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  • apeshifter
    apeshifter Posts: 37 Forumite
    10 Posts
    Umkomaas said:
    Lack of planning permission is not a showstopper for your case. It is pretty much irrelevant. Your Judge should it get to a hearing will, at best, tell you to take it up with the enforcing authority (the LA) and should they wish to enforce, they would need to issue proceedings. 

    You're chasing shadows. 
    Thanks. I understand it will not be a case killer but should it get to that point surely it would help with other factors (i.e. not being the driver, no restriction change clearly notified) towards my case
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas said:
    Lack of planning permission is not a showstopper for your case. It is pretty much irrelevant. Your Judge should it get to a hearing will, at best, tell you to take it up with the enforcing authority (the LA) and should they wish to enforce, they would need to issue proceedings. 

    You're chasing shadows. 
    surely it would help with other factors (i.e. not being the driver, no restriction change clearly notified) towards my case
    Really?  How?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Le_Kirk
    Le_Kirk Posts: 24,636 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    www2.ashfield.gov.uk/cfusion/Planning/plan_view_docs.cfm?reference=V/2011/0039
    There are all the planning docs. No exceptions as far as I can see. Only approved signage which the CEL is not
    That is the advertising consent and it ran for 5 years from 2011.  what is required is the planning application for the car park on the site.
  • apeshifter
    apeshifter Posts: 37 Forumite
    10 Posts
    edited 29 April 2020 at 6:18PM
    I have been lead to believe  erecting advertisement signs and cameras without the councils planning permission is an offence, even if not prosecutable. I would of thought that this contravention to protocol would emphasise their lack of credibility as an enforcement agency.
  • apeshifter
    apeshifter Posts: 37 Forumite
    10 Posts
    edited 29 April 2020 at 6:58PM
    That is the advertising consent and it ran for 5 years from 2011.  what is required is the planning application for the car park on the site.
    www2.ashfield.gov.uk/cfusion/Planning/plan_history.cfm?reference=V%2F2011%2F0039

    That is literally everything for the site. There are no records of the car park application online that I can find and before KFC it was wasteland after an ESSO garage shut down but thats going back some years
  • Redx
    Redx Posts: 38,084 Forumite
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    We wish that you could persuade a civil court on this , or better still a higher court , ask the BSI to include it as a requirement in the new Mhclg CoP too
  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
     ask the BSI to include it as a requirement in the new Mhclg CoP too
    Good idea, when it all gets put into action after lockdown.  Thre will be review and consultation.
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  • Le_Kirk
    Le_Kirk Posts: 24,636 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 30 April 2020 at 10:21AM
    That is the advertising consent and it ran for 5 years from 2011.  what is required is the planning application for the car park on the site.
    www2.ashfield.gov.uk/cfusion/Planning/plan_history.cfm?reference=V%2F2011%2F0039
    That is literally everything for the site. There are no records of the car park application online that I can find and before KFC it was wasteland after an ESSO garage shut down but thats going back some years
    That new link does not work.  If it is not online, ask the council for it.
    I note that you have now placed a scan of (looks like) an e-mail on the NEWBIE sticky, presumably you meant to post it here.  Having read it, it seems like a strange stance for a council planning dept to take.
  • so this was my reply from them. Appears its a free for all in this district. 
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