Decking complaint (threads merged)

[charliegolf]

Jobsworth who actually barged passed a visitor of the house who opened the the door . running around the garden with a tape measure and camera and said he would be intouch

Is he out of hospital yet?

 

[Dicky mint]

Update

The enforcement officer did not proceed with any action after 28 days but as o rent from a housing association he has referred it to them to visit next week and see if any breach has been made.
I presume the housing officer knows even less than The planning dept and will ask me to take it down
As they don't wont to be threatened by the council enforcement and want the easy way out?
Can I stand my ground to both council and technically the landlord as it's pd

 

[LukeB123]

It really now is less about planning and more about the housing association.

They might have stipulations about not constructing things without getting consent off them first.
You can certainly "stand your ground" in terms of planning, but as per my previous reply you need to sort out the issue with the Housing officer.

 

[mrrusty]

enforcement officer did not proceed with any action after 28 days but as o rent from a housing association he has referred it to them to visit next week and see if any breach has been made

I would not be happy about this at all. I would ask them under what authority they had to pass your details to your landlord. Its nothing to do with the council planning - it's either a planning breach or it isn't. To stir the brown stuff with your landlord seems totally out of order to me - be interested to hear what others think.

This is excerpt from my councils privacy policy and I doubt what they have done would meet any of the conditions for sharing

Data Sharing with Third Parties
We may share your information with third parties where we have a legal obligation to do so, or where permitted under Data Protection legislation, or with a third party working on behalf of the Council to deliver services.

We will strive to ensure that any third party who we share personal data with has sufficient systems and procedures in place to prevent any loss of data.

We will not share your data with third parties for marketing or sales purposes, or for any commercial use without your prior express consent.

 

[IT Minion]

I would not be happy about this at all. I would ask them under what authority they had to pass your details to your landlord. Its nothing to do with the council planning - it's either a planning breach or it isn't. To stir the brown stuff with your landlord seems totally out of order to me - be interested to hear what others think.

This is excerpt from my councils privacy policy and I doubt what they have done would meet any of the conditions for sharing

https://www.gov.uk/data-protection/make-a-complaint

 

[garyo]

To stir the brown stuff with your landlord seems totally out of order to me -

Completely agree with your sentiment, but I think an enforcement notice is in the public domain just like any other planning application, so no breach may have occurred.

 

[Seafarer1966]

It's not your house but is owned by a Housing Association?

 

[Dicky mint]

Ok latest the housing association came out to see the decking and they have no problem with it . they will tell the planning enforcement officer this by way of letter.
Then we will see if he drops it or serves me with a enforcement notice. Being that the housing association have not backed him up on this matter. I believe he can serve this on the tenant or the landlord. I can of course immediately appeal this. And from doing a internet search it may take up to 12 months for a hearing.?
Just a reminder that the decking is no more than 300mm high but as my garden slopes down towards the house it's 900mm high.
But the regulations state the measurement is taken from the highest point adjacent to the decking. And the enforcement office has taken the 900mm measurement.
I could.of course apply for retrospective £££
Or a certificate of lawfulness £££
And.im sure the same officer wound not allow it as can't interpret the regulations.
All your thoughts are appreciated

 

[Dicky mint]

Ok latest the housing association came out to see the decking and they have no problem with it . they will tell the planning enforcement officer this by way of letter.
Then we will see if he drops it or serves me with a enforcement notice. Being that the housing association have not backed him up on this matter. I believe he can serve this on the tenant or the landlord. I can of course immediately appeal this. And from doing a internet search it may take up to 12 months for a hearing.?
Just a reminder that the decking is no more than 300mm high but as my garden slopes down towards the house it's 900mm high.
But the regulations state the measurement is taken from the highest point adjacent to the decking. And the enforcement office has taken the 900mm measurement.
I could.of course apply for retrospective £££
Or a certificate of lawfulness £££
And.im sure the same officer wound not allow it as can't interpret the regulations.




Read more: https://www.diynot.com/diy/threads/decking-complaint.534101/page-5#ixzz6YPPmPX00

 

[mrrusty]

I'd sit tight now and wait for an enforcement notice. Bet it doesn't come.

 

[Nakajo]

The carrots are coming on nicely

 

[Dicky mint]

Planning aid volunteer has just updated me with the below.

You note the Local Planning Authority (LPA) sent a letter/notice asking you to either apply for permission or take down the decking and ask if they need to send this again to pursue action. Technically they don’t and they could serve an enforcement notice. However they may not decide to pursue given the Housing Association’s view particularly given they had provided you with an option to apply for planning permission (which can sometimes be an indication that planning permission would be granted).


Obviously, the options in terms of submitting an Certificate of Lawfulness remain.


If they decide to purse you can appeal (they will need to be clear on the harm it causes and that it is in the public interest to pursue) – the details will be set out in the notice. Subject to the grounds of appeal you lodge there is no cost to appeal (if you argue it should be granted planning permission there is a cost). The appeal would be submitted to the Planning Inspectorate (an Independent national body) and depending on the appeal process chosen the appeal would be assessed and decided (written reps is the quickest) but it is months rather than weeks.


You could employ a Planning Agent who could then contact the LPA for you but I am not sure that would ‘add’ anything to the conversations you have already had – it would be their opinion, as I have given mine. They could also assist with any appeal but they would charge.


I would need to double check with Planning Aid whether we could assist you with an appeal.


If the LPA decide not to pursue I would expect them to advise that no further action is being taken – so it would seem reasonable for you to write to them, following the HA visit and view, to see what they intend to do.


I hope the above is of assistance.


Regards,

 

[Dicky mint]

Did a subject Access request found these
Planning enforcement officer writing to housing association

 

[mrrusty]

Again, just sit tight. Do nothing and only respond if they actually issue enforcement. If they thought they were on solid ground they wouldn't be trying to get the HA to do their dirty work. It all seems a bit unethical to me.

 

[Dicky mint]

Another interesting sar request has produced more planning enforcement bullying tactics