Decking Dispute - Council Overkill?

[Glassman]

Ok, so the retro planning application for raised decking was refused. A six month appeal time frame, etc etc.

Got home today to find a package leaning against the font door:

"Do not discard. This communication affects your property".

Inside the large envelope, THREE copies of an enforcement order to take the decking down. Enforcement order? after 17 days?

Furthermore, when I opened the door and stepped in, there were THREE MORE packages, all containing the SAME enforcement orders ( x 3 ) in each!

I now have TWELVE copies of the enforcement order. Bit excessive or what?

Usual bull about three months to comply, blah, blah, blah. Oh, and should I choose to appeal against the enforcement a fee of £300.00 is payable.

Shot, shot and shot. Then stabbed.

[The Black Duke]

Glassman said:

Ok, so the retro planning application for raised decking was refused. A six month appeal time frame, etc etc.

Got home today to find a package leaning against the font door:

"Do not discard. This communication affects your property".

Inside the large envelope, THREE copies of an enforcement order to take the decking down. Enforcement order? after 17 days?

Furthermore, when I opened the door and stepped in, there were THREE MORE packages, all containing the SAME enforcement orders ( x 3 ) in each!

I now have TWELVE copies of the enforcement order. Bit excessive or what?

Usual bull about three months to comply, blah, blah, blah. Oh, and should I choose to appeal against the enforcement a fee of £300.00 is payable.

Shot, shot and shot. Then stabbed.

Is it a permanent structure?

[Autonotiv]

What happens if you do not remove the deck?

[Glassman]

The Black Duke said:

Is it a permanent structure?

This has already been discussed; no.

[V8mate]

How are you getting on ruining your neighbours chances of ever selling his house?

[The Black Duke]

Sorry couldn't see anywhere in your post where this was mentioned so I had to ask. Do you have pictures or measurements etc please?

[Glassman]

V8mate said:

How are you getting on ruining your neighbours chances of ever selling his house?

The James Hunt won't sell. Not yet anyway. I don't even think he had the estate agent round. The way he's acting, I reckon he's trying it on - "my fence has been damaged, now please replace it" etc.

He's a chancer imo.

[The Black Duke]

The Black Duke said:

Sorry couldn't see anywhere in your post where this was mentioned so I had to ask. Do you have pictures or measurements etc please?

Disregard me, sorry saw your other thread.

[Glassman]

The Black Duke said:

The Black Duke said:

Sorry couldn't see anywhere in your post where this was mentioned so I had to ask. Do you have pictures or measurements etc please?

Disregard me, sorry saw your other thread.

[sleep envy]

need to borrow a spade and a bag of lime?

[Autonotiv]

Autonotiv said:

What happens if you do not remove the deck?

HELLO?

[Pupp]

The law says all parties with an interest in the property have to be served so my guess is you've actually opened someone else's mail

Three copies of the enforcement notice and appeal forms have to be provided, that again is mandatory so the Council have acted correctly.

When you appeal and tick the box for the deemed planning application, you'll find you have to pay a double fee; once to the LPA and once to the Planning Inspectorate. That stings a bit too usually

[Glassman]

sleep envy said:

need to borrow a spade and a bag of lime?

A truckload of spades... and 36m³ of quick-setting concrete.

[sleep envy]

racialist

[dave_s13]

I'll need a bit of decking in a bit.

If you've got any going cheap like....

REad your other thread too; nightmare, good luck with it.

[Pupp]

Autonotiv said:

Autonotiv said:

What happens if you do not remove the deck?

HELLO?

Failure to comply with an enforcement notice can result in prosecution (potential £20k fine in the magistrates), and/or an injunction being sought requiring compliance (breach of an injunction is contempt of court and can result in imprisonment), and/or the Council entering your property to undertake the required steps with them then recharging the cost and securing this against your property until they sue you for it.

Personally I'd comply

[Autonotiv]

Pupp said:

Autonotiv said:

Autonotiv said:

What happens if you do not remove the deck?

HELLO?

Failure to comply with an enforcement notice can result in prosecution (potential £20k fine in the magistrates), and/or an injunction being sought requiring compliance (breach of an injunction is contempt of court and can result in imprisonment), and/or the Council entering your property to undertake the required steps with them then recharging the cost and securing this against your property until they sue you for it.

Personally I'd comply

ahh, its not some little fine of £5000 then, shame.

[Glassman]

Pupp said:

Autonotiv said:

Autonotiv said:

What happens if you do not remove the deck?

HELLO?

Failure to comply with an enforcement notice can result in prosecution (potential £20k fine in the magistrates), and/or an injunction being sought requiring compliance (breach of an injunction is contempt of court and can result in imprisonment), and/or the Council entering your property to undertake the required steps with them then recharging the cost and securing this against your property until they sue you for it.

Personally I'd comply

Yes, heard this too from a builder friend.

[richyb]

'Dun up like a kippa'. Your going to have to take it down and your neighbour has effectively won. Atleast you can say you've seen your council tax contributions in action .

[ofcorsa]

can you dismantle and save, Then start the application process again?