Residential purposes

Here are the enforcement contitions

I've just noticed this,

Does this mean that a notice has been served? If so then it should state further details in terms of what they think is contravening planning policy.

You should then have something to go on to appeal the notice.

From the information here, I can't see how they can support their claim that residential use is established by way of a bed and bedding. Nor the other things as previously mentioned. Your use is more likely incidental use which would be permitted

The alledged breach of planning control
"Without planning permission, the unotherised change of use of stable block for residential use and kenneling"

Reasons for issuing notice
It appears to the council that the above breach of planning control has occured in the last 10 years

Policy CMS1 = Basicicly its outside planning area in green belt.

DM2 = Framework indicates that the conversion of modern purpose built agricultral buildings will not be supported (Dispite government policy to contary)(Its modern brick and tile built stables)

DM3 Indicates instances where general development in the countryside may be acceptable and mine meets none of the critera ( Never submitted bis plan ect)
 
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In which case no amount of phoning the council will do anything. You need to comply with the notice or appeal it to the Planning Inspectorate. No other options.
 
In which case no amount of phoning the council will do anything. You need to comply with the notice or appeal it to the Planning Inspectorate. No other options.
Going to appeal it think i have a good case
I do not live here,its not my residence , i do not sleep here ect
Did read somewhere(if i readit right) that Agricultral does not need planning permission for change of use if its tempory, not sure if thats just the land or land and buildings
 
I have already phoned 30 times noone is ever at desk you leave a message they do not ring back, wrote 12 letters , emailed 10 times asking that and other questions no reply at all.
In a case like this, don't phone - too hard to have an accurate record of who said what, so it's easy for them to tell you one thing seemingly officially and then deny that.
Don't use email anyway - too many don't arrive these days.

Send a letter by snail mail, and either hand deliver it with a witness, or have a witness to posting it in a Royal Mail post box*, or send it recorded delivery. That way, they have had it and cannot claim otherwise.

If they haven't already been clear, set out in your letter that they are unclear, set out that you've made many attempts to contact them but they've been evasive (ie make them look bad for refusing to communicate with them), and give them a reasonable time to respond (say 3 weeks).

If they are still vague, then write back immediately and say so - ask them specific questions (ie what specific activities do they claim are residential use). If you still don't get anywhere, then make an official complaint - not a phone call whinging, but a written official complaint that cannot be ignored - about the planning department's harassment and refusal to be clear about what they are harassing you about.
Not sure who that complaint goes to - but i suspect recorded delivery to the leader of the council would be a good place to start.

Oh yes, have you spoken to you local councillor ? Depending on the political makeup, and his affiliation, he/she may be looking for an opportunity to get his/her teeth into someone/thing.


* By law, if it's posted by Royal Mail then it's deemed delivered the next business day for 1st Class or within 3 business days for 2nd Class. All you need is proof of posting (hence the witness).
That's a useful bit of law to remember if anyone says "I didn't get it".
 
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Thanks Simon done a fair bit of the above
Like you say i think it will be in my favour that i tried to sort issues.
Read somewhere that they do not encourage council to be heavy handed or unreasonable with enforcement notices.

Quite like emails with this council you have to send any emails to customer services here is the reply

"Dear Mr -------,

I have again forwarded your email as requested.


Kind Regards
Wendy
Customer Services

Think that will be sufficient along with letters couple have been recorded delivery anyway.

Never seen anything like this last time i had probems like this(different council different problem} i had meeting with chief exec of council it soon got sorted.
But they chose to issue the enforcement notice so now i have to appeal, if not having what they call residential items or what they consider rubbish becomes a criminal offence ?
Place is really well kept everyone comments on that carnt help thinking some of this is just standard procedere.

I asked why they put the bit in about council policy does not support change of use from agricultral buildings to residential (Despite government policy saying the contary.)

I know its stables , they said its stables but i asked why did they use it in the enforcement notice ?)
Thier reply was its a standard letter .......

All looks very sloppy to me
 
Quite like emails with this council you have to send any emails to customer services here is the reply

"Dear Mr -------,

I have again forwarded your email as requested.


Kind Regards
Wendy
Customer Services

Think that will be sufficient along with letters couple have been recorded delivery anyway.
Well that is admission that "the council" received your email - whether it got to planning, and if it did whether it was ignored, then is not your problem.

Thier reply was its a standard letter .......
Which means you can respond along the lines of ...

From [conversation/letter] with [person] it now appears that the enforcement notice was a "standard letter" and therefore does not correctly describe any complaint you have with my use of the site. As has been previously stated, my use is completely within the uses permitted by law and the site classification.

Please therefore supply an accurate statement of your objections so that I may address these. I should not have to point out that should this go to appeal, the inspector will take a dim view of vague "standard letters" which do not give me the information required to address your concerns.

I will also be seeking to recover from the council my losses and costs incurred in defending this vexation action.

What they should then read between the lines is "you're a bunch of idiots, the inspector will wipe the floor with you - and it'll cost you as well".

AUIU they must have reasonable grounds that there is a breach of planning (which from your description there isn't). They must also act in the public interest - they don't have to take action on minor breaches that don't affect anyone (as yours don't).
Separate to planning, they have to bear in mind potential costs - so if they persist in pursuing a vexatious complaint and cost the council a load of cash in defending themselves/paying compensation then that can be a serious issue for them.

Again, IANAL ...
 
Thanks Simon thats great
PS i have found a couple of cases where the planning inspectorate have
quashed a couple of enforcement notices in the past with this council along those lines :D
 
Simon the first reply it is as evasive as ever
I asked a couple of questions hoping to address any issues they have, not got back to me yet, but they replied to a enquiry .
Question was do i need planning permission to site a temporary caravan for a seasonal agricultural worker.

They replied i needed planning permission - take a look here

http://adlib.everysite.co.uk/adlib/defra/content.aspx?id=000HK277ZX.0C2LMJVX9OCD6A
[/url]
Section V line 4
 
It does seem like planners like to tell people they need permission for things that can actually do under PD.

See this thread. In "discussions" with the planners they were adamant that his proposals weren't PD and he needed full planning - but then he applied for an LDC and they gave it.
Of course, they still got their fee for the LDC :rolleyes:
 
Think they use it to put people off taking things further.
Also this council like collecting planning fees , i know if i apply they will turn it down.
Think the appeals inspector will be more level headed if i follow your previous advice.

Best one i have seen by this council is you have to pay £52 for them to check if you need planning permission for a satellite dish ... lol

Then i soppose if its in a conservation area or a listed building you then pay to apply..... classic
 
Well just shows what lengths council go to

Chief planning officer insists i need planning permission to site seasonal caravan for lambing ect.
Mate surjested i join NFU free legal advice, planning experts so i did.
NFU you definatly do not need planning and the employee can be myself
they have delt with this issue 100s of times.

Who would you put your money on.
Went into everything recons furniture is ok as someone all ready posted.

Horse to water comes to mind.
Kidding season can last 9 months if its staggerd
 
Question for the experts ...
At what stage can the OP take the matter to appeal with an independent inspector ? Can he do it now he's been served with an enforcement notice, or does he need to wait for something else ?
 
believe i have 28 days from date enforcement notice was issued to appeal.
If i do not appeal i have 3 months to comply with it.
If i fail to do so within the time its then a criminal offence
Been told if i appeal clock stops could take 3 or 4 months for appeal, if i loose clock starts ticking on 3 months to comply again.

Thats my understanding
ps anyone got any large straw bales and a tarp going cheap
 

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