stratford council planning isue

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Re: stratford council planning isue

Postby wishy » Fri Feb 17, 2017 6:22 pm

Where was the summons served?
How was it served?
Was it served differently to the warrant/s?
Was the summons posted to an address? Then why was'nt the alleged warrant ,that you have no knowledge of, sent via the same method? it must have blown away or they dint serve one :lol:

google the plannings policy on service of warrants, if they cant prove it was served in person or to a "last known" address, then it is un served and ineffective

Then acknowledge the summons and state that your defense is "that you have no knowledge of any warrant and its service and put the claimant to strict proof of their claim"

Are you living on the land?
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Re: stratford council planning isue

Postby Jace » Fri Feb 17, 2017 6:38 pm

They served the enforcement notices to my home address and pinned copys across the two gates, done by a process server who photographed them, of course that could have been removed by anyone driving past feeling nosey.
The summons was posted from stratford on avon council, to my home address in warwick, it includes the councils covering letter, actual summons, enforcement officers statements of what he saw, photos he took before and after the 6month deadline they set showing no difference to the place, breaching theyre notices, statement from process server and his photos, copys of the pace questionaire they sent out but never filled in or returned.
Seing as council sent the summons not the court ive assummed theyve rented the court and magistrates for the day
They aledge i live there but ring my landline and serve papers etc to my h/a some 12miles away
They say im spoiling the view from the foot path running to rear but provide no staements from disgruntled ramblers and maybe twenty yards to front of field is the m40 motorway !!
https://photos.google.com/share/AF1QipM ... VUZkVLTE5B
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Re: stratford council planning isue

Postby wishy » Mon Feb 20, 2017 8:00 pm

go to UK legislation.com and look up the relevant acts and sections mentioned and see what they are actually saying to you.
"This case cannot be dealt with in your absence" why?
If it is agricultural land and that is its use, then , can you employ a farmer and a night watch man? would they need the same washing, cooking, heating ,and toilet facilities as any other worker covered by health and safety?
Now whether these employees are one and the same is no ones business but perhaps you should have thought it through sooner, and set up a company employing yourself to do the farming and night watchman jobs :D

hope thats helpfull
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Re: stratford council planning isue

Postby Jace » Tue Feb 21, 2017 8:28 am

the absence bit I'm guessing is ive never signed or acknowledged any of there paperwork incl a pace interview so they've no evidence unless I goto court and give it to them.
at first they wanted the stables and yard gone despite them granting planning permission, they forgot to check !I would also argue are horses/stables not a leisure activity ? its only an acre give or take a bit so maybe argue what value agriculturally would it have ?.
I think though as in there rules I haven't complied it will be a very narrow case "did you receive the paperwork" "did you comply with the enforcement notice" and seing as I don't have a great deal of money a solicitor could be outve my price range , interestingly a field just up the road has been turned into housing and the pub at the bottom the lane again converted and house's built all over the garden, a new bypass cut through several fields, heres a video of the lane mobile telephone towers, barns used to store cars, diggers etc, my neighbours field with caravan on, luckily they drive past his place and don't see his caravan or cars or know he lives there ! https://youtu.be/RWt3Gp1z1BM
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Re: stratford council planning isue

Postby wishy » Wed Mar 15, 2017 1:37 pm

it comes down to land classification,
Did you get planning for hard standing and stables? Then its probably classed as a paddock, do you have an horse or pony or something?
The radio mast you need planning for anywhere
They are assuming that the caravan is for leisure, however if it is merely for shelter in harsh weather and or storage of work clothes and the like, it is not for leisure.
Find out your land classification and then what are the planning restrictions.
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Re: stratford council planning isue

Postby wishy » Wed Mar 15, 2017 1:57 pm

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Re: stratford council planning isue

Postby Jace » Wed Mar 15, 2017 7:03 pm

its classed as agricultural but they granted previous owner planning permission for 2 stables and tack room on hardstanding/concrete yard, its approved on the council online planning site, even though at first they said it wasn't, I did think that horses/pony's/equestrian would be leisure and at under an acre it doesn't really offer much to a budding farmer !
to combat their allegation that it detracts from the view from the bridleway the yard is fenced to six foot legal maximum now and you cant see in, the beat up 4x4 I leave up there is going to be registered off road agricultural as soon as I find or send off for new log book.
I didn't goto court as a sudden bout of sickness and the sh**s stopped me lol
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