Enforcement notices

corco2000

Why are enforcement notices and results not online just like eplan for planning applications?
How can someone look at an unauthorised development file? From start to finish.
Thanks

Gumbo

corco2000 wrote: »

Why are enforcement notices and results not online just like eplan for planning applications?
How can someone look at an unauthorised development file? From start to finish.
Thanks

Probably because of data protection issues.
You have to protect the details of the claimant and you also have to protect the details on building owner as the person making the claim may not be telling the truth and there may be no enforcement issue to begin with.

But you can request the info under FOI with obvious details omitted for security.

yurtyaherne

corco2000 wrote: »

Why are enforcement notices and results not online just like eplan for planning applications?
How can someone look at an unauthorised development file? From start to finish.
Thanks

Because most development complaints/enforcement cases give the complainant the right to anonymity. You can request it under FOI but chances are, you won't get to see a whole lot more than the warning letter or enforcement notice issued to the developer only.

corco2000

Thank you. It's the details of complaint I'm looking for. Not necessarily who complaint is or lives just what thier claim is. It's the original complaint I'm looking for.
So under foi act (any idea which section ?) you can request from LA the File. And it's to thier discretion what they do or dont give you? If they don't give you what your after can you appeal to another authority.
Anyone any experience of this?
Thanks again.

Gumbo

corco2000 wrote: »

Thank you. It's the details of complaint I'm looking for. Not necessarily who complaint is or lives just what thier claim is. It's the original complaint I'm looking for.
So under foi act (any idea which section ?) you can request from LA the File. And it's to thier discretion what they do or dont give you? If they don't give you what your after can you appeal to another authority.
Anyone any experience of this?
Thanks again.

They will not give you the original complaint. It’s protected by law, even if it goes to court, the judge cannot release the info.

It’s for this reason a planning enforcement officer physically visits the site in question, to take their own notes, their own photographs and details. It’s these details that are used in any legal proceedings, not those of the complainant.

If you want to know the nature of the complaint, that’s stated on the section 152 warning letter you receive initially.

yurtyaherne

corco2000 wrote: »

Thank you. It's the details of complaint I'm looking for. Not necessarily who complaint is or lives just what thier claim is. It's the original complaint I'm looking for.
So under foi act (any idea which section ?) you can request from LA the File. And it's to thier discretion what they do or dont give you? If they don't give you what your after can you appeal to another authority.
Anyone any experience of this?
Thanks again.

You can make a FOI request to the LA, you can then appeal the decision of the FOI request to a higher ranked member of staff (it is normally stated on the reply who the appeal is sent to, there is also a charge for appeals); if you are not happy with that reply, you can then appeal the decision to the Ombudsman


Chances are you won't receive what the exact claim is as it could potentially identify the complainant.


I have seen cases where x has been reported to the LA but when the enforcement officer to carry out a site inspection he may also uncover numerous other issues of unauthorised development/non compliance with conditions.