THE WELWYN PRINCIPAL | PEO | LPA ABUSE OF POWER | WOODEN CABIN
biosurveycobham at gmail.com
biosurveycobham at gmail.com
Sat Dec 3 08:29:15 GMT 2016
I own a small woodland in Surrey and In 2009 I hand built a small 1 room 4x7 meter wooden cabin which was built to meet many of the criteria for forestry building and operations. I built it for the storage tools and scientific equipment required for a long term ecology study of my woodland and the surrounding woodland.
5 years later In June 2014 I had an unsolicited visit from my Local Planning Authority who objected to the use of the cabin. From that moment I started to have problems with my Local Planning Authority who from the outset have always been extremely hostile towards me.
In October 2014, I tried to particularise the cabin with an application for a Lawful Development Certificate which was declined in Jan 2015 and that same week the LPA informed me that I would be given 7 days’ notice if enforcement action is going to be taken. Over the following months and after repeated attempts to communicate with the LPA but with no response I was led to believe that LPA were satisfied.
10 months later In October 2015 (16 months after ‘discovery’) out of the blue and without any warning I received an Enforcement Notice. What is concerning about this is that the LPA are supposed to seek a Planning Enforcement Order (PEO) within 6 months of discovering a breach of planning control when issuing an Enforcement Notice out-of-time and only in cases where there has been deliberate concealment, which there has not been.
As the LPA are out of time to seek a Planning Enforcement Order and the fact that no magistrate would grant a PEO in my case, the LPA have decided to completely abuse their powers and issue an Enforcement Notice relying on the Welwyn Principal. The Welwyn Principal enables an LPA to circumvent the need for a PEO when there is a clear case of deliberate concealment.
This is where it gets really concerning, the LPA are claiming that the trees in my woodland and natural bushes including Rhododendrons are an act of concealment with the intention to deceive the LPA and therefor they are relying on the Welwyn Principal. It get even worse but it’s unnecessary to share it with you now.
The point here is, if I lose my case, LPA’s throughout the country will be in a position to serve Enforcement Notices on anyone that might have a structure which is nestled in woodlands or obscured by bushes. Once an enforcement notice is issued it is extremely expensive to defend.
If my case interests you please get back to me as a matter of urgency. I have my Public Inquiry in Jan 4th 2017.
If I actually explain my situation fully it’s outrageous and a clear abuse of power and procedure by the LPA.
Thank you for taking the time to read this
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