Reply to Hayley Martin for update of my request

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.

Waiting for an internal review by Hartlepool Council of their handling of this request.

alan harvey flounders

Dear Hartlepool Council,

Dear Hayley Martin,
It appears that my Freedom of Information requests have been combined with my Complaints,never the less, if you ask Customer Services you will find I am still awaiting numerous answers to my Freedom of Information requests contained in previous letters to Hartlepool Council, dated Monday 19th October 2009, why you have never received them is not for me to comment on.
On 24th December,2009, I received a reply from Stuart Green, which failed to convince me that a full investigation had been undertaken, I rejected his reply because it contained a number of misleading and completly untrue statements.I requested a full review, a letter of reply which again contained my original Freedom of Information requests requiring answers was sent by e-mail attachment on 7th January 2010. this atachment could not be opened it was claimed,so to avoid any further embarrassment,I personally delivered by Hand at the Main Council Office Complex,two copies of my original letters, one to Stuart Green and one to Liz Crookson on Wednesday 27th January 2010.
Liz Crookson very kindly sent me a e-mail the same day, to confirm that she had received my letters requesting a reveiw and would pass onto Stuart Green the other copy of my letters of request.
I do hope that this information will clarify the situation for you regarding you having no previous knowledge of my Complaint or my Freedom of Information requests.
I did meet in person and spoke on the telephone to your predecessor Alyson Carman in December 2008 and again in January 2009, when we did discuss some items mentioned above,in addition to any future possible legal claims against Hartlepool Council I may consider.

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]
nscsab on behalf of Customer Services

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alan harvey flounders

Dear Customer Service,
Would you please be good enough to confirm or deny that my objection to a Retrospective Planning application H/2009/0568 submitted yesterday Monday 8/2/2010. by e-mail was received by the correct department in addition will you please clarify if the office of Hayley Martin requires a copy. as I have received no acknowledgement nor am I able to read my adverse comments on your Internet site.

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

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 www.hartlepool.gov.uk

Yours sincerely

Hartlepool Connect
[email address]
on behalf of Customer Services

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Hayley Martin, Hartlepool Council

Dear Sirs

I have received a copy of your latest email via the Hartlepool Connect.

I can confirm that I am dealing solely with your Freedom of Information
request. Your request is being dealt with and you will receive a response
within 20 working days.

I do not therefore need to have sight of your retrospective planning
application. However I can confirm that it has been received by the
relevant department. Any further planning query should be directed to the
development control email address at
[1][email address]

Kind Regards

Hayley Martin

Constitutional & Administrative Solicitor

Legal Division

Civic Centre - Level 3

Tel: 01429 523182

Fax: 01429 523481

[2][email address]

www.hartlepool.gov.uk

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alan harvey flounders

Dear Hayley Martin,
Thank you for your very prompt reply to my e-mail dated 9/2/2010, and your confirmation that my letter of Objection to the Retrospective Planning Application H/2009/0568 is now lodged with the correct Planning Department.
There is however one point in your reply I would like to clarify, you state that you do Not wish to have sight of my Retrospective Planning Application, this is incorrect, I have never made such an Application, In my letter I strongly OBJECT to the granting of this Retrospective Planning Application H/2009/0568.

Yours sincerely,

alan harvey flounders

Hayley Martin, Hartlepool Council

Dear Sirs

Thank you for your email, please accept my apologies, my email should have stated that I don not need to have sight of your objections to the retrospective planning application.

I hope this clarifies matters.

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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Hayley Martin, Hartlepool Council

Dear Sirs

Further to your request for information received on the 3 February 2010 I
can respond as follows:

(a) Would you please provide me with a completed and dated

Validation check list with regards to the Retrospective Planning

Application H/2009/0568.

o The Council's validation check list for the planning application in
question, which is used to ensure that we have the necessary and
appropriate information to validate the planning application, and
proceed to process it, shows that the application included Certificate
A, completed by the applicant to indicate that all of the works were
on their land. However following queries raised by you and pursued
with the applicant, the Certification was amended to refer to
Certificate B, indicating that at least some of the application site
was in separate ownership, and notice of the application duly served
on you as partial site land owner.

(b) Would you please Confirm or Deny that Hartlepool Council have

in place a Monitoring System to Ensure that any Breaches of

Planning Conditions or Building Restrictions placed when first

granting the Original Planning Application are Fully Adhered too.

o The Council has in place monitoring arrangements to ensure compliance
with planning conditions and building restrictions

(c ) Would you please Confirm or Deny that Hartlepool Council have

a System in place to Ensure that any Breaches of Planning

Conditions or Building Restrictions have been Investigated,

Addressed and Rectified. before Approving a Retrospective Planning

Application for the same Building or Extension.

o The Council takes into account all relevant material planning
considerations when considering retrospective applications, but it is
impossible to generalise as each application is considered on its
merits and raises its own particular considerations

(d) The total number of Complaints, in 2008, 2009 Hartlepool

Council have received, alleging that some named Council Officers

had Lied, Misled and Deliberately given Untrue and Malicious

Fabricated Statements to Hinder an Investigation into a Formal

Complaint of Council Maladministration.

In 2008-09, the council received a total of 88 formal complaints. In
2009-10, the council has received 54 formal complaints to date.

The corporate complaints officer advises that, with the exception of your
own complaint, that she is not aware of any complaints in the time period
stated which allege "that some named council officers had lied, misled or
deliberately given untrue and malicious fabricated statements to hinder an
investigation into a formal complaint of council maladministration".
However, to provide you with definitive evidence that this is the case
would require further detailed investigations, as the information that you
have requested is not readily available.

Using the statutory rate of £25 per hour as set out in the Freedom of
Information and Data Protection(Appropriate Limit & Fees) Regulation 2004,
it is estimated that it would cost in excess of £500 to collect all the
information you require, which exceeds the appropriate limit of £450.
Your request would involve the checking of 142 formal complaint files for
allegations of officer misconduct during the investigation of a
complaint. Allowing 10 minutes per file, the cost of answering this
request would be £590. The figure of 10 minutes is taken as an average
to include those files which are quickly checked as well as those which
will require searches through extensive documentation. We are therefore
refusing this part of your request under Section 12(1) of the Freedom of
Information Act 2000. I am unable to offer you any advice or assistance
as to how you might narrow down your request so that it does not exceed
the £450 limit due to the need to go through all relevant files to check
for the information you have requested.

I can, however, inform you that the council has had no findings of
maladministration made against it by the Local Government Ombudsman in
2008-09 or in 2009-10 to date, for any reason. The Local Government
Ombudsman undertakes independent investigations of complaints against
local authorities when complainants are dissatisfied with how the council
has dealt with their complaint. Had it been decided that "council
officers had lied, misled or deliberately given untrue and malicious
fabricated statements to hinder an investigation into a formal complaint",
the Ombudsman's office would have undoubtedly deemed this to be
maladministration and made an appropriate finding.

I hope that this information deals with your request, however 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
request and should be sent to Chief Executives Department, Legal Services
Division, Level 3, Civic Centre, Hartlepool, TS24 8AY,
[email address].

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, www.ico.gov.uk.

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,

Would you please clarify your comments regarding retrospective planning application H/2009/0568, I was unaware that I had requested you to investigate my objections, in addition could you please explain certificate B served on myself, as ( part land owner,) I am unaware of these developments.

Yours sincerely,

alan harvey flounders

alan harvey flounders

Dear Hartlepool Council,
Dear Hayley Martin,
My e-mail alert indicates that I have received a reply from your good self but I am unable to locate it, would you please repeat your message,

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

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

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Freedomofinformation, Hartlepool Council

Dear Sirs

Further to recent email I attach a copy of the response sent to you
previously as discussed. This was acknowledged by you on the 23.2.10.

I have not been tasked with investigating your planning complaint; however
as Freedom of Information Officer I am required to respond to your
requests for information. It is for this reason that I responded to your
initial request which included details of complaints within the council
etc.

As both your email of 14.2.10 and your email reply to my response on the
23.2.10 are not strictly freedom of information requests as they relate to
your ongoing complaint I can advise that a response will be sent from the
Planning department shortly.

If you wish to make any further Freedom of Information requests, please
direct them to [1][Hartlepool Council request email]

I hope this clarifies matters.

Kind Regards

Hayley Martin

Constitutional & Administrative Solicitor

Legal Division

Civic Centre - Level 3

Tel: 01429 523182

Fax: 01429 523481

[2][email address]

www.hartlepool.gov.uk

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alan harvey flounders

Dear Hayley Martin,

Freedom of information

I was unaware that my request for clarification of Certificate "A" and Certificate "B" were not strictly Freedom of Information requests, to save any further embarassment or misunderstanding, I will resubmit my Freedom of Information requests regarding the validity of answers on the Planning check lists which I claim are not strictly true, I will also challenge that part of your answer indicating that I only have part ownership of the Property.

Yours sincerely,

alan harvey flounders

Freedomofinformation, Hartlepool Council

Dear Mr Flounders

Thank you for your email. Having spoken to the planning department I am hopeful that your queries regarding my email response to your FOI request will be dealt with in their (planning dept) response to you which will be sent out shortly.

I obtained the information sent previously from the planning department. As you do not agree with the contents of my email, I recommend you wait until you receive their response before submitting any further related request. As your comments relate directly to your complaint I also feel they should be made directly to the planning department rather than through the Freedom of Information access route.

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 Freedomofinforma

I note your comments regarding my awaiting a response before submitting any further related requests , I am still awaiting an answer from Planning,I believe that there are some basic principles involved here,would you please ensure that any further requests by myself are replied to under the Freedom of Information Act which contains a provision (section 11 ) requiring the requestor's preferred means of communication to be used where it is reasonable. a requestor using an @whatdotheyknow e-mail address is clearly expressing a preference for a reply to be made electronically via the site WhatDoTheyKnow.com which will ensure both the request, and it's response, are freely available to view online.
Yours sincerely,

alan harvey flounders

alan harvey flounders

Dear Hartlepool Council,
Dear Hayley Martin
As a lawabiding Income tax and council tax payer,I believe I have a legal right to peaceably protest to Hartlepool Borough Council regarding the following,
1.
I believe that the latest letter of reply to my F.O.I. requests I have received is a Pathetic and Disgraceful attempt to Justify the Granting of an Outrageous and Unlawful Retrospective Planning Decision, it fails completely.this is Undemocratic, Arrogant and is no more than a Complete Cover-Up.
2.
I requested you, the F.O.I. Officer to post your answers on the WHATDOTHEYKNOW Internet Site,as these were controversial Legal questions for all to see, I though you were a Solicitor Appointed by Hartlepool Council to answer F.O.I. requests from the public,I am disappointed to note that you replied that they were NOT F.O.I. requests, (5) of my requests were about Hartlepool Councils Legal requirements in Implementing the Recent High Court Rulings regarding Retrospective Planning Applications and a Legal explanation on the 4 (four) year rule handed down by the High Court Judge Sir Thayne Forbes, how can you claim these are NOT Legal questions,
3.
Can you explain why and on what grounds were these questions NOT genuine F.O.I. requests, yet you delegated the Development Control Manager himself , Mr.Reece/or Mr Richard Trow , who was personally involved himself , in this property dispute, in my Original objection, in August 2008,I asked who drew up the original drawing, when I pointed out the drawing indicated the new extension would be physically attached to my property, he stated that he would alter the drawings with a tipex pen.(no conflict of Interest there then ) to answer these Legal F.O.I. questions, would you please explain to me, what Legal qualifications does the Unelected Council Planning Officers hold to enable them to give a legal interpratation on High Court Judge Sir Thayne Forbes Legal rulings on the granting or refusal of Retrospective Planning Applications.
4.
These Unelected Council Planning Officers have completely rejected the Recent High Court Explanation and Judgement Ruling handed down by Sir Thayne Forbes regarding Retrospective Planning Applications. which was appataining to my objection, I find this appalling and I think this Legal Issue will no doubt be raised as "quite an important one for the future"
I have no intension of letting this Miscarriage of Justice go Unchallenged.
5.
According to this letter, the Retrospective Planning Application decision was NOT made by the Democratic Elected Councillors on the Planning Committee, who I though and Believed Considered all CONTROVERSIAL Retrospective Planning Applications, but by the Development Control Manager Mr Reece/or Rishard Trow, why do we have Democratically Elected Councillors, if they have no input or are not involved in discussing such CONTROVERSIAL Important Legally Challenging Decisions. is this the type of Openness
, Transparentcy and Democracy we can now expect from our Elected Councillors, not forgetting our Elected Mayor, Mr Stuart Drummond,( did I waste my vote )
How can anyone in Hartlepool say that these decisions are made Democratically.
The Freedom of Information Act contains a provision (section 11 ) requiring the requestor's preferred means of communication to be used where it is reasonable. A requester using an @whatdotherknow email address is clearly expressing a preference for a reply to be made electronically via the site. WhatDoTheyKnow.com which ensures both the request, and its response, are freely available on line. I once again request that I be given this courtesy,no more letters be sent to my home address.

Yours faithfully,

alan harvey flounders

Freedomofinformation, Hartlepool Council

1 Attachment

Dear Mr Flounders

Thank you for your recent emails.

AS previously explained your emails have covered various issues which do not all come under Freedom of Information legislation. As well as your ongoing complaint, the information you have requested covers both personal information and environmental information. The questions posed in relation to the High Court ruling are not requests for official information held by the Council they are general queries on council policy.

Your queries on council policy in relation to the High Court ruling were provided with the input of the legal division as set out in the letter at page 3. The unelected planning officers are not legally qualified which is why they referred to the advice they had received from the legal division on this matter. Again I consider the response provided by the planning department with the input of the legal division in relation to the High Court ruling to have addressed these policy issues.

The whatdotheyknow website clearly states that the site should only be used for freedom of information requests and should not be used to request information about yourself or to 'argue your cause.'

You are clearly unhappy with the planning decision and as such I suggest you may wish to invoke the Council's Corporate Complaints procedure which can be accessed by following this link:

http://www.hartlepool.gov.uk/site/script...

Alternatively you may wish to seek your own independent legal advice in relation to your assertion that you consider the planning decision to be unlawful.

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,
Dear Hayley Martin,
Thank you for your latest reply,Will you please explain the following, why is my Planning Freedom of Information request not valid ? you have previously stated on 26th February 2010, that The Councils Validation check list for the Planning Application H/2009/0568.which is used to ENSURE that you have the necessary and appropriate Information to VALIDATE the the Planning Application, and proceed to process it, shows that the application included Certificate "A" completed by the applicant to indicate that ALL the Works were on their Land, However following queries raised by me and pursued with the applicant, Certificate "A" was amended to Refer to Certificate "B"
Indicating that at least SOME of the application SITE was now in a separate Ownership, (NOT TRUE )and a notice of application duly served on me, as Partial Site Land Owner ( I repeat, to Honestly and Truthfully VALIDATE and CONFIRM the ownership details recorded on your CERTIFICATE "B" an Inspection and Examination of OUR Land Title Deeds CE 74844, Purchased and Paid for from Yourselves, Hartlepool Borough Council, on !st February 1984, and Recorded and Registered with Land Registry, would have PROVED that the Ownership details recorded on YOUR CERTIFICATE "B" were and are INCORRECT (unless Hartlepool Borough Council Chief Solicitor J ANTHONY BROWN, took payment from my wife and I for part of our property, Hartlepool Borough Council, did not own or had any LEGAL RIGHT to sell )?
As a lawabiding Income Tax and Full Council Tax payer. I have a Legal Right to ask you the Town Solicitor the following questions,
What Legal Documentation, Land Title Deeds, Registered and Recorded with Land Registry, or any other Documents, were Examined or Consulted by Officers of Hartlepool Borough Council to arrive at their Decision, that at Least some of the Applicants Site was in Seperate Ownership, as stated in your VALIDATION Check List contained in CERTIFICATE "B".
Before allowing this retrospective Planning Application to be granted.

Yours sincerely,

alan harvey flounders

alan harvey flounders

Dear Hayley Martin,
Your extreme tardiness in responding to my Freedom of Information requests is now one month overdue is both deplorable and inexcusable, I am a law abiding income tax and Hartlepool council tax payer and believe I am entitled to a courteous reply,

May I further remind you once again,of the following, it is MY understanding that the only way anyone can become a true LEGAL owner of Land and Property is to obtain a CONVEYANCE and then have your Solicitor Register the Land Title in the Land Register.

Our Land Title Deeds CE 74844 Title Absolute, clearly shows EXACTLY what Property and Land Details we PURCHASED when buying our Council House from you, Hartlepool Borough Council,in February 1984,Our Land Title Deeds were confirmed and signed by Hartlepool Borough Councils, Chief Solicityor J Anthony Brown,and our Solicitors Levinson, Walker and Lister, our Receipt for our MORGAGE Redemption Final Payment was Signed by Hartlepool Borough Councils Chief Financial Officer Mr. J.D. WALTON, ( which we still Possess )

Your Legal Department are aware of all this, yet your Legal Department allowed Certificate "A" and Certifiicate "B"
Hartlepool Council Validation Certificate of Ownership, Check Lists to be submitted for Validation of Property Ownership for Retrospective Planning Applications to be granted, without any serious attempt to ENSURE that the Applicant is the Legal Owner of the said Property, why was our Land Title Deeds CE 74844 not Examined, it is INCREDIBLE, but TRUE, who submitted these False Certicicates.
Some-one in Hartlepool Borough Council as something to hide ?

Under the circumstances, will you please produce and supply me with a copy of the Following Documents, which I will need to produce before taking this Property Fraud Matter through the Justice System?

What Legal Documents, Land Title Deeds , Registered and Recorded with Land Registry or any other Documents, Examined or Consulted by Hartlepool Borough Council Officers (their names ) which clearly States or Contains any Details not Recorded on my Original Land Title Deeds,that part of my Land and Property was in Seperate Ownership,as Hartlepool Borough Council have Previously Claimed, was Used to ENSURE that you Hartlepool Borough Council, had the Neccessary and Appropriate Information to VALIDATE and therefore Grant this Controversial RETROSPECTIVE Planning Application which Trespassed and Encroached over my Wash-House Roof,and was physically attached secretly and without Planning Permission, to the wall of my property, causing substantial criminal damage.

Will you please ensure that Information Procedure rules are complied with, and reports and background papers are made Publicly available as soon as possible.

Yours sincerely,

alan harvey flounders

Freedomofinformation, Hartlepool Council

Dear Sirs

Thank you for your email.

I acknowledge receipt of the request for information set out in the penultimate paragraph of your email.

I note your unnecessary and may I say unwarranted statement in the first paragraph of your email. As I have said previously your previous emails have all been responded to with the exception of that received on the 28 March 2010. Therefore a response is clearly not a month overdue, as even if I deem the email to be a Freedom of Information request the 20 working day deadline does not expire until the 23 April 2010. The email of the 28 March and your latest of the 8 April have been forwarded to my client department and I await their instructions.

The deadline for responding under the Freedom of Information Act to your 8 April request is the 6 May 2010.

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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Freedomofinformation, Hartlepool Council

Dear Sirs

Further to your recent emails I have received the following from the
planning department. Again I consider this to be an issue between yourself
and the planning department. Therefore if you have any queries or dispute
the information set out below you should contact the planning department
or specifically [1][email address]

In response to your query about Certificate B:

Certificate A of the application form was originally signed when the
planning application was submitted. This would indicate that the
applicant was the owner (owner is a person with a freehold interest or
leasehold interest with at least 7 years left to run) of any part of the
land or building to which the application relates. Following a site visit
by the case officer Richard Trow to the application site and your property
on 3rd December 2009 the planning application form has been amended so
that Certificate B has been signed. Certificate B is signed and notice
served on anyone who, on the day 21 days before the date of this
application, was the owner of any part of the land or building to which
the application relates. The application form was requested to be amended
as works to the constructed extension (now approved) included the
re-roofing of part of your outhouse, not considered to be in the ownership
of the applicant, as outlined in the Council letter to yourself dated 19
February 2010. The new Certificate B indicates that the relevant notice
was served upon you by the owner of 46 Ridlington Way on 18 January 2010.

The above clarifies the position with regard to the signing of Certificate
B.

With regard to the following:

As a lawabiding Income Tax and Full Council Tax payer. I have a legal
Right to ask you the Town Solicitor the following questions, What Legal
Documentation, Land Title Deeds, Registered and Recorded with Land
Registry, or any other Documents, were Examined or Consulted by Officers
of Hartlepool Borough Council to arrive at their Decision, that at Least
some of the Applicants Site was in Seperate Ownership, as stated in your
VALIDATION Check List contained in CERTIFICATE "B". Before allowing this
retrospective Planning Application to be granted.

In response to the above the Local Planning Authority are aware of
ownership issues between Mr Flounders and the adjoining owner. The
following informative was attached to the decision notice for the latest
approved planning application:

The site location plan indicates that the applicant is the owner of the
land to which the ground floor w/c is located. We are aware that
ownership of the toilet has been questioned and is being investigated.
Should this or previous developments be constructed upon land, or within
buildings/structures of the adjoining properties there is potential for
the owners of these properties to take civil proceedings to seek the
removal of the works if carried out without the consent of these land
owners.

With regard to Mr Flounders' request outlined previously, the Local
Planning Authority sought the signing of Certificate B as the works which
had been undertaken, specifically the re-roofing of Mr Flounders'
outhouse, were outside the red edge (site boundaries) outlined on the
submitted plans.

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,
Dear Hilary Martin,
Thank you for your recent reply, although I still disagree with your comments,
THE FREEDOM of INFORMATION ACT is I believe the "LITTLE PEOPLE'S CHARTER" it is MY Understanding that I have a Legal Right to ASK for INFORMATION,
I believe that your last reply is once again a DELIBERATE attempt to OBFUSCATE the Truth, I still maintain my Request for Information is NOT a Planning Matter (as you claim) Retrospective or Otherwise, and my Understanding is that Even if it was a Freedom of Information request regarding a Planning Issue, I doubt you would , under the Law, have a strong case for Refusing to give me the Information I have Requested.
I do not apologise for repeating the following,
It is MY understanding that the ONLY way ANYONE can become a true LEGAL OWNER of Land and Property is to Obtain a "CONVEYANCE" and then have your Solicitor Register and Record the Land Title in the Land Register.as Our Solicitors Levinson, Walker and Lister Did, after we PURCHASED our Land and Property from yourselves, HARTLEPOOL BOROUGH COUNCIL, in 1984.

OUR Land Title Deeds CE 74844, TITLE ABSOLUTE, Clearly Shows EXACTLY what Property and Land Details we PURCHASED when buying OUR Council House from HARTLEPOOL BOROUGH COUNCIL, 1st February 1984.
OUR Land Title Deeds were CONFIRMED and SIGNED by the HARTLEPOOL BOROUGH COUNCILS Chief Solicitor MR. J.Anthony Brown,and Our Solicitors Levinson,Walker and Lister, OUR Receipt for OUR MORGAGE Redemption FINAL Payment was Signed by the HARTLEPOOL BOROUGH COUNCIL Chief Financial Officer, Mr.J.D.Walton, (which we still Possess)
We are Absolutely Amazed that NO-ONE from HARTLEPOOL BOROUGH COUNCIL,has EVER asked to EXAMINE OUR Original Legal Land Title Deeds through- out this Dispute?
This is far to "SERIOUS" an "ISSUE" to "IGNORE" and it is to Harmful to our DEMOCRACY to PRETEND that it can all be "SWEPT under the CARPET"
This Clearly Confirms My Suspicions that Officers of HARTLEPOOL BOROUGH COUNCIL are Unable to Challenge our LEGAL Ownership Details on OUR Land Title Deeds CE 74844, Yet these Officers have CLAIMED to have EXAMINED ALL NECESSARY and APPROPRIATE INFORMATION to VALIDATE and Therefore GRANT the Retrospective Application,? These are the Documents We wish to EXAMINE ?

"Will you PLEASE Produce and Supply US with a COPY of ANY and ALL Documents which HARTLEPOOL BOROUGH COUNCIL Officers (Planning or Legal ) claim to have EXAMINED and CONSULTED which Clearly States or Contains ANY Details NOT Recorded on OUR ORIGINAL Land Title Deeds CE 74844, that PROVES that Part of OUR Land and Property which we BOUGHT and have PAID for in FULL from HARTLEPOOL BOROUGH COUNCIL in ALL Good Faith, as Detailed and Legally Recorded on OUR Land Title Deeds CE 74844 was in SEPERATE OWNERSHIP which Officers of HARTLEPOOL BOROUGH COUNCIL CLAIM "THEY" EXAMINED and CONSULTED to ENSURE that HARTLEPOOL BOROUGH COUNCIL had ALL the NECESSARY ans APPROPRIATE Information to
Legally "VALIDATE" and therefore "GRANT" this Controversial RETROSPECTIVE Planning Applicate.?

This is NOT a Planning Application, We are the LEGAL Owners of our Property, Purchased in ALL Good Faith From Hartlepool Borough Council,in 1984, and WE demand the Right to Examine ANY and ALL Documents that enables HARTLEPOOL BOROUGH COUNCIL Officers to attempt to Deprive us of ANY of OUR Legal Purchased Land and Property,?

Yours sincerely,

alan harvey flounders

Freedomofinformation, Hartlepool Council

Thank you for your email.

I will forward this to the planning department and await their instructions as to your request for the land documents.

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

show quoted sections

Fred Ormerod left an annotation ()

All this talk of whether they are, or are not, FOI requests... given the subject matter, I'd say the questions are more likely requests for 'environmental information', and thus should be considered in accordance with the Environmental Information Regulations 2004.

alan harvey flounders left an annotation ()

Hi Fred Ormerod,

Thank you for Comments, We are All Entitled to Our Opinions, but I think you are Missing My Point, Dishonest Efforts are Being Made to Deprive ME of Land and Property I BOUGHT and PAID for. Please Read All MY Comments , Even Those on Land Registry ?

I Only Know that Without this Very Excellent Site, WHAT DO THEY KNOW, I Would Still Be at the Starting Post regarding F.O.I. Requests, Unfortunately But True,
I Have Tried to Follow Other Systems Without Success, Its Just a Waste of Time,
Some Councils Use ANY Excuse to Delay Responding to Requested Information, Which Can and Would Expose Some Council Officers Attempting to Conspire to Conceal the Truth,Especially When The Councils Themselves are the Guilty Party,
I Firmly Believe that My Freedom of Information Requests Needed No Clarification, They are Clear, Concise, and Specific,But a Honest Answer Would Expose Some Very Unethical Practices,Such as Those Highlighted and Discussed in Another Very Good Site, by Mr. Trevor R Nunn.

Freedomofinformation, Hartlepool Council

Dear Sirs

I have now received instructions regarding your request for copies of the
ownership documents consulted during the planning application process.

The planning department are unable to provide any further information
other than what has already been sent to you regarding the ownership
enquiries made by the planning department when determining your
neighbour's application.

When considering a planning application, a planning authority is not
statutorily required to ensure that the applicant has any present interest
in the land that is subject to the application i.e. an applicant does not
have to own all of the land in question to make an application for
planning permission. Therefore as your neighbour did not have an interest
in all of the land affected by the application they were required to give
notice of the application to you.

Under section 65 of the Town and Country Planning Act 1990 and Article 6
of the General Development Procedure it is provided that:

(1)...an applicant for planning permission shall give requisite notice of
the application to any person (other than the applicant) who on the
prescribed date is an owner of the land to which the application relates,
or a tenant,-

(a) by serving the notice on every such person whose name and address is
known to him; and

Hence the reason that the Certificate B notice was served on you.

The Local Authority are satisfied that the planning application process
was completed correctly and that any further issue you have regarding your
ownership dispute with your neighbour should be taken up in the Civil
Courts. You may therefore wish to obtain your own independent legal
advice.

Again, if you remain dissatisfied details of the Council's Corporate
Complaints procedure can be accessed by following this link:

[1]http://www.hartlepool.gov.uk/site/script...

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

show quoted sections

alan harvey flounders

Dear Freedom of information,

Thursday 22 nd. April 2010.
Freedom of Information Officer.
Dear Hayley Martin,

Thank you for your Recent Reply to My FO.I. Requests, It Is My Honest Opinion, that these Hartlepool Borough Councils Answers from your Planning Department are Truly Outrageous. A Catalogue of LIES
and ERRORS and DELIBARATE EVASIONS, and I Feel an Attempt to
Derail My FOI Requests Once Again.

Will You Please Obtain the Copies of the Documents I Previously Requested
or Alternatively Provide a Reason “ WHY “ NONE” of the Copies of Documents Requested Have Been Provided. ? I am Already Suspicious.

Your Previous Reply, Your Words NOT Mine.
23rd February 2010.
Validation Check LIST with Regards to the “RETROSPECTIVE “ Planning
Application H/2009/0568.

“The Council's VALIDATION check list for the Planning Application in
Question, which is “USED” to “ ENSURE “ that we “HAVE” the Necessary and Appropriate Information to “ VALIDATE “ the Planning Application and Proceed to Process It “ SHOWS “ That the Application
Included CERTIFICATE “A” “COMPLETED “ by the APPLICANT
to Indicate that “ ALL” of the Works Were on “THEIR” Land , However Following Queries Raised by you and Pursued with the Applicant, the Certification was” Amended “ to Refer to CERTIFICATE “ B “
Indicating that at Least “SOME “ of the Application site Was In
“SEPARATE OWNERSHIP”
( To “VALIDATE”, “AUTHENTICATE” to “VERIFY” to “PROVE “)

“This then “MUST” be Viewed with “GRAVE SUSPICION “ Our Land Title CE 74844, Clearly “Confirms” that the Land and Property We “BOUGHT” and “PAID” for FROM “ Hartlepool Borough Council,” and Registered by Land Registry is in “OUR TITLE.” “ANY” Attempt by Hartlepool Borough Council to Deprive Us of OUR Legally Purchased Property , Will Be Vigorously and Legally Challenged in the COURTS.

( I Have No Intension of Allowing this Serious Fraudulent Attempt to Deprive Us of OUR Land and Property, to Be Swept under the Carpet .)

( The Planning Department State that they are “UNABLE” to Provide ANY Further Information Other than What has Already Been “SENT” to You Regarding The Ownership Enquires Made by The Planning Department.
When Determining My Neighbours Application,
( This Is NOT TRUE , A Complete FABRICATION )

I Await For What Should Be a very Interesting “Explanation “as No Doubt will Many Others on the Wide World “Internet “ Site.
in Addition I Intend To Submitt This Request for Information onto The Local Internet Site, Scrap Heap Challenge, as soon a Possible
Yours sincerely,

alan harvey flounders

Freedomofinformation, Hartlepool Council

Dear Sirs

Thank you for your email. I have taken instructions and can advise as follows:

The information regarding ownership has been sent to you in previous emails and letters. In determining the retrospective planning application I can advise that title documents CE 74844 were not consulted as there was no legal requirement to do so. I am therefore unable to provide you with the information you have requested.

Unless you have a further request which falls under Freedom of Information/Environmental/Data Protection legislation, I believe communication in relation to this matter should now cease.

Again, if you wish to make a formal complaint please refer to our website:

http://www.hartlepool.gov.uk/site/script...

As previously explained your emails, have covered various issues which do not all come under Freedom of Information legislation. As well as your planning complaint, the information you have requested covers both personal information and environmental information.

If you are insistent that your emails constitute a proper request for information under the Freedom of Information/Environmental Information legislation then 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 request and should be sent to Chief Executives Department, Legal Services Division, Level 3, Civic Centre, Hartlepool, TS24 8AY, [email address].

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, www.ico.gov.uk.

Kind Regards

Hayley Martin

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

show quoted sections

alan harvey flounders

Dear Hartlepool Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Hartlepool Council's handling of my FOI request 'Reply to Hayley Martin for update of my request'.

Your failure to produce ANY of the Documents and Information previously Requested,

Will you please Produce and Nake Available to us a Copy of ANY and ALL Documents Which Hartlepool Borough Council Officers ( Planning and Legal )Claim to Have Examined and Consulted to Ensure that Hartlepool Borough Council had All the Necessary and Legal Documentation to VALIDATE and therefore GRANT the Controversial Retrospective Planning Application

Any Documentary Evidence they Examined to Disprove our Ownership,of ANY Part of Our Land and Property Legitimately Purchased From Hartlepool Borough Council, Conveyed , Recorded and Registered with Land Registry in 1984.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/re...

Yours faithfully,

alan harvey flounders

Alyson Carman, Hartlepool Council

1 Attachment

Dear Mr Flounders

FREEDOM OF INFORMATION ACT 2000

INTERNAL REVIEW

I have conducted a review of the file held by Hayley Martin and would
respond as follows:-

The purpose of the review is, in accordance with ICO (the Information
Commissioner's Office) guidance to carry out a thorough reconsideration of
the decision and handling of the request.

Your original request was received on the 3rd February 2010 and responded
to on the 23 February 2010 and therefore met the 20 working day deadline
for a response.

I note at (a) that you requested a copy of the Council's validation
checklist but this does not appear to have been provided, although there
is confirmation that the Council's validation checklist was applied. I
asked the Planning Department for a copy and they have provided a copy of
the validation report relating to the application in question. I am sorry
this was not provided in response to your original request.

Part (b) and (c) of your request are questions of the Council, which
although not strictly regarded as a valid request, under the provisions of
the Act, were responded to in the spirit of the Act

Part (d) of the request was responded to in part, but in order to provide
the full information would have necessitated a cost to the Council to
provide in accordance with the fees regulations relevant to the Act and
therefore the information was not provided, but an explanation as to how
the estimated cost was calculated was given, which again is in accordance
with the fees regulations. If you wish to consider payment of the costs to
provide this information, please let me know. Indeed, in meeting our duty
to provide advice and assistance, information was provided in relation to
the Local Government Ombudsman's findings in respect of complaints during
the relevant period. This latter information was not part of the request,
but was provided to you under the advice and assistance principles of the
Act.

Therefore, I am satisfied that (b), (c) and (d) were responded to
satisfactorily.

I understand that between the time of your FOI request and the response to
this request on the 23rd February, that a letter from the Council's
planning department was sent to you in response to a complaint dated 5
January (an email of 18 March 2010 from Ms Martin refers) and that
further information ensued upon. She also helpfully offers to assist if
you have any outstanding concerns. I note that it has been pointed out
to you on a number of occasions the reasons for keeping correspondence
between yourself and the planning department separate from information
requests. This was treat separately from your request of 3rd February to
ensure clarity and avoid confusion and because it did not fall within
Freedom of Information Act legislation as your further enquiries did not
constitute a request for information as described under the provisions of
the Freedom of Information Act. I consider this a reasonable approach.
Therefore any emails received from you questionning the planning decisions
made were referred to that department as they did not constitute requests
for information but queries and questions relevant to your complaint. Ms
Martin, informed you of this and that your 'queries' would be responded
to by the Planning Department of the Council.

In your email of 16 March 2010, you question the status of FOI and seem to
imply that all queries should be addressed under this legislation and
should not be treat as separate issues. You refer to questions "separated
into a legal question; a building question; a planning question." In
answer to this I would advise that the Act is clear if a request is made
for information it must be information that is 'held' by the Council, ie.
something tangible, a document not somethng non-tangible a question, for
example, relating to policy etc. That will be dealt with under other
procedures, eg a response from the relevant department.

On the 21 March you ask Ms Martin to "itemise which are not classed as
Freedom of Information requests" and then follow up with an extensive
email dated 23 March 2010 which again would not constitute an information
request. Further emails on this subject went between you and Ms Martin.
I am assured however, that apart from your email of 3rd February - your
other enquiries etc were best dealt with by the planning department.

For the sake of clarity -

The Freedom of Information Act provides the public with a general right of
access to information held by public authorities.

For the purposes of the Act, information is held by a public authority, if

(i) it is held by the authority, otherwise than on behalf of another
person

(ii) it is held by another person on behalf of the authority

On the 8th April an email was received and acknowledged on the 12 April by
Ms Martin acknowledging the second request for information under the
Freedom of Information Act, set out in the penultimate paragraph of your
email dated 8th April. This was responded to in an email of the 12th
April and a full response was provided - you asked for information which
had been examined or consulted upon by Planning and Legal. As there was
not any information held that met that description, the Council was unable
to provide the information you requested. An explanation was offered as
follows - "when considering a planning application , a planning authority
is not statutorily required to ensure that the applicant has any present
interest in the land that is subject to the application". The safeguard
is that the applicant was required to serve notice on you as the adjoining
landowner and hence Certificate B was served on you. Following emails
from yourself on this matter requesting again copies of the documents
referred to above, Ms Martin explained that "in determining the
retrospective planning application... the title documents CE74844 were not
consulted as there was no legal requirement to do so. I am therefore
unable to provide you with the information requested".

On the 27th April 2010, an email was sent from Ms Martin confirming that
all information requested either through FOI or through correspondence
with the Planning Department had been provided and that further
emails/correspondence on the subject appeared exhausted.

Following which your request for an internval review was made on the 10
May 2010. I trust that you will agree that I have thoroughly reviewed
your request and associated corrrespondence. I am satisfied that
apart from omitting to provide the attached document, all other
information has been provided in compliance with the provisions of the
Act.

If you are unhappy with this review you can contact the Information
Commissioner under Section 50 of the Act, which provides that you "may
apply to the Commissioner for a decision whether, in any specified
respect, a request for information... has been dealt with in accordance
with the requirements of Part I". His contact details are The Information
Commissioner, Information Commissioner's Office, Wycliffe House, Water
Lane, Wilmslow. Cheshire, SK9 5AF, [1]www.ico.gov.uk.

Yours sincerely

Alyson Carman

Legal Services Manager/Solicitor

Tel:01429 523092

email:[email address]

show quoted sections

alan harvey flounders

Dear Alyson Carman,

Tuesday, 15th June 2010.

Dear Alyson Carman,

Thank you for your reply to my request for a Internal Review .

I am disappointed and disturbed to find that you have been appointed the person to conduct this Internal Review, as I would consider that you have a conflict of interest in this matter, having previously been personally involved and therefore fully aware of this dispute, and knew that we where the Rightful owners of this property.

I had previously informed Hayley Martin, your successor on 4th February 2010 of our meetings and telephone conversations on two separate occasions when we also discussed this matter in detail in Hartlepool Borough Buildings, in December/January 2008/2009, when I also gave to you copies of my documents , Land Title Deeds and various letters I had written to Land Registry ( My letter dated 4th February, 2010.on this site confirms this )

You have failed to provide me with the copies of the documentation I have previously requested. Which would prove that a Fraudulent Property ownership certificate “A” or “B” had been submitted claiming Land and Property which was not owned by the applicant
The planning application coding sheet you have sent, does not contain any useful information .and I believe it is another attempt to delay or frustrate my attempts for information.

Yours sincerely,

alan harvey flounders

Alyson Carman, Hartlepool Council

Dear Mr Flounders

I am sorry that you are disappointed with my response. I did not feel that I had a conflict of interest, as I was being asked to review the handling of a Freedom of Information Act request, which I regard as a separate issue. Also, although we had a couple of meetings over a year ago at your request, I had a passive role in listening to the history of your dispute with the Land Registry and in which respect you provided me with copy correspondence in order to illustrate the points you were making. At the time your dispute was not with the Council but it appeared with the Land Registry - I remember that I contacted our Planning Department to see if they could assist you with your enquiries, from which my involvement ended. I recall you thanked me for my time and seemed appreciative of my help in this matter. I did not confirm or deny any matter and did advise you of my position as Solicitor to the Council and recommended that you seek your own legal advice on what essentially appeared to be a civil dispute over land ownership.

I strongly refute any conspiracy to delay or frustrate your request for information. The Council takes its duites under the Freedom of Information Act seriously, the presumption is always one of disclosure unless an exmption applies, to comply would meet the costs threshold or we simply do not hold the information.

As you are unhappy with the response, then I would advise you refer the matter to the Information Commissioner for his ruling on the matter.

Yours sincerely

Alyson Carman
Legal Services Manager/Solicitor
Tel:01429 523092
Email:[email address]

show quoted sections

alan harvey flounders

Dear Alyson Carman,
Wednesday 23rd June 2010
Dear Alyson Carman,
Thank You for your recent reply to my Internal Review. Unfortunately this serious matter cannot be ignored,

You are aware that I bought and paid for the Land and Property from Hartlepool Borough Council, on 1st February 1984,

Hartlepool Borough Council do NOT have the legal Authority to transfer any part of my Legally Purchased Property to my neighbour by granting a Retrospective Planning Application, for their kitchen extension,
which was Built without Planning Permission and was physically attached and Included part of my private property.

Hartlepool Borough Councils continued refusal to supply the information I requested , is in breach of the Freedom of Information Act. And you are therefore breaking the law. Again ?

Your claim to be a Independent Decision Maker is complete nonsense. You are confirming a decision made by your understudy, Haley Martin, although you did not make the final decision, you certainly where well aware of all the facts of property ownership, and my original complaints. since August 2008.
How can you claim “ not “ to have a Conflict of Interest in this Property Dispute.
(a)
You where well aware of the true ownership of the property after our two personal meeting in December/January 2008/2009. You examined my Land Title Deeds, CE 74844, signed by all the Town Council Officials and Conveyed by Hartlepool Borough Council Chief Solicitor, Mr. J Anthony Brown .
(b)
My recall of our two previous meetings does not agree with your recollections, how can you remain silent when you are aware of the true ownership of the Land and Property. You are one of the Council Solicitors
If you have any doubts to my Allegations of Council Misconduct, why don’t you consider Litigation proceedings against me.?
(b)
I again remind you that I am a full council tax payer, and have every right to
voice a complaint when a planning decision is taken involving property I own and I bought and paid for from Hartlepool Borough Council. To ignore my right to object is criminal.

Your refusal to supply me with copies the documents I have repeatedly requested, which Hartlepool Council officers had previously claimed had been examined and consulted to” Validate “ this very Retrospective application submitted, only confirms my suspicions that these certificates , legally required under part V11 Town and Country Planning Act 1990 (c.8 ) but never produced, could only be fraudulent if they stated I did not own the Land and Property.?

This leads me to consider a Formal Complaint to Cleveland Police Authority requesting an investigation be carried out whether there was evidence of Misconduct in Public Office by any Councillors and Planning Officers who were responsible for the management of the planning function at Hartlepool Borough Council when Granting this Retrospective Planning Application.

My Land title deeds confirms our ownership of these Outbuildings, our signed receipt for full payment, from the Chief Financial officer Mr Walton, confirms Hartlepool Borough Council accepted payment,

To allow your Planning Officers to Grant the Retrospective Application without any consultation with the Elected Councillors nor considering any of my Objections which included a physical part of my privately owned property, It Is Dishonest at least and can even be considered Criminal Behaviour.

I fully intend to continue this campaign for Justice against Hartlepool Borough Council, We bought and paid for, our ex-council house from Hartlepool Borough Council on 1st February 1984, and their reluctance to accept their legal responsibilities in investigating my Formal Complaints against some named Council Employed Officers is Disgraceful.

Yours sincerely,

alan harvey flounders

alan harvey flounders

Dear Alyson Carman,

Friday 7 January 2011.

Dear Alyson Carman,
Reviewer of Freedom of Information Requests.
It is now several months since I wrote in reply to you, ( delay due to illness ) objecting to your review of my freedom of Information request , were I was asking for copies of all documents particularly Certificates of Ownership, “A” and “B” that Hartlepool Council Planning claimed to have been scrutinised to establish and “VALIDATE” the true ownership of the disputed Land and Property before granting the Controversial Retrospective Planning Application H / 2009 / 0568 .These documents were refused by Hayley Martin and again by you the Reviewing Authority.

My allegations of a “Conflict of Interest “ in that you personally would be unable to give a unbiased decision was based on my knowledge that you were personally aware that we Alan Harvey Flounders and Jacqueline Flounders were and still are the sole “ ABSOLUTE” legal owners of “ALL” Land and property detailed and registered and recorded with Land Registry, Durham on 29th March 1984. On Land Title Documents CE 74844 copies of these Legal Land Title Documents where given to you in person by me, in your office, in December 2008 and again in January 2009. and therefore I maintain, that you were fully aware that these original legal Land Title Deeds CE 74844, and other documents where issued and signed by your own Legal Departments Chief Solicitor, J Anthony Brown, in addition to our redemption payment of mortgage, acknowledged by J.D. Walton I.P.F.A. Chief Financial Officer, when we purchased the said property from Hartlepool Council on 1st February 1984.

It is my understanding from my solicitor, that when the Land Registry registers a particular piece of freehold land for the first time it will give it one of three (3 ) “classes” of title. These are :- 1.Absolute 2.Qualified, 3.Posssessory

“ Absolute “ is the best class to have as it is “indefeasible,” i.e. once it is granted the proprietor is recognised as the “absolute owner” and no one can challenge his ownership, even if it appears that a person may have a genuine claim to the land.”
Land Title Deeds CE 74844 Title Absolute, clearly shows EXACTLY
what Property and Land Details we PURCHASED when buying our Council
House from you, Hartlepool Borough Council, in February 1984,

Our Land Title Deeds were confirmed and signed by Hartlepool Borough
Councils, Chief Solicitor J Anthony Brown, and our Solicitors
Levinson, Walker and Lister, our Receipt for our MORGAGE Redemption
Final Payment was Signed by Hartlepool Borough Councils Chief
Financial Officer Mr. J.D. WALTON, ( which we still Possess )

Your Legal Department are aware of all this, yet your Legal
Department ( to whom both you and Hayley Martin are part of ) allowed Certificate s of Property Ownership "A" "B" to be submitted for “VALIDATION” of property ownership for a Retrospective Planning Application ( previously built “Without “ planning permission “ to the planning authority, which was granted by Mr Reece and Richard Trow, without any input of the Elected Councillors or without any serious attempt to “ENSURE” that the applicant was the Legal owner of the said land and property, Hartlepool Council Officials Mr Richard Trow was also aware of our ownership, ( after his home visit to take Photographs ) whoever submitted certificates “A” and “B” did so in an attempt to deprive us of our Legally Purchased Land and Property.

An examination of our Land Title Deeds CE 74844, which you were well aware of, after examining them in December/January 2008/2009. in addition to Richard Trow, Planning Officer, and your enforcement officer Paul Burgon, who also examined our title deeds after his visits, would have clarified the property dispute immediately . ?

Under the circumstances , Hartlepool Councils total failure to make any attempt to resolve this property dispute , leaves us with no alterative but to seek redress in law, We therefore give you immediate notice that we intend to commence legal proceedings against Hartlepool Council and the named Council Officers. I will be asking the Court for Hartlepool Council and all Officials named to produce and supply me will copies of all Documents we have previously requested and any and all documents you possess to disprove of entitlement of Land and Property Ownership. I still posses all E-Mails and other letters which promised action but failed to enforce
Yours Sincerely
Alan Harvey Flounders
Copies to,
Hayley Martin, F.O.I. Officer
Mr Reece, Planning,
Richard Trow, Planning
Gill Scanlon,
Paul Burgon, Enforcement Officer.
Stuart Green
Liz Crookson

Yours sincerely,

alan harvey flounders

alan harvey flounders left an annotation ()

Tuesday 11th January 2011,
14.30.
I would like to add the following annotation, in the hope that it may help anyone in the future , “who are prepared to fight on for Justice,” when attempting to deal with a few arrogant Unelected Planning Officers, regarding the true ownership of property which has been ignored but still included in a Fraudulent Retrospective Planning Applications to their local Council, in particular my experience with my Local Council, “Hartlepool “

I received the following after submitting a Freedom of Information request to the Communities and Local Government
Guidance on Information Requirements and Validation
Town and Country Planning Act 1990.

Ownership certificates remain a “Statutory” requirement, as they are specified in the GDPO (article 7). The standard wording for these ownership certificates (A, B, C and D) is provided as an integral part of the planning application forms which can be found on the Planning Portal website http://www.planningportal.gov.uk/england... .

50. Ownership Certificates.

Under section 65 (5) of the Town and Country Planning Act 1990. Read in conjunction with Article 7 of the GDPO the Local Planning Authority must “NOT” entertain an application for planning permission unless the relevant certificates concerning “OWNERSHIP” of the application site have been completed

All applications for planning permission “MUST ” therefore include the appropriate Certificates of Ownership.

An ownership certificate A.B.C.D. “MUST” be completed stating the ownership of the property. For this purpose an “OWNER” is anyone with a Freehold interest, or leasehold interest the unexpired term of which is not less than seven (7) years.
Ownership Certificates must also be Completed for applicants for listed building consent, and conservation area consent for demolition.
51.
These Ownership Certificates are “PART” of the Standard application form.

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