Apparent bias

[dslippy]

This tunnelvision, where present, does neither LA nor the poster any good at all.

[Mjack05]

I agree that of course we have " tunnel vision ,"but doesn't every defendant who believe that they are correct in the eyes of the law...certainly, law ,especially planning law can be interpreted in a variety of ways...and its very difficult to "prove" bias due to the "get out" line,every LA gives ,being every planning application is decided upon its own merits, and its very rare to be able to test this due to not many planning applications being very close to identical..I believe this one is..and for court to rule in my favour carries so much more weight than the ombudsman..

Now,I'm not so blinkered that I wont take advice, that's why I'm in here..but the ombudsman determination in my favour again is a little more than an opinion where a court ruling in my favour means the LA have gone against statutory law...

[Mjack05]

Here is the last communication from the LA..

".....With regards to the land to the side of ######Cottage, the Local Planning Authority (LPA) has agreed that as long as there is no further ‘manicuring’ of the land or the introduction of household structures, sheds, barbecues, and other household paraphernalia etc. then we are happy that there has not been any material change of use of that parcel of land or would it conflict with Policy 3 of the Local Plan Part 2. This is similar to the position you are in with the land adjacent to your property. The use of the authorised stable block sited on the land currently being used as a storage place is not deemed to be expedient to pursue, nor is there a specific condition attached to approval for this stable block that would limit its use for the stabling of livestock only.

That leaves us with the small section of land/cut out at the front of the property currently being used as a single parking space. I understand you may feel that enforcement action should be taken consistent with the action taken against yourself, I refer specifically to the Enforcement Notice issued by the Council dated the 6th of December 2016, there are however fundamental differences regarding these two developments.

In this instance the small parcel of land to the front of Duke of York Cottage is significantly smaller than the hard surfaced driveway created by yourself and subject to the notice. Also the parcel of land subject to the notice served on you had been assessed and approved under a previous planning application, reference @@@@@@. This approval conditioned the appearance of the land under condition 3, pertinent to approved drawings. Two further applications submitted by yourself to the LPA under references ###### (withdrawn) and in particular 10/???? which further to an appeal was dismissed by the planning Inspectorate, was also material consideration with regards to the decision to enforce against the development.

Given the size of the parcel of land you refer to, its position to the front of the property abutting the highway, this development is not considered to have a significant impact on the openness of the greenbelt, as such it does not conflict with Policy 3 of the Blackburn with Darwen Local Plan and would not be expedient to pursue unlike the aforementioned unauthorised development at your property.

The enforcement of any breach of planning control is discretionary on behalf of the local planning authority, and should only be taken when it is considered proportionate to the breach of planning control. In this instance further enforcement action in respect of the small car parking area created is not something the Council considers appropriate to pursue. I understand that you may feel this is not the response you had anticipated, I do trust however it clarifies the matter....."



So,the defence of the LA of whether its appropriate to development on Green belt is the size of the development and whether the LA think they should act...

[Mjack05]

By the way...the "manicuring " is that where its a lovely fenced area, trees and shrubs grown all around the borders with a roped fence around the border...

I was told by the Head of planning to remove the half cooked swingball off my parcel of land as it constitutes domestic practices on agricultural land..!!

[Mjack05]

Any thoughts on the LA correspondence regarding why it ignored neighbours development on Green Belt