Planning legality query

Treble Twenty

Hi,

There is a rundown building site near me that a developer is trying to reopen.
Let’s just say what he is trying to build is not what any of the residents want.

This is his second time applying for planning permission in 3 months. As I understand, the first one failed because only 1 planning notice was erected when 2 should have erected. (2 entrances).
Both second notices are up now and he has some builders working there during the day (without planning which is another thing).

The issue I have is the builders are removing both planning notices in the evening when they leave and hanging them up again in the morning when they arrive.
Both notices are in plain view at the entrances during the day and when both are removed in the evening only 1 is hung back up which is far back into the building site on a fence that no by passers can see it.

Is this legal and are there grounds for complaint

Thanks

seamus

No, the notice needs to remain up permanently.

You can make a complain to the local planning office about this. Take photos if needs be.

Note that while they are not permitted to begin building work without permission, they can do cleanup work and as I understand it they can do some prep work.

mickdw

Treble Twenty wrote: »

Hi,

There is a rundown building site near me that a developer is trying to reopen.
Let’s just say what he is trying to build is not what any of the residents want.

This is his second time applying for planning permission in 3 months. As I understand, the first one failed because only 1 planning notice was erected when 2 should have erected. (2 entrances).
Both second notices are up now and he has some builders working there during the day (without planning which is another thing).

The issue I have is the builders are removing both planning notices in the evening when they leave and hanging them up again in the morning when they arrive.
Both notices are in plain view at the entrances during the day and when both are removed in the evening only 1 is hung back up which is far back into the building site on a fence that no by passers can see it.

Is this legal and are there grounds for complaint

Thanks

The site notices must be fixed to the site for the duration or until told by planning authority to remove them.

Treble Twenty

Great, thanks for the information folks

overshoot

mickdw wrote: »

The site notices must be fixed to the site for the duration or until told by planning authority to remove them.

and readable from the public road. the location should also be shown on drawings if as you say one is moving

mickdw

Might prove difficult enough to get anywhere with a complaint like that though.
The signs will be up when the council visit the site.

BryanF

mickdw wrote: »

Might prove difficult enough to get anywhere with a complaint like that though.
The signs will be up when the council visit the site.

Photos with date & time stamp

mickdw

BryanF wrote: »

Photos with date & time stamp

Have you any experience of a planning authority acting on such a complaint. I'm just interested to know. Date stamps are all well and good but are hardly a watertight proof. Would a planning official be interested enough to carry out an out of hours site inspection - I doubt it.

BryanF

mickdw wrote: »

Have you any experience of a planning authority acting on such a complaint. I'm just interested to know. Date stamps are all well and good but are hardly a watertight proof. Would a planning official be interested enough to carry out an out of hours site inspection - I doubt it.

I take your point, but A formal complaint would have to be investigated by council, otherwise they are leaving themselves open to ABP appeal.

Larbre34

mickdw wrote: »

Have you any experience of a planning authority acting on such a complaint. I'm just interested to know. Date stamps are all well and good but are hardly a watertight proof. Would a planning official be interested enough to carry out an out of hours site inspection - I doubt it.

Yes. People who go out of the way to take the p1ss will be inspected at any time. Trust me as a consultant planner.

overshoot

BryanF wrote: »

I take your point, but A formal complaint would have to be investigated by council, otherwise they are leaving themselves open to ABP appeal.

and courts, with proper evidence surely its an error of law, not to invalidate the application.

id probably go for old reliable and stick a newspaper in the photo OP, maybe do this on 3 days so its not a once off. Camera dates can always be edited, removes that challenge. And beware the 5 week observation limit - providing the site notice was erected when it should have been.

Gumbo

mickdw wrote: »

Have you any experience of a planning authority acting on such a complaint. I'm just interested to know. Date stamps are all well and good but are hardly a watertight proof. Would a planning official be interested enough to carry out an out of hours site inspection - I doubt it.

Planning enforcement officers carry out inspections outside of normal working hours such as chippers, alleged complaints of events in halls that are not permitted etc etc

Can they involved in a site notice issue, I don't know.