10 Year Rule and immunity under the 4 year rule.

[SteamyTea]

51 minutes ago, Ferdinand said:

They do.

If only I could eat chocolate, I would be out hunting them down.

Chocolate may not taste as good now as it did to me 35 years ago.

[ToughButterCup]

On 10/01/2022 at 10:30, Ferdinand said:

Having caught up on the thread, wishing all strength to your arse and your elbow, @ToughButterCup. 

 

Well done  @IanR . Thank you.  Thanks for the interest in my arse Ferdi 😖

Today, the Planning Department finally told me - two full months after the fact - that they had written  to me about what they had decided to do in this case.  The word 'reconsidered' is the key one.....

 

The letter was not delivered to my address.

 

Anyway, here's a copy of the text in full

 

Quote

Appeal against enforcement, [ Address ...]

Dated 20th January

 

Dear Mr [ToughButtercup]

I refer to your letter of 11 January with regard to the above.
Firstly, our records show that you submitted an online enforcement complaint form regarding the cesspit on 3 August 2021 and an acknowledgment letter, setting out the case number  (21/000208) was sent to you on that same date.

We have recently reconsidered the original appeal decision and subject to the agreement of the council’s legal officers we intend to serve a new enforcement notice in respect of the use of the ‘building’ and the cesspit. It is hoped that such a notice will be served within the next month.

 

Yours sincerely

 

The above is code for The Head of Planning has just kicked the can into Legal hasn't he? Here we are in early April two full months later, and nothing has or rather nothing appears to have happened. 

 

 For me, this is new territory. How can I find out what decision was taken by the legal officers in this case?  No new listing of a relevant Enforcement Notice appears on the Council Planning website. 

 

 

Anyone know? Maybe I should just wait a month or two?

 

Ian

 

 

 

[Ferdinand]

22 minutes ago, ToughButterCup said:

 

Well done  @IanR . Thank you.  Thanks for the interest in my arse Ferdi 😖

Today, the Planning Department finally told me - two full months after the fact - that they had written  to me about what they had decided to do in this case.  The word 'reconsidered' is the key one.....

 

The letter was not delivered to my address.

 

Anyway, here's a copy of the text in full

 

 

The above is code for The Head of Planning has just kicked the can into Legal hasn't he? Here we are in early April two full months later, and nothing has or rather nothing appears to have happened. 

 

 For me, this is new territory. How can I find out what decision was taken by the legal officers in this case?  No new listing of a relevant Enforcement Notice appears on the Council Planning website. 

 

 

Anyone know? Maybe I should just wait a month or two?

 

Ian

 

 

 

 

Can't you FOI it, as surely it is a matter of public record?

[ToughButterCup]

1 hour ago, Ferdinand said:

 

Can't you FOI it, as surely it is a matter of public record?

 

Know what, I could couldn't I. There's a thought. Thanks.

 

My instinct is that at the moment, that would be a bit heavy. The HoP is clearly annoyed with my letter pointing out his errors, but he's been stung into doing something. Thats a real achievement.

I suppose the land owner now has the same statutory rights to appeal against Enforcement - again.  That means a few months (6?) 

 

This is taking for ever innit?

 

I've a good mind to go and do summat unlawful in planning terms and drag it out for as many years - minus one day that it takes to bring me to book.

 

Now then what'll it be? I know, dig and operate a revenge cesspit 💩 and uncover it when the wind is in the right direction.  (I'd be so scared of children falling in ....)

 

[IanR]

2 hours ago, ToughButterCup said:

The above is code for The Head of Planning has just kicked the can into Legal hasn't he? Here we are in early April two full months later, and nothing has or rather nothing appears to have happened. 

 

The optimistic reading is that your letter has convinced the Planning Officers, but they need their in-house legal team to agree with the interpretation you outlined of the Planning Inspectorate's decision.

 

That's not unreasonable, the Inspectorate's decision was not well written. You needed to jump back and forth between paragraphs to fully understand the decision.

 

I'd say the HoP is confident in them taking new action against both cesspit and building, otherwise he/she's just asking for trouble by suggesting so and committing to a timeframe.

 

...even though they missed the suggested timeframe, but they'll just blame that on C-19.

 

There may be actions going on in the background. The LPA will often give the owner the opportunity to normalise the breach, by way of a retrospective, before issuing an enforcement.