Legal Question (not speeding, shock!)
Discussion
Having lived with a planner you'll be very lucky to get it thrown out because of construction traffic. They look at the impact of the final entity not construction, (unless it'll affect the local wildlife....badgers etc?).
e.g. if it's a builders yard being constructed, you could object on the grounds that delivery lorrys will be on the road all the time (increase in traffic). But you'd struggle to object about the lorrys being used to build the builders yard.
However if you want to pee off the lorry drivers report them to the local plod for obstructing the highway.
e.g. if it's a builders yard being constructed, you could object on the grounds that delivery lorrys will be on the road all the time (increase in traffic). But you'd struggle to object about the lorrys being used to build the builders yard.
However if you want to pee off the lorry drivers report them to the local plod for obstructing the highway.
Dum a dick a dee a dick a dum... Hows about one of these Puggit:
Highways Act 1980 Section 137
If a person without lawful authority or excuse in any way obstructs the free passage along a highway he is guilty of an offence. (Power of arrest under PACE 84 S25(3)(d)(v) general conditions)
Road Vehicles (Con and Use Regs) Reg 103
No person i/c of a m/veh or trailer shall cause or permit the vehicle to stand on a road so as to cause any unneccessary obstruction of the road. No PA
The Town Police Clauses Act 1847 S 28
Every person who in any street, to the obstruction, annoyance or danger of the residents or passengers wilfully interupts any public crossing or wilfully causes any obstruction in any public footpath or other public thoroughfare commits an offence. No PA.
Will ignore unlawful imprisonment - very heavieeeee.
No 2 looks good for you providing your cul de sac is other than private. Doubtful if it's just a drop jobbie of material but the longer it stays the better your chances of proving.
As to what actually is obstruction - loads of case law but in the end a question of fact for Their Worships.
Interesting item - a refusal to remove a vehicle that is obstructing the highway when requested by a police
ossifer can amount to obstruction of the Police as well.
However before taking the Iraq solution (all guns blazin- kick ass) why not try a reasoned and polite approach to the Works Foreman/Manager, pointing out the problem being caused and seek a gentleman's agreement solution.
Hassle causes nothing but raised blood pressure and ulcers. Is it worth it?
Edited bit: Just re read and note you want something for objections to LA. If it is proposed to build a Builders Yard nearby that will result in HGV"s being parked in your bit of heaven then do not forget an approach to VOSA (www.vosa.gov.uk) for if vehicles are over 7.5 tonnes then they will need an Operators Licence and Yard declared as an Operating Centre which places further restrictions on what they can/cannot do and in fact if they cause a nusiance you can object to granting/renewal of the Licence.
DVD
>> Edited by Dwight VanDriver on Tuesday 20th April 15:44
Highways Act 1980 Section 137
If a person without lawful authority or excuse in any way obstructs the free passage along a highway he is guilty of an offence. (Power of arrest under PACE 84 S25(3)(d)(v) general conditions)
Road Vehicles (Con and Use Regs) Reg 103
No person i/c of a m/veh or trailer shall cause or permit the vehicle to stand on a road so as to cause any unneccessary obstruction of the road. No PA
The Town Police Clauses Act 1847 S 28
Every person who in any street, to the obstruction, annoyance or danger of the residents or passengers wilfully interupts any public crossing or wilfully causes any obstruction in any public footpath or other public thoroughfare commits an offence. No PA.
Will ignore unlawful imprisonment - very heavieeeee.
No 2 looks good for you providing your cul de sac is other than private. Doubtful if it's just a drop jobbie of material but the longer it stays the better your chances of proving.
As to what actually is obstruction - loads of case law but in the end a question of fact for Their Worships.
Interesting item - a refusal to remove a vehicle that is obstructing the highway when requested by a police
ossifer can amount to obstruction of the Police as well.
However before taking the Iraq solution (all guns blazin- kick ass) why not try a reasoned and polite approach to the Works Foreman/Manager, pointing out the problem being caused and seek a gentleman's agreement solution.
Hassle causes nothing but raised blood pressure and ulcers. Is it worth it?
Edited bit: Just re read and note you want something for objections to LA. If it is proposed to build a Builders Yard nearby that will result in HGV"s being parked in your bit of heaven then do not forget an approach to VOSA (www.vosa.gov.uk) for if vehicles are over 7.5 tonnes then they will need an Operators Licence and Yard declared as an Operating Centre which places further restrictions on what they can/cannot do and in fact if they cause a nusiance you can object to granting/renewal of the Licence.
DVD
>> Edited by Dwight VanDriver on Tuesday 20th April 15:44
puggit said:Well, if our local and other, national experience is anything to go by, your local council might refuse the PA (or wait until they are out of time for replying!), the developer will appeal and Mr Prescott's heavy boots will step in. As he appears committed to housing the world's refugees (whether legally or illegally in this country), his inspector will allow an appeal and there will be bu99er all you can do about it! - Streaky
... it's only a proposal to build 6 studio flats ...
puggit said:
Thanks DVD - it's only a proposal to build 6 studio flats (which I don't mind per se). It's just the effect it will have on parking and traffic I object to
Sorry to be on a negative puggit but I think you're on a loser especially if the developer is on the nod with planners etc.
Similar case.
New building, no particular objections to the construction itself but problem being increased traffic, reduction of parking spaces, construction access, visibility of/from emerging traffic, covenants etc etc all thrown at one application.
Application turned down by local planning authority on recommendation of its technical ossifers and councillors.
Went to appeal, DoE planning inspector handled the appeal. I actually witnessed this geezers site survey and to say it was staggeringly incompetent understates the matter by about a factor of 10 to the power n.
However the upheld the appeal, "tame" brown envelope type stuff involved allegedly.
However here comes the rub is that this appeal verdict can itself be appealed, yet at this stage things get expensive in terms of legal costs.
The only thing that the "tame" inspector said in this case was that the turning space on the development site had to be modified so that all vehicles could enter and leave the premises in a forward direction. In pactice they don't.
Interestingly (or not) the access road was one which was classified in the council's own rules as unsuitable for large and service vehicles. These didn't apply to construction traffic apparently.
Sorry if this is the answer you didn't want to hear. My advice is make friends with some influential people in the right areas.
FiF
I'm hearing you loud and clear FiF - and things don't look good.
However our Ace in the Pack is that fire engines and ambulances already can't get to us due to the parking. We've used this argument before (different council/case entirely). We were fighting an England footballer (ie loads of cash), and won.
Always up for a David vs Goliath
However our Ace in the Pack is that fire engines and ambulances already can't get to us due to the parking. We've used this argument before (different council/case entirely). We were fighting an England footballer (ie loads of cash), and won.
Always up for a David vs Goliath
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