stop and enforcement notices on private land

Need help and support? Post here and we will do our best.

stop and enforcement notices on private land

Postby hobos » Fri Jun 10, 2011 2:57 pm

Hello

Today we have been issued a stop notice and enforcement notice from west dorset district council regarding town and country planning act. It is private land and we have permission to be on this land via the owners.

We have sited a catering trailer on a35 near askerswell dorset where there is much need for it. We have also parked our bus on this land and live in it, being "security" also.

Any ideas how we can fight this? The stop notice says we have to stop by the 16th june which is 6 days time - we cannot appeal against this either unless we go to hight court for judicial review.

"this notice is issued by the council in exercise of their power in section 183 of the 1980 act because they consider it expedient thet the activity specified in this notice should cease before the expiry of the period allowed for compliance with the requirements of the enforcement notice on the land describe in paragraph 3 below, The council now prohibit the carrying out of the activity specified in paragraph 4 of this notice....."

would aprrecitate any advice on this my fellow freemen
Cheers Steve and Sarah
hoboscatering@hotmail.co.uk
07760224493
hobos
 
Posts: 9
Joined: Fri Jun 10, 2011 2:31 pm

Re: stop and enforcement notices on private land

Postby Freeman Stephen » Fri Jun 10, 2011 3:45 pm

Alot of questions here

1. what is the activity they want you to stop, living on a bus there or operating a catering van?

2. there is no 1980 act, do they mean the 1990 act or some former act related to planning?

3. section 183 of the 1990 act says a stop notice cannot be served where and enforcement notice has taken effect. You seem to be implying that both types of notice at least exist? Has the enforcement notice taken effect?

4. Was it enforced correctly (for example 28 days to do what it tells you to do, also served within 28 days of its stamping - these are bureaucratic get out clauses but lets face it the council arent exactly averse to nit picking themselves)

5. On what grounds are you denied the right of appeal?
User avatar
Freeman Stephen
Moderator
Moderator
 
Posts: 1387
Joined: Thu Apr 22, 2010 12:07 am

Re: stop and enforcement notices on private land

Postby Freeman Stephen » Fri Jun 10, 2011 3:46 pm

(PS may not have the ability to refer to the tacpa in future posts as I am usually using a mobile phone for internet access)
User avatar
Freeman Stephen
Moderator
Moderator
 
Posts: 1387
Joined: Thu Apr 22, 2010 12:07 am

Re: stop and enforcement notices on private land

Postby hobos » Sat Jun 11, 2011 1:29 pm

Hello thankyou for your quick reply!

1. On the stop notice is says: "The activity to which this notice relates is a breach of planning control, consisting of the change of use of the land to land used for siting, operation and advertisment of a catering van, without planning permission"

On the other stop notice they tied to the fence is "The activity to which this notice relates is the change of use of the land to land used for the siting, operation and advertisement of a catering van to members of the public"

2. Sorry, it is the 1990 act. The stop notice points to section 183 of the town and country planning act 1990 (as amended by the planning and compensation act 2008).
In the enforcement notice they refer to sections 171A, 171B and 172 to 177 of the same act.

3. On the same day we had a stop notice and an enforcement notice issed to us. On the actual stop notice is says " on the 10th June 2011 the west dorset district coucil ("the council"), being local planning authority for the land to which this notice relates, issued an enforcement notice (of which a copy is attached to this notice) alleging that there has been a breach of planning control on land at the former site of the askers motel, A35, Dorchester , Dorset"

4. The enforcement notice takes effect on the "12th july 2011, unless an appeal is made against it beforehand" Time for compliance is "7 days from the date of this noticetakes effect" (12th July). There is no stamp but the forms are all dated 10th June.

5. There is an annex to the stop notice which says in capital letter "THERE IS NO RIGHT OF APPEAL TO THE SECRETARY OF STATE FOR THE ENFORCEMENT AGAINST THIS NOTICE"
at the bottom is says "if you wish to contest the validity of this notice, you may only do so by an application to the high court for judicial review" There are no grounds mentioned.

Thankyou, Sarah
hobos
 
Posts: 9
Joined: Fri Jun 10, 2011 2:31 pm

Re: stop and enforcement notices on private land

Postby hobos » Sat Jun 11, 2011 1:36 pm

In regard to the 28 days notice they should give us does this apply to the stop notice aswell? - as weve only got 6 days notice! "The stop notice shall take effect on 16th june, when all activites specified in this notice shall cease"
hobos
 
Posts: 9
Joined: Fri Jun 10, 2011 2:31 pm

Re: stop and enforcement notices on private land

Postby huntingross » Sat Jun 11, 2011 4:59 pm

I gave your post much consideration before replying.

I would choose not to post if the only thing I had to say was full of negative comments....the fact is, on available information, you are phucked....you have taken on an enormous task and are now asking some fundamental questions on their mode of operation.

In thier world, you have engaged :
Planning regulations
Health and Safety regulations
Public Health regulations
And probably more beside.

Europe determined a long time ago that the UK does not contravene "the right to a fair trial" with their planning legislation and administration of same. Even though the reporters are appointed from within the system that is trying to close you down....this apparently is a fair hearing.

Now seemingly you don't have a right to appeal....changed since my days of taking them on.

It seems to me the arrow to the heart is the one they suggest.....proceed straight to either Judicial Review or Representative Action under the Civil Procedure Rules.

Instead of issuing lots of notices full of questions which they will ignore, ask them lots of questions which they are obliged to answer under the CPR. Follow their a Pre-Action Procedure and issue a "Claimant’s letter before claim".

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/practice_directions/pd_pre-action_conduct.htm

If they choose not to answer the questions raised, their courts are supposed to take a dim view of it....I wouldn't hold your breath, but if they don't take a dim view then a claim of no access to due process looms.

I think the pre acion conduct is most relevant as it takes you down the route of Representative Action....otherwise find the protocol for Judicial Review

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/protocols/prot_jrv.htm

Either way, make sure you are ready to take them on, they are motivated, well financed and prepared to spend the public purse to put you down at any expense. They feel protected from personal attack under the shield of Public Authority and therefore "just doing their job" will pass this torch onto their successors as you being the demon.

And this is even before they put the heat on the land owner who so far has allowed you to be there.
Success nourishes hope
User avatar
huntingross
Moderator
Moderator
 
Posts: 4324
Joined: Mon Mar 09, 2009 11:29 pm
Location: FIDACH, Near Edinburgh

Re: stop and enforcement notices on private land

Postby hobos » Mon Jun 13, 2011 9:31 am

thanks for you're reply,
the land owner has bowed out gracefully,& told them he has asked us to move,but is happy for us to play up!
& quite frankley we have nothing to lose. even living here without trading is an option. the live in bus has no tax or mot so i'm guessing they will have to impound it to move it,it's also where we live so effectively they will be making us homeless..? .we have some friends armed with camcorders & some knowledge , guess we will sit it out as long as we can.maybe get a few more vans in here really piss them off! thanks for you're interest
the hobo's.
hobos
 
Posts: 9
Joined: Fri Jun 10, 2011 2:31 pm

Re: stop and enforcement notices on private land

Postby hobos » Tue Jun 28, 2011 5:01 pm

Hiya guys.......just an update on our "enforcement"
We are still trading today (28th June) and our stop notice was supposed to take effect on the 16th June.
The enforcement notice is supposed to take effect on the 12th July so we will see what happens.....
We havent heard or seen the council since they issed the enforcements (10th June). A friend of ours phoned up the number on the stop notice and asked him some questions. Is this a criminal or civil matter? um criminal. soooo its an arrestable offence? um youll need to speak to our legal team. but..... your name is on this form, you are the person who signed these forms and you are the person who it says to speak to immediately if you have any doubt about anything on the form - should you be able to sign something you do not know about? um ull need to speak to our legal team. after some more mumbling he hangs up and doesnt answer his phone when we try to ring back. If only we recorded the call! Its a civil matter not criminal.
WHAT WE HAVE DONE:
Weve had some sound of advice from this forum and from our friends and new friends weve met. Weve put up notices on the gates at the entrance and exit - "notice of removal of implied right of access" which basically deals with section 6 so they cannot trespass on the land unless they have "prewritten signed consent Sworn Under Oath in front of a Notary" attachment should be on here.....Also on our bus window we have attacted a notice so they cannot trespass on our home. This notice deals with section 6 aswell and should be attached. We are still homing in on peoples advice but these notices will deter them......

Surely we are due a visit from the council so will keep you posted.....
Thankyou my friends

Steev and Sarah
You do not have the required permissions to view the files attached to this post.
hobos
 
Posts: 9
Joined: Fri Jun 10, 2011 2:31 pm

Re: stop and enforcement notices on private land

Postby Freeman Stephen » Tue Jun 28, 2011 5:08 pm

have a contingency ready incase they do steal your bus. de ja vu in regard to bustachemtrails who got catch 22d by them last year.
User avatar
Freeman Stephen
Moderator
Moderator
 
Posts: 1387
Joined: Thu Apr 22, 2010 12:07 am

Re: stop and enforcement notices on private land

Postby Rogerplant » Thu Jul 21, 2011 11:29 am

Hi, some thoughts about the Askerswell site, it used to have a motel on it so there may be previous use, as regard planning, as a catering site for motorists. That may mean you do not need PP for mobile catering.
Also in 1995/6 I tried to buy that site from the (then) owner and he insisted that it had PP for a private residence and he had started the work for that private residence by putting in the foundations for it.
I visited the site yesterday and saw remains of those foundations, that may also mean that PP is still there for a private residence.
I sent you an email today, get in touch again?

Regrds,

Roger.
Rogerplant
 
Posts: 9
Joined: Thu Jul 21, 2011 11:16 am

Next

Return to Help Wanted

Who is online

Users browsing this forum: No registered users and 2 guests

cron