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Posted
Not true ,the onus of proof is firmly on you to prove more than 10 years continuous use or change of use.

I have a planning inquiry against an enforcement notice next month all down to 1 neighbour with too much time on his hands.

The previous advice is correct get representation record everything and in my experience don't trust the enforcement officer as sometimes they have an agenda.

 

That's my point, I don't really understand the issue. I don't understand the possible outcomes.

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Posted

I suggest let them have a look around but request that ANY questions be put in writing (for the record). Offer a cup of tea, be friendly. :)

Posted
The council has a duty of care to respond to a complaint and they have the right to investigate without appointment on land.

 

For planning purposes I believe an appointment has to be made in advance, otherwise it's trespassing.

Councils do not operate above the law (although they often like to think they do).

Posted

Having dealt with these people on a couple of occasions my strongest advice is not to meet with them until you have taken advice and are sure of where you stand plus strategy going forward.

 

If you don't, and you get an officious council worker coupled with a neighbour complaining then you have potential for a whole world of grief.

Posted

He#s already visited. I left the gate open to the yard (gone for 2 minutes) he came in and looked around. I said when he called was he allowed, he said he rights to access!

Posted
He#s already visited. I left the gate open to the yard (gone for 2 minutes) he came in and looked around. I said when he called was he allowed, he said he rights to access!

 

Are you sure he was was from the council?

Posted
He#s already visited. I left the gate open to the yard (gone for 2 minutes) he came in and looked around. I said when he called was he allowed, he said he rights to access!

He's right he does have the power to do that, the enforcement officer on our case visited our site 11 times and saw or heard nothing but still investigates every phone call this neighbour makes because they have to,hence our appeal

We applied for an LDC,130 pages long dates receipts witness statements under oath it is supposed to be decided by a councils legal department but our doesn't have one and factor theirs out ,the decision was made 4 weeks after the deadline date for a decision by the enforcement officer ,not how it should be done so hopefully we will get clarification at the inquiry.

Posted

he came never bothered to see you and left. as other posts get a land agent or planning consultant. and be ready. with the ammo if he decides to fire at you.

can go two ways he,s looked happy or he will go back and start the enforcement going. ring him first and ask him what the outcome of his visit.

then go forward, if he is not bothered saved a packet on getting anyone in on your side

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