Hi guys,
I will try to give you as much information as possible.
London Borough of Redbridge
Ref/2070/19
I've owned the property since Oct 2017
The previous owner had the footing/drop kerb done over 30 years ago.
This was done without permission, as it is not a classified road, so the previous owner only required consent from the highways, not planning permission.
The TPO was only confirmed in 2010, the driveway has been in use since 1990 - 2017, so how can the council, after 30 years say you can't now park your car on your driveway.
The tree is in the middle of the driveway, so there is room for 2 cars, left and right of the tree.
The council have confirmed I'm not allowed to park on the driveway, given me a warning, if I park there then I would be committing an offence under the Town and Planning Act 1990.
They only reason they banned me, because I questioned them and asked them to reconsider my application, on the basis another house, less than a minutes from mine, got permission to remove a indentical monkey puzzle tree, but he also did not provide any technical or professional representations. That tree was also in the front garden, in good health. There are no supporting documents or anything on the website to support the felling of the tree, No aboricultural report, no Tree officer report and no pictures, little bit strange???
They did not like the fact, I asked them to review their decision the council was fuming.
All the other houses with TPO's, where the owner has request permission to fell a protected tree, they all have provided professional/technical representations, i.e, aboricultural report, and there are also pictures and tree officer report on the website, but not the house that is less than 1 minute work from mine (Ref: 0199/19).
They should not be able to get away with it.
My grounds of challenge is that Redbridge Council has failed to have regard to the importance of consistency in decision making, it is well established case law that previous planning decisions are capable of being material considerations, meaning that they may need to be taken into account by those determining subsequent applications for permission. Two recent decisions in the High Court have now emphasised the importance of consistency in planning decisions and the clear reasons to be given where inconsistencies arise.
Breach of Human rights Act 1998 - Protocol 1, Article 1 protects your right to enjoy your property peacefully,
If anyone can help it would really appreciate it.