Stop Notices Breaching and Enforcement actions
Discussion
With the upcoming Jubilee weekend, who is responsible to enforcing Stop Notices, and what legal steps can residents take to help ensure any breach is prosecuted or reflect in any further Planning appeals of conditions ?
Background, I was awoken on Good Friday 2021 to the sound of chainsaws and a bulldozer flattening 2 acres of land across the road from my house. It transpires that said land had been purchased in September 2020 by an Irish family who used the Easter weekend, to clear, flatten and install sewerage and hard standing for 2 Static caravans and 5 mobile ones, along with a couple of out and cook houses.
Said plot of land has no planning permissions, and an existing convent from 1976 preventing the installation of caravans on the land.
The council got a Stop Noticed Issues after the Easter weekend, but roll forward 15 months said new neighbours still occupy the land, even though their appeal to the to Stop Notice has now been rejected, and the initial Change of Use planning application was rejected, though we are still awaiting the appeal conclusion to said Change of Use application. As things stand, the neighbours currently need to vacate the land in August and return to the land to how it was prior to Easter 2021.
This week, we are awakened again to the sound of an 6-10 ton excavator onsite and tractor and trailer being used to remove some of the hard standing. This raised some panic in the affected neighbours and led to calls to the Community Wardens, Planning Dept and 101, all of which led to no response, though later the Planning officer followed up with this response;
Stop Notice site layout
Planning Change of Use site layout
As you can see for the above plans, considerable changes have been made on site between the Stop Notice and Planning Applications, yet no further action has been taken by the council.
Bar organising an impromptu street party next week, what can we as residents do apart from sit back and hope the law and it's enforcement actually will finally work ?
Background, I was awoken on Good Friday 2021 to the sound of chainsaws and a bulldozer flattening 2 acres of land across the road from my house. It transpires that said land had been purchased in September 2020 by an Irish family who used the Easter weekend, to clear, flatten and install sewerage and hard standing for 2 Static caravans and 5 mobile ones, along with a couple of out and cook houses.
Said plot of land has no planning permissions, and an existing convent from 1976 preventing the installation of caravans on the land.
The council got a Stop Noticed Issues after the Easter weekend, but roll forward 15 months said new neighbours still occupy the land, even though their appeal to the to Stop Notice has now been rejected, and the initial Change of Use planning application was rejected, though we are still awaiting the appeal conclusion to said Change of Use application. As things stand, the neighbours currently need to vacate the land in August and return to the land to how it was prior to Easter 2021.
This week, we are awakened again to the sound of an 6-10 ton excavator onsite and tractor and trailer being used to remove some of the hard standing. This raised some panic in the affected neighbours and led to calls to the Community Wardens, Planning Dept and 101, all of which led to no response, though later the Planning officer followed up with this response;
Head of Economy and Planning said:
We have received written assurances from their planning agent that the occupants intend to remove more of the their hard standing and return part of their site to grass, to comply in part with the requirements of the Enforcement Notice; They have notified us of their intention to have people on site today in order to do the works associated with this.
Their planning agent has stated the following: “please be assured that this is not further development taking place, just a willingness to comply with the requirements of the Enforcement Notice and reduce the extent of hard standing remaining”.
The Local Planning Authority will be monitoring the situation.
And when challenged as why Planning hadn't informed any of the neighbours of these facts, the response wasTheir planning agent has stated the following: “please be assured that this is not further development taking place, just a willingness to comply with the requirements of the Enforcement Notice and reduce the extent of hard standing remaining”.
The Local Planning Authority will be monitoring the situation.
Head of Economy and Planning said:
Just to clarify, I was made aware of the correspondence from the site occupant’s agent this morning, which arrived yesterday.
The member of staff who received the notification yesterday was unwell yesterday.
As previously advised, the Local Planning Authority will be monitoring the situation – this will be in order to check that the written assurances we have received from the planning agent are being upheld.
Though it transpired, the removal of the existing hard standing, was infact to replace it with top soil and the planting of a number of leylandii trees to help screen the site from the road side. Also this weekend it looks like they are installing further defences that will hamper the removal of the static and mobile vans current on site.The member of staff who received the notification yesterday was unwell yesterday.
As previously advised, the Local Planning Authority will be monitoring the situation – this will be in order to check that the written assurances we have received from the planning agent are being upheld.
Stop Notice site layout
Planning Change of Use site layout
As you can see for the above plans, considerable changes have been made on site between the Stop Notice and Planning Applications, yet no further action has been taken by the council.
Bar organising an impromptu street party next week, what can we as residents do apart from sit back and hope the law and it's enforcement actually will finally work ?
normalbloke said:
Move.
It's a option I've been considering, though would rather not take a major loss on my house value in doing so, whilst the neighbours are pandered to and allow get away scot free.Another option, I've been thinking is the Al Capone route, as said neighbours all have sign written vans, and searching Companies House shows said businesses registered to the same people as on the Planning Appeals, and in one case the business is a month overdue with their Confirmation Statement, also the residential address these businesses are registered to are not the same as the site being occupied, so I'm also wondering if it's worth a call to HMRC Fraud on Monday to see if they'd take an interest ?
Gary C said:
You mean shoot the lot ?
Like it
Think you can only continue to put pressure on the authorities to enforce the action. Will probably take years.
Tax evasion, not murder Like it
Think you can only continue to put pressure on the authorities to enforce the action. Will probably take years.
I'm resided to the fact that it will take either a fire, flood or famine for them to move on, and being the youngest resident on the street, fear I'll be suffering the longest.
Further sleuthing online with the Planning Agents name, finds plenty of google search results across the country for representing similar families, yet the business is flagged a Permanently Closed, and no search results for the Agents name or Business listed on Companies House.
Curledge said:
OMG the value of your house must of plummeted.
No one will want to buy it even if u do decide to move.
Feel for u bro
Thanks, unfortunately the impact on house value isn't a valid planning objection, so cant even use that as an excuse.No one will want to buy it even if u do decide to move.
Feel for u bro
I just count myself lucky it's only 1930 2 bed bungalow that I own on a 1/4 acre plot that I purchased back in 2015, and not a listed 18th century thatched cottage next door that was purchased in 2020.
There always someone worse off, but it frustrating that all be can do is sit back and spectate, even reporting their untaxed vehicles being driven daily has resulted in zero action being taken by the authorities.
Its a complete and utter joke, and just feel for my elderly and aging neighbours.
rfsteel said:
what can we as residents do apart from sit back and hope the law and it's enforcement actually will finally work ?
First of all, my sympathies. As for the council and the Police actually doing their job?
I’m sure you realise that both organisations are staffed and ‘managed’ by feckless, work-shy cowards who don’t care about you, your family, your children or your neighbours even one little bit. To them, dealing with you and your complaints / concerns are nothing but a burden that’s best swept under the rug.IMO, stick your house in an auction next week and move now whilst it’s only lost 25% of its value, because in a few months, once these delightful, law abiding, caravan folk have got their feet firmly under the table, your house will be completely unsaleable.
105.4 said:
First of all, my sympathies.
As for the council and the Police actually doing their job? I’m sure you realise that both organisations are staffed and ‘managed’ by feckless, work-shy cowards who don’t care about you, your family, your children or your neighbours even one little bit. To them, dealing with you and your complaints / concerns are nothing but a burden that’s best swept under the rug.
IMO, stick your house in an auction next week and move now whilst it’s only lost 25% of its value, because in a few months, once these delightful, law abiding, caravan folk have got their feet firmly under the table, your house will be completely unsaleable.
Thanks again, though they've already been in place for over 15 months, so selling up ship has well and truly sailed, unless I'm able to claim on my house insurance, which I think is highly unlikely.As for the council and the Police actually doing their job?
I’m sure you realise that both organisations are staffed and ‘managed’ by feckless, work-shy cowards who don’t care about you, your family, your children or your neighbours even one little bit. To them, dealing with you and your complaints / concerns are nothing but a burden that’s best swept under the rug.IMO, stick your house in an auction next week and move now whilst it’s only lost 25% of its value, because in a few months, once these delightful, law abiding, caravan folk have got their feet firmly under the table, your house will be completely unsaleable.
OP you have got the correspondence going with the head of planning so I think the best bet is just to keep that line of comms open and keep them up to date on a very regular basis with the activities on the site.
Doesn't seem hopeless to me, although these things take time as the caravan mob know every trick in the book to drag things out.
Doesn't seem hopeless to me, although these things take time as the caravan mob know every trick in the book to drag things out.
Canon_Fodder said:
OP you have got the correspondence going with the head of planning so I think the best bet is just to keep that line of comms open and keep them up to date on a very regular basis with the activities on the site.
Doesn't seem hopeless to me, although these things take time as the caravan mob know every trick in the book to drag things out.
I wish still had your confidence in the system, as seen from the Planning depts. response, they'd rather trust and be reactive, than be proactive.Doesn't seem hopeless to me, although these things take time as the caravan mob know every trick in the book to drag things out.
As an example, this is one of the static van that they moved onto the site over Easter 2021;
This is one that they replaced it with, early on a Saturday morning;
Some considerate money have been spent on setting up this site, with little deterrent from the authorities.
I suppose I should count myself lucky that it's just 3 generations of the same family and not a complete gang of miscreants that turned up in 2020 in the field opposite this site;
Edited by rfsteel on Sunday 29th May 17:37
You need to get your local councillor to take action. I suggest an ICBM up his/her arse should do the trick, unless you are lucky and have a good one.
We have a really good one, an army veteran from the Afghanistan mess, lost limbs in said debacle. He really works hard for us.
Travellers bought a small parcel of land . Horrible spot, boundaries are two minor roads, the A1 dual carriageway overhead and the East Coast rail line behind and below.
They got planing for a hard-standing with two caravans, so after behaving for a while they then brought four more caravans onto the site.
Council took them to court and actually evicted them for breaching the planning conditions.
We have a really good one, an army veteran from the Afghanistan mess, lost limbs in said debacle. He really works hard for us.
Travellers bought a small parcel of land . Horrible spot, boundaries are two minor roads, the A1 dual carriageway overhead and the East Coast rail line behind and below.
They got planing for a hard-standing with two caravans, so after behaving for a while they then brought four more caravans onto the site.
Council took them to court and actually evicted them for breaching the planning conditions.
Edited by QBee on Sunday 29th May 20:21
QBee said:
You need to get your local councillor to take action. I suggest an ICBM up his/her arse should do the trick, unless you are lucky and have a good one.
Councillors and MP fully aware of the situation since they arrived, though reluctant to flex any power, presumably as they have to wait for the planning process to complete
My one and only joy is on a sunny day, their vans turn in greenhouses as they cleared all the mature trees that would have provided shade on the predominantly south facing site. rfsteel said:
QBee said:
You need to get your local councillor to take action. I suggest an ICBM up his/her arse should do the trick, unless you are lucky and have a good one.
Councillors and MP fully aware of the situation since they arrived, though reluctant to flex any power, presumably as they have to wait for the planning process to completeElectro1980 said:
If the planning process is ongoing surely that’s all that can be done? It’s going to get rejected by the sounds of it, so just keep an eye on it and let it be. Until all appeals have been exhausted what more can be done?
As they have form for not complying with the planning process !!!Human Rights Legislation Volume 705: debated on Tuesday 14 December 2021 said:
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