Unauthorised engineering operations on a PD

[garyo]

. Nasty Neighbours, Council Jobsworths and Suckers

Have you ever watched Hollywood's "team America World police" munz? I think there's a scene you'd like...

 

[Munzy]

Have you ever watched Hollywood's "team America World police" munz? I think there's a scene you'd like...

I haven’t but I might check it out tonight... it’s a family Christmas movie right?!

 

[ban-all-sheds]

The reason they do this is the "4 year" period is now null and void if you are n the wrong as you've been told. So in theory they can now pursue you years down the line... if they so wished.

But surely they cannot declare that someone is in contravention of a regulation which did not come into force until after they did the work?

A dual carriageway near where I live was recently changed from national speed limit to 50mph. Should I fear a speeding conviction because I drove along it at 70mph before the change?

When they increased the age for buying tobacco to 18, did they start prosecuting tobacconists who the day before had been selling fags to 17-year olds?

 

[calara]

I had an idea who it was but I was told it was not them - that’s what they said anyway in the meeting, so now I have no idea who it is. But no I don’t think there will be revenge or at least I hope not.
I will take some pics this week so you can see what we have done and the rest of the road, be good to hear your opinions.

 

[Munzy]

I had an idea who it was but I was told it was not them - that’s what they said anyway in the meeting, so now I have no idea who it is. But no I don’t think there will be revenge or at least I hope not.
I will take some pics this week so you can see what we have done and the rest of the road, be good to hear your opinions.

My reply was a little tongue-in-cheek but I hope you took it the right way.

Most people are scared of receiving letters with official stamps at the top or quiver at the thought of hearing from Her Majesty’s servants. Please don’t think for a second that these people are infallible or operating correctly from a legal or moral perspective.

From what you have said so far I believe you are being bullied. Your photos will shed further light but at this stage, if I was you, I would be feeling very confident.

 

[^woody^]

Have you got the Christmas lights out yet?

 

[Notch7]

My reply was a little tongue-in-cheek but I hope you took it the right way.

Most people are scared of receiving letters with official stamps at the top or quiver at the thought of hearing from Her Majesty’s servants. Please don’t think for a second that these people are infallible or operating correctly from a legal or moral perspective.

From what you have said so far I believe you are being bullied. Your photos will shed further light but at this stage, if I was you, I would be feeling very confident.

I think planning departments take the path of least resistance.

Theyve had a stroppy neighbour hastle them, so theyve reacted. Theyve sent you a rather generic letter of complaint hoping that wil, sort it out.

Judging by the advice on here, you will do well to put tbe ball, back in their court.

 

[garyo]

I haven’t but I might check it out tonight... it’s a family Christmas movie right?!

Yep totally child friendly. It's just like an animated version of this thread really

 

[Munzy]

Yep totally child friendly. It's just like an animated version of this thread really

Well that was a lucky escape for the kids!

 

[Munzy]

I think planning departments take the path of least resistance.

Theyve had a stroppy neighbour hastle them, so theyve reacted. Theyve sent you a rather generic letter of complaint hoping that wil, sort it out.

Judging by the advice on here, you will do well to put tbe ball, back in their court.

Spot-on!

 

[lt8480]

But surely they cannot declare that someone is in contravention of a regulation which did not come into force until after they did the work?

A dual carriageway near where I live was recently changed from national speed limit to 50mph. Should I fear a speeding conviction because I drove along it at 70mph before the change?

When they increased the age for buying tobacco to 18, did they start prosecuting tobacconists who the day before had been selling fags to 17-year olds?

It is not the same... the regulation didn't change. Rather it was clarified what the regulation meant, and therefore how it should be applied. (It was being incorrectly interpreted/applied before.)

This is one of the cases when a lawful development certificate for proposed works is handy, as a LDC is the council confirming in their opinion your works are permitted.

As the council are in charge are enforcement they would have to admit they wrongly issued the LDC if they then wanted to enforce following an issuing of a LDC, which whilst they could perhaps do, I've never seen it done. I suspect in such a situation they wouldn't enforce as it would probably make them liable for costs/damages.

Ultimately the risk of doing what you think are PD works without a LDC always potentially leaves you open open to enforcement if you are interpreted the PD rules wrong.

If what you have received is an enforcement notice it must say:

2.9

• exactly what, in the LPA's view, constitutes the breach of control; and
• what steps the LPA require to be taken, or what activities are required to cease, to remedy the breach. It must also specify whether the breach is regarded as carrying out development without planning permission, or a failure to comply with any condition or limitation. Enforcement notices are not improved by over-elaborate wording or legalistic terms: plain English is always preferable. An eventual prosecution under section 179 of the 1990 Act may fail if the Court finds the terms of the notice incomprehensible to the lay person.

https://assets.publishing.service.g.../uploads/attachment_data/file/7707/321199.pdf

 

[ban-all-sheds]

It is not the same... the regulation didn't change. Rather it was clarified what the regulation meant, and therefore how it should be applied. (It was being incorrectly interpreted/applied before.)

Ah - right - I see.

Wasn't there a fuss a few years ago about reinterpretation of rules of where eaves height was measured, or if the volume of a roof included the soffit overhang, or summat?

 

[EddieM]

But surely they cannot declare that someone is in contravention of a regulation which did not come into force until after they did the work?

A dual carriageway near where I live was recently changed from national speed limit to 50mph. Should I fear a speeding conviction because I drove along it at 70mph before the change?

When they increased the age for buying tobacco to 18, did they start prosecuting tobacconists who the day before had been selling fags to 17-year olds?

Oh I dunno, the govt wants to retrospectively tax people who used legal, (although admittedly dubious) tax avoidance (note word avoidance) as far back as 20+ years.. nice one, retrospective punitive laws.

 

[lt8480]

Oh I dunno, the govt wants to retrospectively tax people who used legal, (although admittedly dubious) tax avoidance (note word avoidance) as far back as 20+ years.. nice one, retrospective punitive laws.

If they were "dubious" then probably seen as evasion rather than avoidance? They'll struggle back 20 years on account you have have to keep accounts that long.