Buildings or Extensions Erected without Planning Approval

alan harvey flounders made this Freedom of Information request to Hartlepool Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

alan harvey flounders

Dear Hartlepool Council,

1. In view of the recent High Court Rulings handed down in London this month by High Court judge Sir Thayne Forbes, regarding Buildings Erected without Planning Permission.I would like Hartlepool Council to CONFIRM or DENY that they are Immune from implementing those Legal Requirements in respect of any Complaints or Objections to Buildings or Extensions Erected without Planning Permission, when and if,they receive any such Complaints or Objections from members of the public.
A simple YES or NO will suffice.
2.
It is also my understanding, that this High Court Judge, Sir Thayne Forbes,also stated, that if no-one objected for a period of four (4) years, it was hoped to circumvent the Law and was therefore IMMUNE from Planning Enforcement Controls was also WRONG, this High Court Judge Sir Thayne Forbes, also ruled that because the property was built WITHOUT Planning Permission and Deliberately concealed to deceive the Planning Authorities and others, the four (4) year Immunity rule did NOT apply.and to achieve by Deception Lawful Status for a dwelling Built in Breach of Planning Control, he Ruled that they were NOT entitled to benefit from this Deception of the Local Planning Authority and the Building must come down.
Is it Hartlepool Council's Policy to Support or Reject this High Court Ruling.
A Simple Yes or No will Suffice.
3.
My Understanding of the above High Court decision, highlights, that some people, have in the past, and some even now,are attempting to sidestep the Correct Planning System for their own ends.by applying for a Certificate of Lawfulness or a Retrospective Planning Application, hoping to benefit from this deception of the Local Planning Authority and the Democratically Elected Councillors.
Is it Hartlepool Council's Policy to Support or Reject this High Court Ruling.
A Simple Yes or No will Suffice.
4.
Can I therefore be given a Clear and Honest answer on this very subject,which I first raised with your Planning Officer, supported with Photographic evidence, in September 2008,and which still remains unanswered, what is Hartlepool Council's Policy on the four year (4 ) rule. and will the Unelected Council Officers, be told to refrain from advising concerned neighbours, that it is a civil matter and they should seek independent Legal Advice.
5.
In view of this recent High Court judgement, which I firmly believe reflects directly and supports my interpretation and justifies my Objections and Requests for Information since August 2008, will Hartlepool Council address my recent written Objection to a Retrospective Planning Application H/2009/0568. and could I also be supplied with all the names of the Democratically Elected Councillors, Unelected Council Officer, who may be involved in Opposing/Objecting
and/or/Approving the Granting of Permission for this Retrospective Planning Application, who will be attending the forth coming Planning Committee Meeting.
Yours faithfully,

alan harvey flounders

Customer Service, Hartlepool Council

1 Attachment

Thank you for contacting Hartlepool Connect.

We acknowledge receipt of your email and will deal with your enquiry at
our earliest opportunity.

Information and advice about Hartlepool Borough Council services can be
accessed online at [1]www.hartlepool.gov.uk

The Heart of Customer Service within

Hartlepool Borough Council

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Customer Service, Hartlepool Council

Dear Customer

I acknowledge receipt of your email, which has been passed to the Freedom of Information Officer.

You should expect to receive a detailed response to your request within 20 working days. If this is not possible, you will be advised when a response will be provided.

The direct email address for the Freedom of Information Officer is
[Hartlepool Council request email] Please contact the officer directly for any further information regarding your request.

In addition, information about Hartlepool Borough Council services can be accessed online at www.hartlepool.gov.uk

Yours sincerely

Hartlepool Connect
[email address]
CEDALS on behalf of Customer Services

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alan harvey flounders

Dear Customer Service,
Dear Sir or Madam,
Your response to my requests is now overdue contrary to your Legal Responsibilities.
I would expect better from Hartlepool Borough Council, Please deal with my requests without further delay

Yours sincerely,

alan harvey flounders

Customer Service, Hartlepool Council

1 Attachment

Thank you for contacting Hartlepool Connect.

We acknowledge receipt of your email and will deal with your enquiry at
our earliest opportunity.

Information and advice about Hartlepool Borough Council services can be
accessed online at [1]www.hartlepool.gov.uk

The Heart of Customer Service within

Hartlepool Borough Council

show quoted sections

Customer Service, Hartlepool Council

3 Attachments

Dear Customer

I acknowledge receipt of your email.

Your email has been passed to the relevant department, who will respond at
the earliest opportunity.

In addition, information about Hartlepool Borough Council services can be
accessed online at [1]www.hartlepool.gov.uk

Yours sincerely

Hartlepool Connect

[2][email address]

on behalf of Customer Services

ceadsm

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Hayley Martin, Hartlepool Council

Dear Sirs

Thank you for your email.

Can you please advise what information you are still waiting for as I was
under the impression that your emails that were considered to constitute
freedom of information requests had been dealt with.

As I explained previously, your recent emails are not strictly freedom of
information requests and have therefore been forwarded to the planning
department to be dealt with as part of your planning complaint. I expect
you will receive a response following their investigation shortly.

Kind Regards

Hayley Martin

Constitutional & Administrative Solicitor

Legal Division

Civic Centre - Level 3

Tel: 01429 523182

Fax: 01429 523481

[1][email address]

www.hartlepool.gov.uk

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alan harvey flounders

Dear Hayley Martin,

I wish to know how my F.O.I. requests can be pigeon holed or seperated into (1) a Legal Question, (2 ) a Building Question, (3 ) a Planning Question, or any other type of question ? I honestly believed that a F.O.I. request would be answered by the person officially appointed by Hartlepool Borough Council for that particular purpose ?will you please clarify and explain to me, how can I a member of the public, be expected to distinguish between what the F.O.I. appointed officer will reply too, and any other internal department of Hartlepool Borough Council. when submitting a F.O.I. request.
My request is still outstanding.
Yours sincerely,

alan harvey flounders

Freedomofinformation, Hartlepool Council

Dear Sirs

Further to your recent email, you should now have received a response from the planning department addressing the points raised in your email of the 23 February.

It was my hope that as your complaint with the planning department is ongoing, that your queries could be dealt with by them. I am of the view that the request is not FOI as it is linked to an ongoing complaint. Also as your emails relate to your own personal information in relation to your property, it could be considered a request under Data Protection legislation. The time period for responding to a Data Protection request is 40 days.

Furthermore I assume the outstanding information is that set out in your email of the 23 February regarding Certificate B, therefore the deadline for providing a response under the data protection act is the 4 April 2010.

However hopefully you have now received a response from the planning department addressing your concerns. However if you have any outstanding concerns I will be happy to assist.

Kind Regards

Hayley Martin

Constitutional & Administrative Solicitor
Legal Division
Civic Centre - Level 3
Tel: 01429 523182
Fax: 01429 523481
[email address]
www.hartlepool.gov.uk

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alan harvey flounders

Dear Freedomofinformation,

Would you please respond to my e-mail of 14th feb. 2010, regarding the recent high court rulings, and itemise which are not classed as Freedom of Information requests, and to avoid any further misunderstandings can I be supplied with this information under Section 11 of the Freedom of Information Act.

Yours sincerely,

alan harvey flounders

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