23 replies to this topic

[Cornish Gems]

There was no question regarding a holding no on the form we obtained for a 28-day notice, but that did not stop us from obtaining one and mentioning the fact to the council. It should be remembered that some councils seem to think that the words of the Act mean that one has to have some sort of existing business on the land.

[melbee]

Thanks, C Gems! I think also 5 hectares or above is technically classed as a farm, anyway, from what I can gather. Thanks!

In other news: we had the delight of two enforcement officers on site with tape measures and cameras on Tues.  Very civil, and friendly; both female, and seem human. But they don’t half think in boxes, and don’t even know all the rules. (and have absolutely NO idea about permaculture or horticulture or in fact anything green). And one of them had no idea we have already written and sent to them a business plan (in Feb) and the other one ummed and aahed and said something about “oh, yes, you did send some ideas you had sketched out in an attachment..”…ideas we sketched out? Cheeky mare. We slaved over a proper business plan. Eesh!

 

Anyway. Caravan in curtilage of my stepdad and mum’s is out, apparently,  as access would require a military operation and an industrial crane the size of Empire State Building, owing to “curtilage” being bounded in by water, trees and slope. So they say that we would prob need to go for PP for an “overspill” caravan just outside the curtilage.

 

Hmm. So we’re thinking we might as well go for PP for the timber building we’re in already (about meters from mum and stepdads place).  If that fails eventually (post appeal) we can use the FtoF model and bring a caravan on site anywhere, to do the works required to carry on our enterprise here. But we’ll try PP to stay in the timber dwelling first! Three questions:

 

1 They said we might as well not put in PP for the timber dwelling, and just wait for their enforcement (prob Feb), then appeal. Hmmm. Is this a good plan? I want to try the PP route first  before being pushed into an appeal against enforcement, might even get some support from local councillors etc. Comments, anyone? Can they enforce before we have even sent in an app? We have to send in personal consequences and response to the contravention notice by 6 Jan.

 

2 They are pushing for my stepdad to get a Cert of Lawfulness for his own house. We think no point, as we would only need it to determine the curtilage. We have already established (with the two E Officers) that we can’t go down that route.  We’re wondering if in fact not having it registered anywhere might stand us in good stead when it comes to appeal, as they can’t say there is already a “regularised” dwelling there and therefore say we can’t have a second dwelling on the site. Are we right/deluded/warm?

 

3 If we were to buy (ie for a peppercorn) the 12 acres off my stepdad and mum,  leaving us on the land in question, and them essentially on a separate adjacent plot of land  (0.5 acres) and not involved in the ownership at all (on paper), would that avoid the problem of the PP being turned down (as the EOs said it will) because our building is a second dwelling on the land? If we bought the land, and mum and alan then resided outside it, we would we the only dwelling…are we right? Then we just need to prove functional need. Brains scrambled at the moment, so all comments welcome.

 

Thank you, splendid FtFers! Such a comfort to have like-minds and wise heads here…

[melbee]

Er....that strange little icon should be "80 metres"...! Dunno what happened there..!

[jasonp]

have sent to LPA a letter of complain, there first level was section head so went tto the planning head, didnt expect anything more than lies, resent letter to corparatte director level and enclosed the above legislation and a whole lot more, the first complaintt was returned late in breach of their own code of conduct and contained proof of other lies and breaches of their own codes, i shall keep you posted

 

had reply from directorate head of council regards our complaint (i know were complaining to the same people who were also banging heads with but thats procedure) basicly the planners are of the opionion that we are breaking the rules but being here. i thought they were ment to abide by the law not their own opionions. secondly that survalance which was conducted by local parish councllers and locals are the eyes and ears but should not intrude or take photos, however in the local parish council minutes it clearly states that the council asked for evidence inc photos. this i am sure is a breach of human rights act sec 8. and because they have asked others to cause a crime it is incitment which i believe is a breach of Serious crimes act 2008 sec 44 and 45.

 

obviously their reply was there is no systematic lying, they are law abiding.... and its me who is in the wrong.

 

next step it to raise the complain to the local council independant omnibusman, i think they will see this in a different light as i think they will be alot less bias.

 

tthis is me biting at them, hopefully putting them onto the back foot as i dont stand for this crap.

 

i guess the next steps are sighting the enforcement registar and freedom of information acts to keep them busy and get a solisitor in to take action against them.