Manston Airport Title Certificates

Berni Elbourn made this Freedom of Information request to Thanet District 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 successful.

Dear Thanet District Council,

Regarding:-

R. v. Thanet District Council exp. Tapp and Britton
IN THE HIGH COURT OF JUSTICE CO 3030/1999
QUEEN'S BENCH DIVISION
(CROWN OFFICE LIST)
Royal Courts of Justice
Strand
London WC2
Thursday, 6th July 2000.
B e f o r e:
MR JUSTICE SULLIVAN
----------------
REGINA
-v-
THANET DISTRICT COUNCIL
EX PARTE RICHARD TAPP & DAVID BRITTON

And the subsequent failed appeal:-

R. v. Thanet District Council exp. Tapp & Britton
Neutral Citation Number: [2001] EWCA Civ 559
IN THE SUPREME COURT OF JUDICATURE C/2000/2663
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CROWN OFFICE AND DIVISIONAL COURT
(SULLIVAN J)
Royal Courts of Justice
Strand
London WC2
Wednesday, 21st March 2001
B e f o r e :
LORD JUSTICE PILL
LORD JUSTICE MANTELL
-and-
LORD JUSTICE BUXTON
- - - - - - - - - - - - -
THE QUEEN
- v -
THANET DISTRICT COUNCIL
Ex parte
(1) RICHARD TAPP
(2) DAVID BRITTON

Please can you advice if the council still holds the certificates mentioned in these judgements?

Please publish the certificates by reply?

I note in paragraph 60 usage levels are not a factor. e.g. closure of the airport

Please can you confirm if the certificates are still in force?

If they are still in force what measures have been taken, or plan to be taken to ensure the current and future owners are not in breach of these certificates?

If the certificates are not in force please confirm the decision process leading to the revocation, and the replacement conditions which were applied?

Yours faithfully,

Bernard Elbourn

Claire Grant, Thanet District Council

 
 
Ref No:84701
Subject:Manston Airport Title Certificates
 
Dear Mr Elbourn
 
Thank you for your correspondence of 06/01/2016  requesting information
about Manston Airport Title Certificates.
 
Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be answered within 20 working days. 
 
If you have any queries about this request, please contact me quoting the
reference number above.
 
Yours sincerely,
 
 
 
 
 
Claire Grant
Customer Contact and Engagement Officer
 

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Claire Grant, Thanet District Council

 
7 January 2016
 
Ref No:84701/3211787
Subject:Manston Airport Title Certificates
 
Dear Mr Elbourn
 
Thank you for your correspondence received 06/01/2016  where you requested
information about Manston Airport Title Certificates.
 
From our preliminary assessment, it is clear that we will not be able to
answer your request without further clarification. 
 
Thanet District Council requires further information in order to identify
and locate the information you have asked for.  In particular, it would be
useful to know  in detail what information you would like us to provide
and which title certificates you refer to.
 
You may also find the Information Commissioner's website useful, it gives
advice and guidance on submitting Freedom of Information Act requests;  I
hope you will find the following link of use 
[1]https://ico.org.uk/for-the-public/offici...
 
Once you have clarified your request, I will be able to begin to process
your request.  If I do not receive clarification within three months your
request will be considered to have lapsed.
 
Please remember to quote the reference number above in any future
communications.
 
 
 
Yours sincerely,
 
 
Claire Grant
Customer Contact and Engagement Officer
 
 
 

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Dear Claire Grant,

Thank you for your prompt reply. The certificates are referred in the judgement detail as described in my original request. I located a full copy of the judgement here:

http://www.richardbuxton.co.uk/transcrip...

Yours sincerely,

Berni Elbourn

Claire Grant, Thanet District Council

I am currently out of the office and will return on Monday 11th January
2016.  If your enquiry is urgent please contact
[email address]

 

Iain Livingstone, Thanet District Council

3 Attachments

 
Ref No: 84701/3211787
Subject:        Manston Airport Title Certificates
 
Dear Mr Elbourn
 
Thank you for your communication received on 06/01/2016 where you
requested information about Manston Airport Certificates.
 
Certificates of Lawful Development from Manston Airport, issued under
references CD/TH/98/0398, CD/TH/98/0399 and CD/TH/98/0400 are attached.
 
In relation to your subsequent questions, the lawful development
certificate is a  procedure whereby a developer/owner/applicant may
formally establish whether what is proposed to be done or what has already
been done is 'lawful', in that no planning permission is required and no
enforcement action may be taken at the time the application for a
certificate is made. These certificates established that the development
as described in the decision notices attached were 'lawful' in planning
terms. The process established the lawful development at the time that the
application for certificates were made, therefore they are a matter of
record rather than 'remaining in force' as you describe in your
correspondence.
 
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: Information Request Assessor,
Thanet District Council, PO Box 9, Cecil Street, Margate, Kent CT9 1XZ, or
email to [email address]
 
Please quote the reference number above in any future communications.
 
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF
 
Yours sincerely,
 
 
 
Iain Livingstone
Planning Applications Manager
 

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Berni Elbourn left an annotation ()

Thank-you TDC for locating, and explaining the information and context..

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