Oh dear - This is looking legally very dark

discotroll

Some of you might have read my post a day or two back regarding an aspect of my planning application and the local parish council (thanks for thoughts on that, everyone) but things have got a little weird since then.

I now have written evidence that at least one person on the local parish council provided the planning group as a whole with a number of false pieces of information regarding the land I own, and then used this false information to openly guide them to object to my planning application. :eek::eek::eek:

Due to potential legal action for misrepresentation (either intentional or negligent in English Tort Law) I do not wish to elaborate to the whole world but suffice to say that everything I have is in written format, signed and dated. Would also like to add that we're not talking opinion here, we are talking the presentation of false information as fact to influence the judgement of others.

So what to do? I would like to inform the planning office of the situation as the PC have passed on this false information to my planning officer, citing it directly as a reason for action to be taken against me, regardless of my planning application outcome. I would also like some legal redress but, TBH, lack the resources to start slapping court orders on peoples desks.

This really sucks - I can deal with normal objections and opinions but this just depresses me... :(

Any thoughts, anyone??

pawlala

discotroll wrote: »

Would also like to add that we're not talking opinion here, we are talking the presentation of false information as fact to influence the judgement of others.?

Isn't false information the same as opinion? If it wasn't opinion it would be fact and that is true information. Or is that not true (i.e. false)?

Any opinions (or factual) gratefully received.

discotroll

no - two distinctly different things - one is real and can be either proved or disproved, the other is merely a viewpoint on something.

Again, the information was put forward as 'fact', not as someone's opinion....

anselld

discotroll wrote: »

This really sucks - I can deal with normal objections and opinions but this just depresses me... :(

Parish Council are no different to Joe-public as far as planning objections are concerned and probably as far as embellishing the truth is concerned.

Just present the facts to the planners. They are used to weeding out any valid planning considerations from the usual whinging.

G_M

No backgound so very hard to respond. Why start a new thread?

AdrianC

discotroll wrote: »

Again, the information was put forward as 'fact', not as someone's opinion....

Simple to disprove, then.

moneyistooshorttomention

There is an organisation that is to do with conduct of local councillors. I cant recall what its name is - but someone else on here must know it.

I'm wondering if you can report this particular councillor that came out with the false information to them and if they have any penalties they can exact on them.;

Failing that - there is always the "court of public opinion" - ie finding a suitable local newspaper reporter and getting an article out there about them possibly??

Maybe putting up a post about this councillor on the local Facebook page?

It does sound like that particular councillor isnt fit to be one. There are quite a few that arent fit to be - ie because they're biased - and they are more difficult to deal with (ie a fair-minded person needs to stand successfully against them in a local election to get them kicked out).

But there must be some means somehow of dealing with one that is actively provably falsifying things.

EDIT; National Association of Local Councils might be the relevant one? If not - could possibly point you in the right direction? Also there must be some Ombudsman or other...

Doozergirl

I think it's impossible to help if you're not going to explain properly.

Have you had a planning decision?

If this is a material planning consideration that is untrue, then speak to the planning officer.

Speak to your own local councillor as well. They are different to the Parish Council.

However, all of this comes with a huge caveat. You must be positive and constructive. Do not get down and dirty and make sure that you do plenty of homework yourself.

steampowered

If your planning application was declined, your remedy is presumably to appeal it?

You can't make a legal claim for misrepresentation. Misrepresentation claims concern a situation where you were misled into entering into a contract. You don't have a contract with the parish council.

davidmcn

discotroll wrote: »

citing it directly as a reason for action to be taken against me, regardless of my planning application outcome.

You seem to be talking about action other than in relation to your current application, but it's not clear what you mean?

discotroll

In no particular order -

Steampower you are incorrect - there is English contract law and English tort law, as I put in the original posting, if you had bothered reading it properly or understood common legal phraseology.

Thanks 'Moneytooshort' - I shall look into this as it looks like the correct route to pursue..

Doozergirl - as you say, everything needs to be correct and presented honestly and positively and this is exactly how my dealings with the PC and Planning has been to date. I have already done a vast amount of homework and part of this process is asking on this forum but, TBH, I am unwilling to share more information on a public forum that would be easily recognisable to the parties concerned.