New Gates - can this be right??

waaag

I had to replace my smashed/and one set stolen, gates to my house, driveway. I live at a dead end. They are basically 6ft high and solid wood.

Now, somehow the council have been into my property and taken photos all of every part of my garden, driveway, front garden and back garden and house from all angles....without informing me or asking...and say i have done it (put gates up) without permission, can you believe,? well I have just replaced like with like!

Although for a time there was no gates because they were being made, so it was without, that's when they took the photo.! Also at one point the gates were moved to allow acess to a neighbour whilst he was building in his new house on land previously adjoining mine which belonged to our family but was sold, so the gates were not fully operational then. Now the council are saying I must produce evidence that there were gates before, yet the (council officer) has also said I would easily get planning permission as they are really lovely gates done to a high standard, and he can't see a problem? well something isn't right here...do I go and see the ombudsman at this stage? Thing is they have always been here and had permission, though the council claim that although this is the case, that they did indeed have permission, but these are new and you have to apply and pay again...as the old permission doesn't count any more, and also he said if your gates blew away in a storm and you had the expense of buying new and fitting them then again you would have to apply for planning permission...any info please?

bigchasbroon

This makes me mad (I am cursing as I type) Im sorry the only suggestion that I can give is do a guyfawkes on the council offices

Quincy_3

Simple, Leave the gates and have them done for Tresspassing.

waaag

Thanks for replies! bigchasbroon - a man after my own heart - so to say.... and Quincy, hmm interesting and I did mention this to the head of the mickeymouse set-up, and said the guy is trespassing, he said no he has the right, I said no, he's trespassing, he insisted under x act of year x he was within his rights, but I still think that the only person allowed onto your property uninvited is surely police with a search warrant....I would like to take it further but no-one suggest CAB (understaffed usually shut)or local solicitors funnily enough won't do anything against the council.....hmm. Do I now go to the ombudsman?

Quincy_3

The council man is Tresspassing they are having you on, you could say they were shut before you left so thats Breaking and Entering so tell them to put that in thier pipe and smoke it.

waaag

Infact does anybody know if the council can lawfully come within your property uninvited, not even inform you, and just take photo's?

titewad_2

waaag wrote:

Infact does anybody know if the council can lawfully come within your property uninvited, not even inform you, and just take photo's?

Try ringing a different council to yours(proporting to be a local council tax paying resident) and ask the question.Make up some kind of scenario invoving a non council official being on your property and see what they say.If they reply in your favour then go back to your own council armed with the information..

bigchasbroon

you pay your council tax for them to squander it on enforcing petty beurocracy. Get a councillor involved or an MP and see if they think that it is a prudent use of council tax payers money to pursue such trivial matters.

Whats the law on placing a few land mines in your garden to gaurd against intruders?

why not turn your home into a crack house instead then theyll leave you alone, "carry on mate, as you were, would you like a grant to assist you sir?"

kittiwoz

The law on tresspass is such that a person canot be prosecuted for tresspass unless it is accompanied by criminal damage except where there is a sign clearly stating "No Public Access". Assuming you don't have a sign saying that you can't sue the guy from the council for tresspass any more than you could sue the postman.

As far as the actual issue, i.e. do you need planning permission to replace a gate, is concerned I don't know much. However from what I can find on the net (www.planningportal.gov.uk/)it seems that indeed you do need planning permisison because replacement is assesed in the same way as new build so if the gate is over 1m high and adjacent to a road or over 2m high elsewhere you have to make a new planning application. The previous existence of a similar gate with planning permission just means that there would be no grounds for refusal of an application. Certainly it seems like a stupid rule since if you had been altering or improving an existing gate you would not have needed permission but it is the rule nonetheless. It's harsh but I think you will have to pay for a planning application. Maybe you can just consider yourself lucky it's just a gate. It seems that if your house burns down you would have to apply for planning permision to replace that too and there is no guaruntee it would be granted!