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Q: to find out the complainant WHO COMPLAINED ABOUT US DOING THE ABOVE. ( No Answer,   1 Comment )
Question  
Subject: to find out the complainant WHO COMPLAINED ABOUT US DOING THE ABOVE.
Category: Miscellaneous
Asked by: hodg2-ga
List Price: $30.00
Posted: 15 Aug 2002 09:05 PDT
Expires: 14 Sep 2002 09:05 PDT
Question ID: 54875
can we see a planning file that relates to our property.re parking
agricultural machinery on green belt belonging to our farm and which
we have done so for the past 14 years.
seemingly some one has complained to the planning office.AND WE
UNDERSTAND FROM A NEIGBOUR THAT UNDER THE CONSERVATIVES A NEW CITIZENS
CHARTER ALLOWED PEOPLE TO DO SO AND HE RECENTLY GOT ACCESS TO HIS FILE
AND FOUND OUT WHO HAD OBJECTED.

Request for Question Clarification by answerfinder-ga on 15 Aug 2002 09:45 PDT
In which council area is your property situated?

Request for Question Clarification by pinkfreud-ga on 15 Aug 2002 09:46 PDT
Laws on such matters vary from jurisdiction to jurisdiction. It would
be very helpful if we knew approximately where you live. What nation?
What state or province? What county, township, or other regional unit?
We don't want your actual address, of course, just a general idea of
where you are, so that a researcher can find information that may
apply in your case.

Request for Question Clarification by eiffel-ga on 16 Aug 2002 02:00 PDT
Hi hodg2, we do need to know which council area you are in.

Also, please clarify youre situation.

I am assuming that you have been parking the same kind of agricultural
machinery in the same place for 14 years, and someone has recently
complained. Is that correct?

Has the council issued an enforcement notice against you? Or have you
been asked to apply for retrospective planning permission? If so, have
you applied already?

There is some potentially good news for you regarding any "change of
use" that has been established for more than ten years.

Clarification of Question by hodg2-ga on 16 Aug 2002 12:30 PDT
QUESTION ID.

WE ARE IN THE BRADFORD METROPOLITAN COUNCIL AREA AND HAVE A FARM AT
OLDFIELD.
WE ALREADY KNOW OF THE TEN YEAR RULEING AND HAVE A COPY OF THE COURT
CASE WHERE THE ABOVE WAS CONFIRMED.
WE HAVE NOT HAD AN ENFORCEMENT NOTICE , ONLY A LETTER REQUESTING A
MEETTING
YES WE HAVE LIVED IN THE FARM FOR A PERIOD OF 17 YRS AND HAVE USED THE
SMALLL FIELD AT THE SIDE OF THE MAIN ROAD FOR PARKING AGRICULTURAL
MACHINERY AN FARM MATERIALS SUCH AS OLD FENCEING BEFORE BURNING AND
SILAGE BALES BEFORE STACKING.
THE MACHINERY IS NOT ALWQYS PARKED IN THE FIELD AS WE ARE AGRICULTURAL
CONTRACTORS AND ANY MACHINE CAN BE OUT ON A JOB AT ANY ONE TIME.
WE HAVENT BEEN ASKED TO APPLY FOR ANY PLANNING PERMISSION AS ITS NOT
APPLICABLE
INITIALY THEY WERE VERY FIRM IN THERE FIRST LETTER SAYING THEY HAD HAD
A COMPLIANT THAT WE WERE ENCROCHING ON GREEN BELT WITH MACHINERY ECT.
AFTER ANSWERING THEM WITH OUR AGENT COMENTS REGARDING THE TEN YEAR
RULE AND SENDING A COPY OF THE COURT CASE THIER SECONF LETTER WAS VERY
POLITE SAYING THEY UNDERSTOOD FARMING WAS GOING THROUGH A BAD PATCH 
BUT THEY HAD TO FOLLOW UP ON COMPLIANTS PUT TO THEIR PFFICE AND THIER
MAIN CONCERN WAS THE FIELD ABOVE AND THAT THEY WOULD LIKE TO ARRANGE
AMEETTING TO DISCUSS SAME AS IT WAS A FIELD A LONG THE MAIN LANE INTO
OLDFIELD VILLAGE.
THE ABOVE DOES NOT WORRY US AS WE HAVE WITNESSES WHO CAN CONFIRM THE
USE OF THE FIELD BACK IN 1986. AND PHOTOES OF MACHINERY IN THE FIELD .

WE NED YOU TO CLARIFY WHAT A NEIGHBOUR HAS TOLD US IN THAT HE GAINED
ACCESS TO HIS PLANNING FILE AND FOUND OUT WHO HAD COMPLAINED ABOUT HIS
APPLICATION .
HE TOLD US THAT WE HAD ARIGHT UNDER THE CITIZENS CHARTER INSTIGATED BY
THE CONSERVATIVES WHEN THEY WERE IN POWER.IT WOULD BE NICE TO KNOW WHO
PUT THE COMPLAINT IN.
WE TRUST THIS CLARIFIES OUR QUESTION AND HELP REQUIRED.
                     REGARDS R.HODGSON.

QUESTION ID. 54875.
Answer  
There is no answer at this time.

Comments  
Subject: Re: to find out the complainant WHO COMPLAINED ABOUT US DOING THE ABOVE.
From: eiffel-ga on 19 Aug 2002 03:17 PDT
 
I can't find anything which gives you a statutory right to see the
letter of complaint in order to find out who the complainant was.

The 1994 document "Planning Charter Standards" seems to have fallen
into disuse due to various government reorganizations. I phoned DLTR,
who are supposed to send out this leaflet, and they informed me that
it is no longer available.

The Freedom Of Information Act is not yet fully implemented. In theory
this will allow you to obtain a copy of the letter, but the council
will have the right to black out personal information such as the name
of the complainant.

What you DO have a statutory right to see is any letter of objection
that is submitted as part of a formal appeal following an unsuccesful
planning application - but that is not your situation.

You DO also have the right to see the planning register - but that's
not the smae as your planning file. The register lists planning
applications and decisions, but not the rest of the correspondence
relating to a planning application.

Although you do not seem to have a right to see the letter, some
individual councils have "access to information" policies that go
beyond what is required of them by law or charter. I don't know how
liberal your council is in that regard.

The best course of action may be to attend the meeting with the
council, keep the tone cordial and polite, make it clear that you
believe your use is non-infringing due to the length of time it has
been established, and ask politely to see the letter so that you can
understand the nature of the complaint. They may have the file with
them and might even show it to you on the spot.

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