anyone help with planning dept. bullying?

[Deacus]

I am minded to include a compliance period of 3 weeks within the notice. If you have any medical or personal reasons why you consider it reasonable to extend this period of time, or indeed anything else regarding your circumstances which you would like me to consider in preparing this notice, please can you supply this to me in writingwithin 14 daysof the date of this letter.

You may want to consider obtaining legal assistance or Planning aid should you require any independant help through this process.

These tossers bark orders & think they are untouchable
You erected this fencing as your farther is of ill heath & feels unable to protect your mother from another attempted burglary that the police failed to do there duty to serve & protect, you erected it to help them feel safe & offer protection when the police have not, you are actually aiding the police from a point of view if you have the fencing lowered as this Hitler has ordered & something happens to your parents through a robbery your fathers health deteriorating by feeling vulnerable or the police failing in there duties again is Hitler prepared to take full personal responsibility?
I would ask him that, I ask you consider the above in granting an extension, if the police can not protect them then I feel it is my duty & responsibility to do so & you are revoking that power from me will you take this responsibility on yourself? & pay the consequences that I will legally come after you personally for should something happen? As in my mined you will be responsible, dont know if that is even workable just ranting but these people just make me mad!

[justsaynoconsent]

Have you obtained a copy of your deeds?

This may or may not reveal your remedy as most dont realise that covenants in the deeds are contracts.

This will reveal contracts with your neighbours as well.

Get your neigbours consent in writing if you can that they dont object. Normally there is a restiriction on putting up new fences on boundaries typically 1mtr as stated and upto 2 mtr to the rear.

You normally have a contract which states that you will do or not do something that will cause nuisance annoyance or inconvenience.

Get hold of the planning guide which will state what you can and cannot do. Objections for consent to a change in your contract cannot be witheld unreasonably. If you have 2 neighbours who are fine with it the burden of proof to provide is the councils. Its upto them to provide their reasons and exactly where it says so. Planning permission and consents/contracts are 2 different things. Agreement with planning is the council saying they are ok with it. If you neighbours dont object and there is similar locally exhaust this route before using freeman type stuff as robots dont listen.

[rico]

this is a beauty.

http://www.planningportal.gov.uk/permis ... allsgates/

We had an old railing post with some broken rusty railing amongst the hedges we cut down!!

It says:-

You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don't increase its height. In a conservation area, however, you might need conservation area consent to take down a fence, wall or gate.

Well we could say with certainty we improved it. And the railing measured 2m high.

This could be a breakthrough, i hope.

[helena]

well done rico. Certainly is a breakthrough especially if you have proof, photographs or something. This is the four year rule. You should write to them supplying proof of some sort then. They will almost certainly then ask you to submit an application for a certificate of lawful development but, is probably unnecessary if you can provide the proof.

If you got the proof you can tell them to put s. 191(2) of the TCPA 1990 in his pipe and fucking smoke it!

[rico]

The pictures are on google earth but the tree/hedge trucks and foilage block the view of the railing.
Would sworn affadavits from independent witnesses who seen the rail posts be proof enough?

[helena]

aye, I mean have you got neighbours that can vouch? maybe your folks or neighbours have old photographs when it was just a railing before the hedge was put in? there is maybe even old photos in your local newspaper archive or in local books in your local library? shame about google earth.

[helena]

here is what is acceptable for evidence for lawful use.

Council tax records,

Environmental health records (if related to a commercial premises)

signed statements or sworn affidavits signed by people knew the property well for the relevant period of time,

old photographs,

copies of bills / invoices, company accounts, or

copies of previous planning permissions

existing and original floor plans for all applications involving the use of a building to a scale of not less than 1:100.

existing and original elevations for all building works to a scale of not less than 1:100.

[rico]

I'll have to have a dig around. The hedges have been there as long as I can remember. Its funny really. When the cops came round after the attempted burglary, they advised us to cut the hedges down because it was offering the seclussion theives wanted. Now all this hassle.

[Deacus]

this is a beauty.

http://www.planningportal.gov.uk/permis ... allsgates/

We had an old railing post with some broken rusty railing amongst the hedges we cut down!!

It says:-

You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don't increase its height. In a conservation area, however, you might need conservation area consent to take down a fence, wall or gate.

Well we could say with certainty we improved it. And the railing measured 2m high.

This could be a breakthrough, i hope.

Excellent rico well researched, for a start I would just tell them it is a replacement fence if they ask you to prove it then I guess they would be assuming you are a liar & you could ask them to prove there defamatory claim, at the very least that may buy you time through argument to find proof, is the concrete base of the original post still in place? if not was it removed by a fencing company, would they put in writing they removed the post?
Good work & good luck
D