ANPR with no planning permission

disturbedneigbour123

Hi

I was wondering if anyone has ever dealt with reporting planning enforcement breach could offer some advice.
I, and some neighbours back onto some land that just redeveloped as a car park and they have just installed an ANPR camera (and the signage) with no planning permission. The camera is one of those that are on a large pole. Plans were submitted for this but the camera and signs were conveniently left off. 

It appears the camera system is being managed by Civil Enforcement LTD. The issue is the camera is extremely close to the residential property line and there are concerns about being filmed by a private company. The camera is in front of one property (and extremely close to another) and there is large sinage infront of another.

I imagine, like most of them were hoping they could get away with nobody noticing. 
The original plans did promise it wouldn't impact neighbours and would be in line with the rules of local conservation area. Not sure why they thought the houses nearby would have no issues with this. 

Obviously, I plan to make a complaint to the council and have found the local enforcement  documents that the council have on this. I want to make sure my complaint is as professional as possible, from reading on this website looks like the local councils are pretty useless at dealing with these. The other steps I have taken is informing other homeowners. If anyone else have bodies to recommend that would also be great. I want to gage the councils reaction first but will consider legal advice and proceedings should it be required. 

Thanks in advance. 

Fruitcake

Are these CCTV cameras or ANPR scameras? Either way, planning permission is needed for installations of pole-mounted devices.
More importantly, advertising consent is required for the installation of signs greater than 0.3m2. Not having it is a criminal offence, but only the council can pursue it. Retrospective planning permission for the cameras is permitted, but retrospective advertising consent for signs is not. 

I suggest you investigate the ad-consent aspect then complain to the landowner, the council planning department, and your MP if it has not been granted.
Your neighbours should do the same, separately. A number of complaints will have more effect than one complaint with a number of signatures.

It is written CONSENT they need under the Town and Country Planning Act 1990 section 222 + 2007 section 225 amendment for permission to erect advertising signs.
Consent can not be retrospectively given and conspiracy with the advertiser to do so is misconduct in public office.

Failure to obtain consent is a criminal offence and failure to enforce the criminal offence is also misconduct in public office.

disturbedneigbour123

Fruitcake said:

Are these CCTV cameras or ANPR scameras? Either way, planning permission is needed for installations of pole-mounted devices.
More importantly, advertising consent is required for the installation of signs greater than 0.3m2. Not having it is a criminal offence, but only the council can pursue it. Retrospective planning permission for the cameras is permitted, but retrospective advertising consent for signs is not. 

I suggest you investigate the ad-consent aspect then complain to the landowner, the council planning department, and your MP if it has not been granted.
Your neighbours should do the same, separately. A number of complaints will have more effect than one complaint with a number of signatures.

It is written CONSENT they need under the Town and Country Planning Act 1990 section 222 + 2007 section 225 amendment for permission to erect advertising signs.
Consent can not be retrospectively given and conspiracy with the advertiser to do so is misconduct in public office.

Failure to obtain consent is a criminal offence and failure to enforce the criminal offence is also misconduct in public office.

Hi yes, I have been to check it (and took pictures of it) all the signage states it is an ANPR camera. The camera has only gone up this week. I have checked the local planning website and the orginal plans for the redevelopment did not have this on. The camera or signage. They have not made any follow up planning application on the property in the land owners name or the parking management name as of yet. 

But yes I will complain to the MP and land owner too. Even the private company and BPA if necessry. Regarding the council complaint, I believe It does help this is a conservation area so they do have particular rules to follow. The whole town went mad in recent years over signs that they didn't like.

I am also looking into the consent of filming aspect of it, because some of the properties back gardens will definetely be filmed. As I undertsand the cameras have a wide angle of range. As I understand, you consent to be filmed under their flimsy contracts when you enter the land, by car or foot but we will not be doing so.

Coupon-mad

Is it on a pole or attached to a building?

daveyjp

Raise it with the Council.  They are probably so understaffed that they will agree with you, but not have resources to do much about it as it will be deemed a minor infringement and they will have bigger planning issues to resolve.

fisherjim

daveyjp said:

Raise it with the Council.  They are probably so understaffed that they will agree with you, but not have resources to do much about it as it will be deemed a minor infringement and they will have bigger planning issues to resolve.

Then they will grant it retrospectively

Fruitcake

It is irrelevant to a certain extent what the signs say, they need consent from the council before they can be erected. Entrance, Way In, business names etcetera are generally exempt, but advertising signs, for example ones advertising parking terms and conditions, need advertising consent if they are bigger than 0.3 m².

With regards to privacy, if the cameras can capture images outside the area where they are being used, there must be warning signs of this, and the purpose for which they are being used. This applies if you have security cameras such as a doorbell camera. If they can capture images of people walking by your house, you need to display said warning signs, and could be fined if you don't. The same applies to the PPC's cameras.

By all means complain about the lack of planning permission for the cameras, reminding the council that the public expects them to make all reasonable attempts to collect monies due to fund public services. Do include complaints about concerns over privacy, especially if you have young kids. You want to know what risk assessments have been carried out, and proof that your privacy and right to quiet enjoyment is will not be compromised.

Do also investigate the lack of advertising consent, point out that not having it is a criminal offence, and again you want to ensure the council does their job properly in collecting monies due, including issuing claims in the Magistrate's Court if necessary.

Social media and local and nation press are options as well.

Always quote the relevant legislation in your complaints, and complain if the council don't comply with it.

disturbedneigbour123

Coupon-mad said:

Is it on a pole or attached to a building?

Apologies if I did not make it clear it is attached to an extremely large pole, I am not sure on the size of it. From limited looking into this it seems it is not in a good place either. it is really far back into the land and from what I understand from looking at the BPA they are meant to be entrances and exits.  I don't know whether that true or relevant to the complaint. We would have less issue with it if it was attached to a building as it would not be such an eye sore. From looking at the original planning he was supposed to do a gated entrace in the approved planning. From what I have heard asking around he changed his mind and is no longer doing the gate. Still, since the council believe he is I shall use it in my complaint of whether ANPR monitoring is even necessary. 

Coupon-mad

ANPR on a pole does need planning permission.

Fruitcake

Privacy and lack of advertising consent are more important than planning permission for pole mounted scameras.

Whatever2023

Yes, let’s complain about the signs being larger than 0.3m2; then moan about the signs being too small when they install 500mm x 600mm signs in their place lol.