Hi group. Here's a brain-bender for you.

A few hundred yards from my house is a patch of land owned by gypsies. In 
2003 they obtained permission to build a stable block. Fair enough.

Eight weeks ago they built the stable block. Fair enough.

Four weeks ago they moved in two static homes (caravans) and two mobile 
caravans. I complained to the Council.

Soon after, two Council planning officers visited and identified that the 
patch of land was being used in breach of its planning permissions 
(including washing machine, etc, operating in the stables - not much room in 
those caravans!).

At some point after the planning officers' visit, the gypsies put in an 
application for change of use (stationing four caravans, etc). To give this 
some context, the application goes against the Council's local plan; 
informally, planners and planning committee members assure me that the 
application has no hope.

I have asked the Planning Department to take enforcement action against the 
breach which they identified was existing before the change-of-use 
application was made.

The Planning Department has told me that the law states (rather than their 
policy states) that they cannot now take enforcement action against the 
breach on the grounds that such action could be seen to compromise the 
impartial processing of the change-of-use application.

So to my question: After an application for change-of-use has been received, 
can the Council issue an enforcement notice for a breach of planning use 
which they have evidence existed before the application was made?


Now I'm here, one other little thing.

The gypsies have put up a postbox. As there isn't permission for anyone to 
be living on the patch of ground is there an obligation on the Royal Mail to 
deliver post to it?

Thanks for any advice.

Regards to group.

"Spamfree!"  wrote in message 
news:g2uc27$2ik$1$8300dec7@news.demon.co.uk...
> Hi group. Here's a brain-bender for you.
>
> A few hundred yards from my house is a patch of land owned by gypsies. In 
> 2003 they obtained permission to build a stable block. Fair enough.
>
> Eight weeks ago they built the stable block. Fair enough.
>
> Four weeks ago they moved in two static homes (caravans) and two mobile 
> caravans. I complained to the Council.
>
> Soon after, two Council planning officers visited and identified that the 
> patch of land was being used in breach of its planning permissions 
> (including washing machine, etc, operating in the stables - not much room 
> in those caravans!).
>
> At some point after the planning officers' visit, the gypsies put in an 
> application for change of use (stationing four caravans, etc). To give 
> this some context, the application goes against the Council's local plan; 
> informally, planners and planning committee members assure me that the 
> application has no hope.
>
> I have asked the Planning Department to take enforcement action against 
> the breach which they identified was existing before the change-of-use 
> application was made.
>
> The Planning Department has told me that the law states (rather than their 
> policy states) that they cannot now take enforcement action against the 
> breach on the grounds that such action could be seen to compromise the 
> impartial processing of the change-of-use application.
>
> So to my question: After an application for change-of-use has been 
> received, can the Council issue an enforcement notice for a breach of 
> planning use which they have evidence existed before the application was 
> made?

If an unauthorised developement is noticed / alleged then normally the 
council will write to the landowner.

Their basic options are: -

Denial

Cessation.

Appeal (if they think they have permission).

Retrospective application.

The last normally stays enforcement action until the application is 
determined, unless (for instance) an application to do the same thing has 
already been refused.

>
>
> Now I'm here, one other little thing.
>
> The gypsies have put up a postbox. As there isn't permission for anyone to 
> be living on the patch of ground is there an obligation on the Royal Mail 
> to deliver post to it?
>
> Thanks for any advice.
>
> Regards to group.
>
>
>
>