Anyone here ever received breach of condition - hours of working?

[u587162]

Has anyone here received a notice from the council for having worked outside the stated hours prescribed by the planning conditions?

If so, how is it handled by the council i.e. how many notices do they issue before they take action, what action can they take, do they need proof of the brief etc?

Thanks.

 

[^woody^]

Yes.

You get one notice. They have the proof already to serve the notice. Action is taken if you don't comply and remedy the breach within the stated timescales. Action is straight to the magistrates court.

 

[u587162]

Anyone want to try a realistic / truthful answer. Woody is in one of sarcastic moods.....again

 

[^woody^]

That's how it is, you asked, I told you. It's not my fault if you don't like the answer.

 

[angelboy]

They should try and communicate with you to see if you will comply with the notice. If you're a good boy then all is done. If you persist then they have to decide wether to expedite the enforcement notice further up the planning department hierarchy and then see how much evidence they have to present to the court in order to obtain an enforcement order. A notice and an order are very different. If you're constantly breaching the permitted hours and by a long way then that might give them sufficient evidence to try and obtain an order but if it's not significant then the judge will not look favourably on the council and the council would know that.

What exactly have you done?

 

[u587162]

Nothing significant. I have a difficult neighbour who wants me to put sound boards up to help reduce the noise of a kango when taking down an external wall.

My guys start at 8 but probably turn up before but neighbour probably doesn't like the fact the people do talk outside the house when they arrive. Similarly if they are tidying up at 5 but don't leave til 5.30/6pm, I get irritation from him.

I heard the council gives two warnings but what I don't understand (which is why I don't believe Woody's answer) is what evidence they have to take further action. But does it actually go to court?

 

[freddiemercurystwin]

I expect every authority is different as is every breach, the response you may (or may not) get from your LA will also be unique.

 

[^woody^]

I heard the council gives two warnings

Who did you hear that from a wrestler, and why do you think that is correct?

"WARNING THIS NOTICE TAKES EFFECT IMMEDIATELY IT IS SERVED ON YOU IN PERSON, OR ON THE DAY YOU RECEIVED IT BY POST.
THERE IS NO RIGHT OF APPEAL TO THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT AGAINST THIS NOTICE.

It is an offence to contravene the requirements in paragraph 5 of this notice after the end of the compliance period. You will then be at risk of immediate prosecution in the Magistrates' Court, for which the maximum penalty is [standard level 4] for a first offence and for any subsequent offence."

 

[u587162]

Rubbish. Are you implying that after breaching the condition I am immediately sanctioned after the first notice?

Hertfordshire CC planning told me I get two warnings.

 

[u587162]

....and no, a wrestler didn't tell me. Superman did.

 

[angelboy]

I expect every authority is different as is every breach, the response you may (or may not) get from your LA will also be unique.

I think that would be a fair assumption.

 

[angelboy]

I heard the council gives two warnings

Who did you hear that from a wrestler, and why do you think that is correct?

"WARNING THIS NOTICE TAKES EFFECT IMMEDIATELY IT IS SERVED ON YOU IN PERSON, OR ON THE DAY YOU RECEIVED IT BY POST.
THERE IS NO RIGHT OF APPEAL TO THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT AGAINST THIS NOTICE.

It is an offence to contravene the requirements in paragraph 5 of this notice after the end of the compliance period. You will then be at risk of immediate prosecution in the Magistrates' Court, for which the maximum penalty is [standard level 4] for a first offence and for any subsequent offence."

What's on the notice and what the council actually decide to do will have many internal factors, again dependent on wether the chief planning officer decides theres enough merit to apply for an order.

I have this on first hand information from the head of enforcement at my LA. But like has been said, each council will respond differently and motion action differently.

 

[angelboy]

Rubbish. Are you implying that after breaching the condition I am immediately sanctioned after the first notice?

Hertfordshire CC planning told me I get two warnings.

They should visit the site and have a talk with you first. I doubt that an application for an enforcement order would be succeful if they didn't do this. The enforcement officer would talk you through the potential breach but to be served a notice they've probably already noted the breach without you knowing. They would never send a notice just based on a neighbors word. If they did they'd never be able to obtain an enforcement order down the line if they were to go for one.

 

[angelboy]

Does the notice give a timescale for you to contact them?

 

[^woody^]

Hertfordshire CC planning told me I get two warnings.

Well hasn't that answered your question. I didn't know the council responded on Sundays.

Anyway, the planners need to do all the background checks before they issue the Notice of Breach of Condition. The clue is in the title of the notice - the breach has occurred, and you are being notified.

It's a legal document under the TCPA, not a request, or a warning, but a notification of a breach of condition, and advising you how to remedy the breach.

I don't know what's going on at Herts council, but they must be referring to something else, with those warnings. I can't see how different authority's can enforce the TCPA differently either, when it's Statute and not optional or open to interpretation