Holiday Lodges and foul and surface water

[delstop]

 

In brief In October 2020 an unknown applicant simply given as "888888888" submitted an application for Holiday Lodges on some land .

 

There were and are many objections to this application and many questions and requests that never were answered or granted such as a meeting with the case officer

or information required

 

There were massive problems regarding foul and surface water drainage which were brought to the attention of the applicants by the environment Agency and nearby residents. Land has a very high water table and water runs across from this land to the nearby properties. development of the land with road system, car parking pathways and other hard standing areas  would decrease permeable area massively and increase flooding risk. Even greater problem was the disposal of foul waste as no local sewers so sewage plant needed, but no land available for filtration of outlet .

 

So watercourse needed but there are not any other  overflow pipe from a  pond  that runs under our residential road and into a ditch at the back of and in residents gardens or an open swale type ditch that is dry for most of the year and rarely runs water except when  other ponds overflow. and this too runs through the back of and in residents gardens. The planners allowed this first application to continue from its validation date of  Dec 20 until March21 when the applicant withdrew ( just as the application was about to be decided).  All of this was simply because the applicants failed to carry out fundamental checks on the site which every planner knows are essential. 

 

The other relevant point is that all the discussions with the planners and in fact the Parish Council took place with another party who allegedly had financial backing with a developer to buy the site from the applicant once it had the outline planning. The Parish Council have early this year mentioned  that perhaps medium term intentions are  full residential use.

 

After the applicant withdrawing  March  2022 it was immediately resubmitted on the same but by two applicants with an increase of site area  approaching 10% and major additional works included. How this could happen is unbelievable as drawings had to be changed and all sorts of documentation modified including the application and then it took 7 weeks to validate an alleged resubmission? Maybe it took 7 weeks to get the revised papers together to show on the planning internet site as they had not been resubmitted.!.

 

Now we get to some interesting bits.

There is a lot of Compulsory National requirements that have to be submitted and provided and the applicants failed to do so. I wrote asking that the application be reviewed and declared invalid. To date no proper response to my list of breaches. Likewise there is a local list of information required by Torridge and that too has not been provided and most notably NO VIABILITY REPORT. Then we have the most peculiar thing of all. NO FEE was paid for the resubmission. The law is very clear as to what exemptions can be given if an application is resubmitted within 12 months of the application date which was October 2020.

 

So the application was out of date for the 12 month rule anyway BUT IN ADDITION IT WAS FROM DIFFERENT APPLICANTS AND INCLUDED MAJOR REVISIONS which again invalidates the exemption given.

 

I have asked for main explanation as to why this applicant has been let off a fee of about £11,500 and also who made this decision and under which law and where did the Council agree to it. Again no reply only a statement from the case officer saying its been referred to a higher level for answer. So if no fee paid then no application is allowed to be considered or indeed even validated. I must mention that the case officer appointed two weeks ago advised me he new nothing about this application and not would he until he returned from vacation.

 

On top of these there is yet another problem.

The case officer has confirmed to me in writing that he has a Certificate A for the land owners. THIS MAKES THIS APPLICATION INVALID AS HE SHOULD HAVE A CERTIFICATE B AS THERE ARE TWO JOINT OWNERS OF THIS LAND AND NOT ONE. The land registry shows this. It also shows  that they were in fact the owners in October 2020. However the 2020 application was certified incorrectly and illegally as one owner by the same agent as that used for the resubmission which has only shown showing one owner  and there are two.

 

The dates set by planning are unfair and the whole thing appears bias and being rushed through and all the comments on the earlier application have been cast aside even though a resubmission. The environment agency are still condemning the scheme as foul and surface water schemes  are still unsolved however the applicants have left this work outside the outline planning application. the Ombudsman  gives local councils 12 weeks to reply to a complaint which is crazy as the decision will have been made by then. There are lots are lots of other dubious actions too.

 

I have written to my Local Councillors who have discussed with the new case officer but no answers as yet and I suspect we will not get any as they are in a very awkward position. I have the Planning Inspectorate in mind  but not sure how fast they can work to act before a decision is made by planning,

 

I need advice as to how van I get an injunction against the Council to stop them considering an illegal and invalid application pending action by the Planning Inspectorate or a Court action by myself .

 

Thank you for reading 

 

this and trust there is some good advice out there that can help me put right this injustice and illegal actions.

 

Best wishes to all     

Edited June 13, 2022 by dx100uk
post spaced.

[dx100uk]

im sorry

but unless you are going to properly use punctuation and space your block of text into sentences.. no one here can help you.

 

We cant expect people on mobile devices let alone a big pc screen  ever to trawl through that to make sense of it

[mantis shrimp]

you need to consult a specialist solicitor. 

[delstop]

My apologies to all for the bad first submission and not sure what went wrong. I drafted and had to amend to try and keep, to the salient points. I then copied and pasted and got it all in amess it seems. I have quickly edited and trust this is now acceptable . Best wishes to all.

 

 

[Ethel Street]

@delstopsomething is still going wrong with your posting because it's still appearing as a solid block of text to me. The editing you did for paragraphing/lines/spacing/punctuation isn't showing at all.

 

I'm reading it a large screen PC monitor which makes it bit easier for me compared to those reading on a mobile small screen, but even so it's hard work.

 

I have skim read through it though to get the gist of the issue, but not all the detail..

 

It seems to me this is a specialised legal issue about planning law and I doubt whether we have the expertise here to help you. Please bear in mind that the people who post advice here are volunteers who are happy to share their their knowledge and experiences but we are not legally qualified professionals, especially when it comes to the more specialised areas of law outside mainstream consumer problems.

 

It's not an area I have any expertise in. Sorry.

 

 

[delstop]

HI 

I just do not know what is happening as screen when typing it is all ok and right now I am reading my repost without any problem at all. 

 

Anyway thanks for trying to help,   I reckon I can do it  by myself , Did it before when the experts at Lincoln Inn tried to charge me a fee of £1500 for telling me I and my partners would lose an appeal against a VAT fine  where each partner was subject to the fine and they were wrong so even then experts get it wrong and sometimes justice does prevail and will here too.

 

It does not take long to read up  and prepare a case  particularly if straight and honest.

 

I will try and find out what is going wrong  with my pc and the site.

 

Best wishes to all 

[dx100uk]

post 1 sorted for you

you cant just copy and paste from another source esp if that has embedded control characters.

 

if you want to pre type a long message, use notepad then copy and paste that text.

 

dont forget blank line spacing breaks and sentences.

 

HTH

 

dx

 

[mantis shrimp]

If you do not have any confidence in specialist lawyers, why should you want to pay attention to random people online, none of whom you have met and none of whose names you even know?