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Rank: Advanced Member
Joined: 06/11/2008(UTC)
Posts: 232
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Does a notice seeking planning permission or change of use [you know - the yellow A4 sized notice telling about the planned change and who to write to objecting to it if you are so inclined] need to be legible from the street? St Augustines Parish Hall has one attached now but it is too far from the street to read and I would be technically tresspasing if I went over the wall to read it. Does this nulify the application? I don't know what they are looking to change but it is probably a demolition request or a change of use...
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Rank: Advanced Member
Joined: 18/07/2008(UTC)
Posts: 225
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I would take their posting it as an invitation to get close enough to read it. I have jumped over numerous fences in my time armed only with the argument that if they didn't want me there, they should have made it readable from a position not on the property. I haven't had any trouble. Maybe I'll stage a night raid and take a photo to post here.
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Rank: Advanced Member
Joined: 06/11/2008(UTC)
Posts: 232
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Thanks – I’d be afraid of getting a Solicitors’ letter [or worse]. Somebody PM’d me to say that the Notice must be legible from the street to be valid as a notice under the act and by placing it there they are ruining their application under the law – do you know if this is correct?
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Rank: Advanced Member
Joined: 06/11/2008(UTC)
Posts: 232
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Could the moderator or Redimanager direct this to the planning department to get the legal view? Thanks :d
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Rank: Advanced Member
Joined: 16/09/2007(UTC)
Posts: 874
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etoc2001 wrote:Does a notice seeking planning permission or change of use [you know - the yellow A4 sized notice telling about the planned change and who to write to objecting to it if you are so inclined] need to be legible from the street? St Augustines Parish Hall has one attached now but it is too far from the street to read and I would be technically tresspasing if I went over the wall to read it. Does this nulify the application? I don't know what they are looking to change but it is probably a demolition request or a change of use... Why would you be tresspassing?? Plus the Hall is not far from the pavement.
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Rank: Advanced Member
Joined: 09/12/2008(UTC)
Posts: 122
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BryanDicker wrote:etoc2001 wrote:Does a notice seeking planning permission or change of use [you know - the yellow A4 sized notice telling about the planned change and who to write to objecting to it if you are so inclined] need to be legible from the street? St Augustines Parish Hall has one attached now but it is too far from the street to read and I would be technically tresspasing if I went over the wall to read it. Does this nulify the application? I don't know what they are looking to change but it is probably a demolition request or a change of use... Why would you be tresspassing?? Plus the Hall is not far from the pavement. It would be trespassing because to get close enough to the notice to read it you would have to climb over the fencing and the gates are padlocked shut and have been since 31 March 2008! The hall may not be far from the pavement but you would still need to have super human vision to read it form the pavement - that’s providing you had x-ray vision to see through the bush it’s hidden behind. One might think that it has been strategically placed so it can't be read!
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Rank: Advanced Member
Joined: 06/11/2008(UTC)
Posts: 232
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I still think that if a message has to be displayed to be legal is displayed in such a way that people can't read it then under the act of parliment [Town & something Planning Act - I think] the notice is not properly made and the application is invalid. We know that the alleged owner is prone to overreactive moves and I would be afraid of injuring myself hopping over the fence and having to sue him for loss of wages.
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Rank: Advanced Member
Joined: 06/11/2008(UTC)
Posts: 232
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etoc2001 wrote:Could the moderator or Redimanager direct this to the planning department to get the legal view? Thanks :d Any reply yet from our friends in Planning?
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Rank: Advanced Member
Joined: 12/12/2007(UTC)
Posts: 1,025
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etoc2001, this is the response from the Planning Service for you:
Article 12B of the Town and Country Planning General Development Order (GDO) sets out Local Planning Authority responsibilities for publicising planning applications, so that neighbours and other interested parties can make their views known. The GDO provides for three basic types of publicity:
(a) a notice in a local newspaper
(b) a site notice
(c) notification to owners/occupiers of adjoining properties
Statutory Publicity
The GDO sets out the statutory minimum publicity which the Local Planning Authority is required to undertake for the following types of development:
Nature of Development
Development where application accompanied by environmental statement.
Departure from development plan.
Affecting public right of way.
Publicity Required
Advertisement in newspaper and site notice.
GDO or other statuary provisions
Article 12B of the GDO.
Nature of Development
Major Development.
Publicity Required
Advertisement in newspaper and either site notice or neighbour notification.
GDO or other statuary provisions
Article 12B of the GDO.
Nature of Development
Minor Development.
Publicity Required
Site notice or neighbour notification.
GDO or other statuary provisions
Article 12B of the GDO.
Nature of Development
Development affecting the setting of a listed building Conservations Areas Act 1990.
Publicity Required
Advertisement in newspaper and site notice.
GDO or other statuary provisions
Section 67 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Nature of Development
Development affecting the character or appearance of a conservation area.
Publicity Required
Advertisement in newspaper and site notice.
GDO or other statuary provisions
Section 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Nature of Development
Permitted development requiring prior notification to local planning authority.
Publicity Required
Site notice posted by developer.
GDO or other statuary provisions
Relevant Part of Schedule 2 to the GDO.
It is recognised best practise to go over and above the word of the law and, as such, Redbridge choose to supply every single application with a pre-prepared site notice and requests that the applicant display this notice in a public area. Being well beyond our legal obligations, this notice is not enforceable in law, unless the application it relates to is for either a Conservation Area or Listed Building Consent.
Posted on behalf of the Planning Service by Redimanager :d
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Rank: Advanced Member
Joined: 14/07/2007(UTC)
Posts: 975
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Wow! So, really, not much to do with your neighbour(s) what you are doing and Redbridge are fairer than fair.
And we are not told much about certificates of lawful development, when you don't even have to tell anybody at all!
And it might be even that you don't have to bother to tell the council, you can go ahead and ask the council for the certificate in hindsight.
Why do we have a planning department?
annesevant
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Rank: Advanced Member
Joined: 06/11/2008(UTC)
Posts: 232
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redimanager wrote:etoc2001, this is the response from the Planning Service for you:
Article 12B of the Town and Country Planning General Development Order (GDO) sets out Local Planning Authority responsibilities for publicising planning applications, so that neighbours and other interested parties can make their views known. The GDO provides for three basic types of publicity:
(a) a notice in a local newspaper
(b) a site notice
(c) notification to owners/occupiers of adjoining properties
Statutory Publicity
The GDO sets out the statutory minimum publicity which the Local Planning Authority is required to undertake for the following types of development:
Nature of Development
Development where application accompanied by environmental statement.
Departure from development plan.
Affecting public right of way.
Publicity Required
Advertisement in newspaper and site notice.
GDO or other statuary provisions
Article 12B of the GDO.
Nature of Development
Major Development.
Publicity Required
Advertisement in newspaper and either site notice or neighbour notification.
GDO or other statuary provisions
Article 12B of the GDO.
Nature of Development
Minor Development.
Publicity Required
Site notice or neighbour notification.
GDO or other statuary provisions
Article 12B of the GDO.
Nature of Development
Development affecting the setting of a listed building Conservations Areas Act 1990.
Publicity Required
Advertisement in newspaper and site notice.
GDO or other statuary provisions
Section 67 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Nature of Development
Development affecting the character or appearance of a conservation area.
Publicity Required
Advertisement in newspaper and site notice.
GDO or other statuary provisions
Section 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Nature of Development
Permitted development requiring prior notification to local planning authority.
Publicity Required
Site notice posted by developer.
GDO or other statuary provisions
Relevant Part of Schedule 2 to the GDO.
It is recognised best practise to go over and above the word of the law and, as such, Redbridge choose to supply every single application with a pre-prepared site notice and requests that the applicant display this notice in a public area. Being well beyond our legal obligations, this notice is not enforceable in law, unless the application it relates to is for either a Conservation Area or Listed Building Consent.
Posted on behalf of the Planning Service by Redimanager :d I appreciate that LBR are not the party at fault here but if the site notice is too far from the public to be legible and no other form of notification has taken place surely that notice can't be accepted as valid notification? Could you again ask Planning for their opinion on this one point as they are the judges of what is valid or not?
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Rank: Newbie
Joined: 13/03/2009(UTC)
Posts: 3
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etoc2001 wrote:etoc2001 wrote:Could the moderator or Redimanager direct this to the planning department to get the legal view? Thanks :d Any reply yet from our friends in Planning? Following the announcement of the change requested in the planning permission Everybody is encouraged to join in the democratic process as practiced by the Catholic Church and do nothing until advised to by the parish priest keep the faith
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Rank: Advanced Member
Joined: 06/06/2007(UTC)
Posts: 1,400
Location: Too close to Redbridge-i censorship
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FatherJack wrote:etoc2001 wrote:etoc2001 wrote:Could the moderator or Redimanager direct this to the planning department to get the legal view? Thanks :d Any reply yet from our friends in Planning? Following the announcement of the change requested in the planning permission Everybody is encouraged to join in the democratic process as practiced by the Catholic Church and do nothing until advised to by the parish priest keep the faith Well when it comes to faith I have just a tad more faith in Redbridge Council in this particular matter. "Father Ted" evidently has urgent need for going on long retreat.
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