
       
    • Scrungee

      Scrungee Well known for it

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      If the permission isn't on their GIS then somebody may need to look on one of their old 'plotting sheets', paper maps with all the application numbers relating to individual properties handwritten on it. These used to get microfiched, but have now probably been digitised. The planners will should have a copy of every permission ever granted in one form or another.
       
    • Palustris

      Palustris Total Gardener

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      We now find out that the Council did not write the restriction into the original permission, even though it was their stipulation. There is nothing we can do about it.
      B.......s!
       
    • Ellen

      Ellen Total Gardener

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      Oh no! :( so sorry to hear this :(
       
    • Scrungee

      Scrungee Well known for it

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      Which 'Council' stipulated it - was it a recommendation of the County Council in their capacity as Highways consultee, or your District/Borough/Etc., Council who granted the permission and either stated in their report that such a condition was necessary, or ignored County's recommendation?

      The former may have been strong grounds for Maladministration, but I suspect you're out of time to complain after 15 years, but still check. I always follow these recommendations up if they don't get into the planner's reports, plus contact Highways consultees (and others) direct during the application process if required.



      P.S. Mrs Scrungee & I both studied Planning at Uni, her perhaps in more depth than I, but I spent many years as Parish Councillor responsible for planning. We also jointly defeated a local planning appeal prepared by one of her professors acting as consultant for the applicant.
       
    • Palustris

      Palustris Total Gardener

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      We have a copy now of the original Planning consent and while there is a stipulation about time there is none of preferred route, which is what we were led to believe was included.
      Thanks for trying.
       
    • pamsdish

      pamsdish Total Gardener

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      Buy an old scrapper, sorn it , park it on your land. If it blocks the road.
       
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