Started before 1st october ?? - Now need planning

[Bunge]

Just completed my drive a couple of weeks ago with non permeable blocks. The council turned up around a week into the job and said to carry on as it was nearly done, although it wasnt. They now require me to apply for planning permission, my argument in defense is that i commenced work before 01/10/08 therefore why do i now need to apply for PP.
Wha are your thoughts ?? Do i have a case based on the fact that work had commenced prior and that all my ground work was done prior, in otherwords it was only the blocks that where finally laid after 01/10/08.

Thanks

Chris

[lutonlagerlout]

its getting to the point (6-7 weeks ) where a drive should be done if it was started before the 1st october

have you any proof that you started it then? skip or material receipt perhaps?

if they insist on planning ,you will prolly have to get it or they make you take it up,and planners DO have this power

LLL

[Bunge]

I did all of the ground work before Oct 1st at the same time as i built my extension, i also purchased my blocks in july and i have photos.
In all honesty it should have been completed before 01/10/08 but other circumstances forced a delay on final completion.
I intend now to write to my council with this evidence and see what happens. They cant tell me anything at the mo as i am their first case since 01/10.

[lutonlagerlout]

let's hope they dont use you as a test case
i know that jobs often over run so theoretically you should be ok
LLL

[williams]

Out of interest why did the council come round? was it to sign off the extension?

[Tony McC]

The legislation as written is such a bollix that it would require years of test cases to determine just what it does and what it doesn't cover. There is no statement covering retrospection, nothing about projects commenced before the legislation was enacted, no definition of what LAs can or cannot do, or what discretionary powers they have.

I'd challenge this, and make a HUGE song and dance in the local, regional and national press, if only to highlight just what a complete and utter arsewipe is the current legislation.

[msh paving]

sounds good to me tony,kings lynn planners have done jack all about it no contractor round hear is taking notice like you say a load of bovine excretment

[Suggers]

Last week the missus had file dumped on her desk, about Oct 1st legislation.

Me : So what does it say?

Her : Anything over 5 sq.m. adjacent to the highway needs PP

Me : Is that it?

Her : Yeah - put the dinner on, I've got to feed the chickens.

Brilliant - thanks for your help - informed view etc.....

[williams]

Our local council don't as far as i can make out really car, they have said though if someone reports it they will have to investigate.
Problem is theres a company round here whos boss is a real bod and the sort to report- nice of him hey!