URGENT ADVICE NEEDED on domestic CPO case

[Maxey L.]

Dear all, 

Does anyone have any advice/ideas/contacts regarding this CPO case which
clearly warrants an urgent appeal to be completed by 28th Dec...
correspondence can be traced below - it seems to concern a CPO on an
individual's house and land by an LA keen to 'tidy up' and build houses
-please let Alice know directly if you are able to help

Alice Milner: 



Original message:

A friend of mine's father has been issued with a CPO on his property
>> and land in Norfolk.
>>
>> The deadline for appealing is 28th December.
>>
>> The man has bipolar disorder and is extremely difficult to help
>> because he believes the CPO won't happen, that he doesn't need a
>> solicitor, and that he knows what to do. It appears, however, that
>> this is the end of a 10 year conflict with the local authority over
>> the state of his property. It is clear that because of green belt and
>> conservation restrictions, spare land is very precious in his  
>> village,
>> which is expanding and hasn't enough housing.
>>
>> So the local authority has decided to use the state of his  
>> property to
>> CPO it, and the large amount of land that goes with it, and know  
>> he is
>> an easy target because of his illness.
>>
>> Part of the problem, it seems, is also because is trying to live a
>> low-impact alternative lifestyle.
>>
>> He collects rainwater, composts everything, including toilet waste,
>> collects local wood and heats just one room of his home with a
>> woodburner, uses a lot of insulation, only uses off-peak electricity
>> and mainatins a wild garden home to snakes, birds, wild flowers  
>> etc...
>>
>> This alternative lifestyle 'clashes' with the local gentry. So not
>> only is this an attack on a disabled man, but also on someone trying
>> to reduce his ecological footprint.
>>
>> My friend, Alice, is trying her best to save her family home - but
>> needs any advice and help she can get.
>>
>> We have got some legal advice, but this has gone cold; the Homes  
>> Under
>> Threat campaign is also helping out, but the low impact aspect is not
>> their particular expertise.
>>
>> If there is anything that can be done, please get back in touch asap.
>>

Dr. Larch Maxey
Swansea University/Prifysgol Abertawe
L.Maxey at swansea.ac.uk

www.lammas.org.uk


-----Original Message-----
From: Simon Fairlie [mailto:chapter7 at tlio.org.uk] 
Sent: 12 December 2007 16:36
To: Alice Milner
Cc: Stuart Hodkinson; Maxey L.; Pickerill, Dr J.
Subject: Re: URGENT ADVICE NEEDED

I suppose another possibility is to identify another site on the edge  
of the village, where someone is keen to sell for housing, and argue  
that the land the council want to buy off you is more precious from a  
bio-diversity point of view.  A few bats, barn-owls, edible dormice  
or great crested newts or similar protected species  would be handy  
for this. Try www.rentanewt.com

Simon

On 12 Dec 2007, at 15:52, Alice Milner wrote:

>
> Hello,
> Thank you all so much for taking time to respond. I'm digesting the  
> information and will try to get a plan together in terms of what I  
> should do.
> The land isn't overly large but could fit several houses on with  
> the way they pack them in, and his house at the moment has a large  
> garden/garages around it which could fit several more houses.
> I'm happy for you to distribute the information on any list...I'm  
> totally inexperienced when it comes to fighting CPO's so I need all  
> the advice I can get!
> Thanks again,
> Alice
>
> --
> Alice Milner
> Research Postgraduate
> Room 2.55
> School of Geography
> University of Leeds
> LS2 9JT, UK
> http://www.geog.leeds.ac.uk/people/a.milner/ <https:// 
> outlook.leeds.ac.uk/exchweb/bin/redir.asp?URL=http:// 
> www.geog.leeds.ac.uk/people/a.milner/>
> 07795 022377
>
> ________________________________
>
> From: Stuart Hodkinson
> Sent: Wed 12/12/2007 15:36
> To: 'Simon Fairlie'
> Cc: Maxey L.; Pickerill, Dr J.; Alice Milner
> Subject: RE: URGENT ADVICE NEEDED
>
>
>
> Cheers for these responses
>
> I'll await Alice's word before distributing on the lists
>
> It's possible that the land is large enough for quite a few new  
> houses with gardens.
>
> The counter planning permission idea is a very good one!
>
> Alas, the CPO mechanism is really tough and this man is unwell so  
> it is difficult to pursue anything.
>
> I'll be back in touch asap
>
> s
>
> -----Original Message-----
> From: Simon Fairlie [mailto:chapter7 at tlio.org.uk]
> Sent: 12 December 2007 15:26
> To: Stuart Hodkinson
> Cc: Maxey L.; Pickerill, Dr J.; Alice Milner
> Subject: Re: URGENT ADVICE NEEDED
>
> Dear Stuart
>
> I don't know much about CPOs. You could try Tom Brenan at the ELF  
> and see if he can suggest anyone. tombrenan at googlemail.com
>
> It seems they have a CPO on his home, in which case he should  
> definitely appeal and put in a defence under Article 8 of the Human  
> Rights Act, among other grounds.
>
> How much land are we talking about ? Presumably it is within the  
> development zone. Do the local authority  have planning permission  
> for the homes they want to put there? Are they market homes or all  
> affordable homes?
>
> If he has a lot of land in the development zone which he is not  
> doing much with, and which is  the most obvious place for homes in  
> a cramped village in need of affordable housing, then the local  
> authority have a point. One approach would be for him, or Alice, to  
> put in a planning application for some low impact homes  on the site.
>
> If he got the planning permission, then they might have to pay him  
> lots of money. If he failed to get planning permission, then there  
> might be reasons there for refusing permission for any houses there.
>
> If he doesn't have a lot of land, and his garden is no bigger than  
> some others in the village, then it would seem most unjust. He, or  
> Alice could put in a planning application on someone else's garden  
> (preferably someone who supports the CPO).
>
> Cheers
>
> Simon
>
>
> Simon Fairlie
> Hats: Chapter 7, The Land, The Scythe Shop
>
> The Potato Store, Flaxdrayton Farm,
> S. Petherton, Somerset TA 13 5LR
>
> 01460 249204
> www.thescytheshop.co.uk
> www.tlio.org.uk
>
>
>
>
>
>
> On 12 Dec 2007, at 14:44, Maxey L. wrote:
>
>> Wow! This sounds like a serious case of injustice on many levels! At
>> this stage it seems imperative to get the appeal in (and ideally done
>> well) and for that you/they need some solid legal advice! I don't  
>> know
>> off hand who would be good in this area of law (Simon any ideas?) but
>> Mike Schwarz of Bindman's (a London firm) has been excellent in my
>> experience so if he's still there I'd say try and get him on side..
>>
>> As part of the appeal it may be relevant to bring in expert witnesses
>> who can vouch for the e.g. the low impact/sustainable nature of the
>> holding, but this is a minor aspect/side issue at this stage I'd say.
>>
>> Also, further down the line you could get petitions of people
>> supporting the case, etc.
>>
>> But right now get that appeal happening
>>
>> Shall I forward your email to the digger's and planning UK lists to
>> see if anyone there can help - shall I get them to email you Stuart,
>> or Alice directly?
>>
>> Dr. Larch Maxey
>> Swansea University/Prifysgol Abertawe
>> L.Maxey at swansea.ac.uk
>>
>> www.lammas.org.uk
>>
>>
>>
>> -----Original Message-----
>> From: Stuart Hodkinson [mailto:S.N.Hodkinson at leeds.ac.uk]
>> Sent: 11 December 2007 11:52
>> To: Simon Fairlie; Maxey L.; Pickerill, Dr J.
>> Cc: Alice Milner
>> Subject: URGENT ADVICE NEEDED
>> Importance: High
>>
>> Hi Simon, Larch, Jenny
>>
>> I'm wondering if you can help.
>>
>> A friend of mine's father has been issued with a CPO on his property
>> and land in Norfolk.
>>
>> The deadline for appealing is 28th December.
>>
>> The man has bipolar disorder and is extremely difficult to help
>> because he believes the CPO won't happen, that he doesn't need a
>> solicitor, and that he knows what to do. It appears, however, that
>> this is the end of a 10 year conflict with the local authority over
>> the state of his property. It is clear that because of green belt and
>> conservation restrictions, spare land is very precious in his  
>> village,
>> which is expanding and hasn't enough housing.
>>
>> So the local authority has decided to use the state of his  
>> property to
>> CPO it, and the large amount of land that goes with it, and know  
>> he is
>> an easy target because of his illness.
>>
>> Part of the problem, it seems, is also because is trying to live a
>> low-impact alternative lifestyle.
>>
>> He collects rainwater, composts everything, including toilet waste,
>> collects local wood and heats just one room of his home with a
>> woodburner, uses a lot of insulation, only uses off-peak electricity
>> and mainatins a wild garden home to snakes, birds, wild flowers  
>> etc...
>>
>> This alternative lifestyle 'clashes' with the local gentry. So not
>> only is this an attack on a disabled man, but also on someone trying
>> to reduce his ecological footprint.
>>
>> My friend, Alice, is trying her best to save her family home - but
>> needs any advice and help she can get.
>>
>> We have got some legal advice, but this has gone cold; the Homes  
>> Under
>> Threat campaign is also helping out, but the low impact aspect is not
>> their particular expertise.
>>
>> If there is anything that can be done, please get back in touch asap.
>>
>> Best wishes
>>
>> Stuart
>> 0113-343-1820
>>
>