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Removal of Permitted Development Rights

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Dear Kirklees Borough Council,

1. Can you confirm that the following (pulled from the planning web pages) is accurate:

You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate; if your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition.

Does this rule also apply if an existing boarder of trees was removed (without neighbors permission) and replaced by a fence by the resident who had permitted development rights removed.

In a case where permitted development was removed what action would planning take if a complaint was made?

2. Can you also confirm what development can or cant take place for this property which has had it's 'permitted development' rights removed (83/6189).

3. Please can you confirm the restrictions for erected a shed, greenhouse or summerhouse in the front garden of a property which had permitted development rights removed. Also can you provide information/rules for erection a given structure in any front garden.

In a case where permitted development was removed what action would planning take if a complaint was made?

4. If the deeds contain the following conditions are they enforceable and would this be a complaint to the council?
- Green Screen Boarder to remain in place due to privacy.
- Only 1 dog or 1 cat allowed.
- Conditions not to impose any disruption on neighboring properties in terms if boarder disputes.

If this was breached what action would planning take?

5. Can a resident who has no permitted development install an adjacent facing window direct to my property without planning permission and what are the rules surrounding privacy laws.

In a case where permitted development is removed what action would planning take if a complaint was made?

6. Can you confirm the definition of landscape planning/scheme and can this be enforced if not adhered too?

7. If an extension has been built despite the removal of permitted development and that no planning application was put in place and the build was concealed can this be deemed as unauthorized development. What action would planning take and is there a time limit.

8. Could you provide the councils corporate complaints procedure in relation to concerns surrounding planning enforcement and also for breach of GDPR.

Many Thanks
Amanda

Freedom Info, Kirklees Borough Council

Dear Ms Briggs

20278 Freedom of Information request - Removal of Permitted Development Rights

I confirm receipt of your information request and that we are dealing with this and will respond to you in due course.

The Freedom of Information Act 2000 and Environmental Information Regulations 2004 allow up to 20 working days for responding to information requests.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Regards

Information Governance Team
The Democracy Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

For more information about how we deal with your personal data, see www.kirklees.gov.uk/privacy

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Freedom Info, Kirklees Borough Council

Dear Ms Briggs                                 

 

RE: 20278 - Removal of Permitted Development Rights

 

I am writing in response to your request dated 27 July 2019.  This has
been dealt with under the Freedom of Information Act 2000.

 

The Council’s response to your request is set out below:

 

The Council does hold the requested information but considers some of this
exempt under Section 21 of the Freedom of Information Act, because the
information is reasonably accessible to you by other means, because it is
already in the public domain.

 

Section 21 of the Act provides that:

 

(1) Information which is reasonably accessible to the applicant otherwise
than under section 1 is exempt information.

(2) For the purposes of subsection (1)—

(a) information may be reasonably accessible to the applicant even though
it is accessible only on payment, and

(b) information is to be taken to be reasonably accessible to the
applicant if it is information which the public authority or any other
person is obliged by or under any enactment to communicate (otherwise than
by making the information available for inspection) to members of the
public on request, whether free of charge or on payment.

(3) For the purposes of subsection (1), information which is held by a
public authority and does not fall within subsection (2)(b) is not to be
regarded as reasonably accessible to the applicant merely because the
information is available from the public authority itself on request,
unless the information is made available in accordance with the
authority’s publication scheme and any payment required is specified in,
or determined in accordance with, the scheme.

 

1. Can you confirm that the following (pulled from the planning web pages)
is accurate:

 

You will need to apply for planning permission if you wish to erect or add
to a fence, wall or gate; if your right to put up or alter fences, walls
and gates is removed by an article 4 direction or a planning condition. 

 

Does this rule also apply if an existing boarder of trees was removed
(without neighbors permission) and replaced by a fence by the resident who
had permitted development rights removed.

 

In a case where permitted development was removed what action would
planning take if a complaint was made

Information on when planning permission is required is in the public
domain. Details of when planning permission is required can be viewed at:
[1]https://www.planningportal.co.uk/info/20...

This information including whether permitted development rights have been
removed can also be found at:

[2]https://www.kirklees.gov.uk/beta/plannin...

 

Enforcement action following a complaint is discretionary and will depend
on individual circumstances and the level of public harm. The Council’s
approach to Planning Enforcement is outlined in its Compliance Strategy
available to view at:
[3]https://www.kirklees.gov.uk/beta/plannin...

 

2. Can you also confirm what development can or cant take place for this
property which has had it's 'permitted development' rights removed
(83/6189).

See above

3. Please can you confirm the restrictions for erected a shed, greenhouse
or summerhouse in the front garden of a property which had permitted
development rights removed.  Also can you provide information/rules for
erection a given structure in any front garden.

 

In a case where permitted development was removed what action would
planning take if a complaint was made?

See above

4.  If the deeds contain the following conditions are they enforceable and
would this be a complaint to the council?

-  Green Screen Boarder to remain in place due to privacy.

-  Only 1 dog or 1 cat allowed. 

 - Conditions not to impose any disruption on neighboring properties in
terms if boarder disputes.

 

If this was breached what action would planning take?
Property deeds are private matters for the landowner and are not covered
by Planning legislation

 

5. Can a resident who has no permitted development install an adjacent
facing window direct to my property without planning permission and what
are the rules surrounding privacy laws.

 

In a case where permitted development is removed what action would
planning take if a complaint was made?

See above

6. Can you confirm the definition of landscape planning/scheme and can
this be enforced if not adhered too?

This Council has no such definition

 

7.  If an extension has been built despite the removal of permitted
development and that no planning application was put in place and the
build was concealed can this be deemed as unauthorized development.  What
action would planning take and is there a time limit.

This information is in the public domain
[4]https://www.kirklees.gov.uk/beta/plannin...

8. Could you provide the councils corporate complaints procedure in
relation to concerns surrounding planning enforcement and also for breach
of GDPR.

This information is in the public domain and can be found on the Council’s
website.
[5]https://www.kirklees.gov.uk/beta/plannin...

[6]https://www.kirklees.gov.uk/beta/informa...

[email address]

 

If you are not content with the handling of your request, you have the
right to ask for an internal review.  Requests for internal reviews should
be submitted within 2 months of the date of receipt of the response to
your original request and should be addressed to the Monitoring Officer,
1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. 
Alternatively, you can send an email to:
[email address]. 

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of any review you have the right
under section 50 of the 2000 Act to apply to the Information Commissioner
for a decision as to whether your request for information has been dealt
with in accordance with the requirements of the Act.  The Information
Commissioner’s website is at www.ico.org.uk and gives more information
about the role and duties of the Commissioner.  The Information
Commissioner can be contacted at: Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely

 

Information Governance Team

The Democracy Service

Telephone: 01484 221000 (voice activated switchboard – please ask for
Freedom of Information)

 

For more information about how we deal with your personal data, see
www.kirklees.gov.uk/privacy

 

 

 

 

 

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This email and any attachments are confidential. If you have received this
email in error – please notify the sender immediately, delete it from your
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Kirklees Council monitors all emails sent or received.

References

Visible links
1. https://www.planningportal.co.uk/info/20...
2. https://www.kirklees.gov.uk/beta/plannin...
3. https://www.kirklees.gov.uk/beta/plannin...
4. https://www.kirklees.gov.uk/beta/plannin...
5. https://www.kirklees.gov.uk/beta/plannin...
6. https://www.kirklees.gov.uk/beta/informa...
7. http://www.kirklees.gov.uk/
8. https://www.kirklees.gov.uk/
9. http://www.kirkleestogether.co.uk/
10. http://www.kirklees.gov.uk/stayconnected
11. https://www.facebook.com/liveinkirklees
12. https://twitter.com/KirkleesCouncil

Dear Freedom Info,

1. Can you confirm that the following (pulled from the planning web pages) is accurate:
You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate; if your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition.
Does this rule also apply if an existing boarder of trees was removed (without neighbours permission) and replaced by a fence by the resident who had permitted development rights removed.
In a case where permitted development was removed what action would planning take if a complaint was made Information on when planning permission is required is in the public domain. Details of when planning permission is required can be viewed at:
[1]https://www.planningportal.co.uk/info/20...
RESPONSE: From this link I can derive that you will require planning permission if your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition. This is the information that I sought before making a FOI request.
There is nowhere on the site to search on an individual property to see if this condition applies. Please can you confirm how I can search or request information on an individual property to see if this condition applies. Can you also confirm if there was a breach what action would be taken?

This information including whether permitted development rights have been removed can also be found at:
[2]https://www.kirklees.gov.uk/beta/plannin...
RESPONSE: Again I have searched this link before making a FOI request and can confirm that the property in question has its permitted development rights removed (This property has had its 'permitted development' rights removed (83/6189)). Can I ask for you for provide information for where I can see what conditions that are enforceable and if article 4 direction applies.

Enforcement action following a complaint is discretionary and will depend on individual circumstances and the level of public harm. The Council’s approach to Planning Enforcement is outlined in its Compliance Strategy available to view at:
[3]https://www.kirklees.gov.uk/beta/plannin...
RESPONSE: I read this article before making the FOI request and I can see that potential loss of privacy is classed as low; please could you confirm? If your decision is based on the level of public harm does this not make a mockery of planning for lesser cases?
In terms of statistics please can you provide a table of enforcements make in the Kirklees area based on the number of reports split by success and failure for a 5 year period. If you could also provide a further breakdown based on the level of harm? Can you also include any requests that have been ignored?

2. Can you also confirm what development can or cant take place for this property which has had it's 'permitted development' rights removed (83/6189).
See above
RESPONSE: As above I can see that this property has had its 'permitted development' rights removed (83/6189)). However, it does not detail if article 4 direction applies. Please could you confirm how I can apply for this information? As despite conversations and search of historic document this information is not very clear. I would like to request the actual condition that can be enforced in detail.

3. Please can you confirm the restrictions for erected a shed, greenhouse or summerhouse in the front garden of a property which had permitted development rights removed. Also can you provide information/rules for erection a given structure in any front garden.
In a case where permitted development was removed what action would planning take if a complaint was made?
See above
RESPONSE: This information in not clear from the link apart from the confirmation that permitted development rights are removed. Can you confirm where I can derive an understanding for this information because I cannot find this from any of the links?

4. If the deeds contain the following conditions are they enforceable and would this be a complaint to the council?
- Green Screen Boarder to remain in place due to privacy.
- Only 1 dog or 1 cat allowed.
- Conditions not to impose any disruption on neighboring properties in terms if boarder disputes.
If this was breached what action would planning take?
Property deeds are private matters for the landowner and are not covered by Planning legislation
RESPONSE: I disagree with the first item ‘Green Screen’ as this was a condition of the planning application. Can you confirm where I can request for official planning documentation to be validated in terms of accuracy? I am not asking for the council to enter into a dispute; what I am asking is for the council to validated information that they derived and created in terms of the green screen and if this was expected to be planted on the boundary according to the approved plans. If the council approved the plans I am sure you could confirm or explain if any questions are asked regarding them!

5. Can a resident who has no permitted development install an adjacent facing window direct to my property without planning permission and what are the rules surrounding privacy laws.
In a case where permitted development is removed what action would planning take if a complaint was made?
RESPONSE: I have researched the web links but can find no information which could relate to this building regulation hence the FOI. Please can you direct me to the correct information?

6. Can you confirm the definition of landscape planning/scheme and can this be enforced if not adhered too?
This Council has no such definition
RESPONSE: If this is the case can I ask why you would make this as part of the approval condition and state it would be enforced if not planted within a certain period. If there is not such definition why was this term use on official council documentation including committee meeting minutes. Please confirm.

7. If an extension has been built despite the removal of permitted development and that no planning application was put in place and the build was concealed can this be deemed as unauthorized development. What action would planning take and is there a time limit.
This information is in the public domain
[4]https://www.kirklees.gov.uk/beta/plannin...
RESPONSE: Before I made this request I reviewed the document and cannot find this information please could you direct me to the exact page and quote for deliberate concealment of development.

8. Could you provide the councils corporate complaints procedure in relation to concerns surrounding planning enforcement and also for breach of GDPR.
This information is in the public domain and can be found on the Council’s website.
[5]https://www.kirklees.gov.uk/beta/plannin...
RESPONSE: Same document as quoted above but there are no links or reference to complaint; can you provide the correct link for corporate or complaint for the attention of Chief Executive.

[6]https://www.kirklees.gov.uk/beta/informa...
[email address]
RESPONSE: Thank you for the GDPR link

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be submitted within 2 months of the date of receipt of the response to your original request and should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to:
[email address].
RESPONSE: I will make this request via FOI and by the email link provided.

Yours sincerely,

Amanda Briggs

Freedom Info, Kirklees Borough Council

Dear Ms Briggs

20278 - Removal of Permitted Development Rights

Thank you for your email.

After reading its contents, it appears that you are asking for subsequent information rather than an internal review. Can you please confirm if this is the case?

Meanwhile, I will forward your questions to colleagues in the Council who may be able to assist.

Regards

Information Governance Team
The Democracy Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

show quoted sections

Dear Freedom Info,

My questions were not answered in the initial response hence the request for clarification.

Please could you provide a response.

Yours sincerely,

Amanda Briggs

Freedom Info, Kirklees Borough Council

Dear Ms Briggs

From an assessment of your further queries it would appear that some of them fall outside of the scope of the Freedom of Information Act. In order to assist you further, the service the service have suggested that you ring John Ritchie on 01484 221000 who will be able to help.

Regards

Information Governance Team
The Democracy Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

show quoted sections

Dear Freedom Info,

I will contact John Ritchie but after some initial email communications he suggested I contact FOI; which I went on to do.

Yours sincerely,

Amanda Briggs

We don't know whether the most recent response to this request contains information or not – if you are Amanda Briggs please sign in and let everyone know.