In an earlier posting, it was pointed out that there are three legal pieces of statutory legislation governing the submission of Applications for Planning Permission.
These are the "Planning and Compulsory Purchase Act 2004", "Town and Country Planning Act 1990" (as amended) and the "Town and Country Planning (Development Management Procedure) (England) Order 2010 - Statutory Instrument 2010 No.2184" and also fourthly there is the Government Guidance, "Guidance on Information Requirements and Validation" (paragraphs 50 - 52 and others).
The developers breached all of these!
The Ownership Certificate Notices were erroneous, inconsistent with false information as to the registered owner of No.53 (Mrs Sadia Wahid), who apparently was unaware of what has been going on. The developers claimed that as at 28th March 2011, No.53 was owned by "Abid Hamed" (Hameed is the actual name). Three Land Registry Registers were requisitioned from H.M.Land Registry on 10th August 2011, 3rd September 2011 and again on the 5th September 2011. The registered owner of No.53 is shown on each of these Registers as "SADIA WAHID" and she was the owner from 8th October 2010. Therefore as at 28th March 2011 (21 days prior to the making of the Application on 18th April 2011), the true owner of No.53 was Mrs Sadia Wahid.
Ms Aileen Jones dismissed the complaints about the defective Ownership Certificate/Notices as not really being of any importance since she suggested that the real owner would be able to prevent the developers from carrying out the development if she opposed it (not having been aware of it). This answer was very disappointing and has no basis in law.
I mentioned in an earlier posting how serious cases like this can be and I referred to the "Cairnfield Court" case in L.B.Brent.
In that shocking case, a landlord of a block of Flats intended to raise the building in several areas and to add another 4 or so flats. The original building contained about a dozen flats. Most of the flats were on very long leases (999 years). The landlord (developers) made an Application to L.B.Brent falsely stating on the Application that there was no one who had any leasehold interest in the block of 7 years or more (in which case a Notice must be served on any such flat owner).
The owners received no Notices from the developers and nothing from the Council either (who later claimed that notification letters had been sent out to the building).
The Application involved buildings that would have blocked out light to one of the existing flats and so the developers informed the Council that they would would be installing an extra window in the affected flat.
On that basis, the planners recommended granting the Application which went through withut the residents' knowledge or participation.
The owner of one of the affected flats who had the kitchen in question knew nothing about all this - in fact, she had all sorts of appliances and a boiler exactly where the supposed new window was to be installed (which saved the Application from refusal).
It was not until 1 year later when a Party Wall Surveyor turned up at the buildings asking people to sign forms that the flat owners came to know what had been going on and a large development with additional building above them had been approved by the Council without their knowledge.
These residents strongly objected to the development on various grounds - loss of light, loss of part of their back garden area for car-parking for the new flats (not the existing ones), the extra load on the old building, etc. - but it was all too late as planning permission had already been given over a year before.
The residents queried why they had not been served with notices and the Council stated that it was because they did not hold Leases of at least 7 years to run. In fact, the objectors' flats were held under Leases with a combined total of about 8,000 years!
The upshot of this scandal was that an Enforcement Notice was eventually issued by the Council to demolish the offending buildings as the objector was not agreeable to having her kitchen destroyed for a new window she had known nothing about and an investigation into a prosecution for the false information on the Ownership Certificate was commenced (still ongoing, I believe).
As for the notification letters that the Council were due to send out, it was said that they had all gone astray.
Had the developers served the proper Notices required by law, then at least the residents would have come to know about the Application that way.
Back to our Acton case, as you may have heard, the Legal Department of Ealing Council overruled Ms Jones, the Head of Planning in her absence and declared the Hostel Application "INVALID" and hence it was removed from last night's Planning Committee Agenda "due to 7 irregularities".
After it was declared "INVALID", there appears to have been an attempt to "resurrect" it by the case officer, Mr Andrew Vaughan who informed his superior officer that he had discovered an alternative Ownership Certificate Notice lodged by Ms Angela Edmondson's firm DiversityInCare Limited of No. 11 Elmore House on the Loughborough Estate, Lambeth SW9 (believed to be a Council flat at which address a number of businesses are registered, including Diversity Housing Limited). The superior officer, who had not long before notified his officer that the Application had been declared "INVALID" and had instructed the administrator's section of the Planning Department to write to all objectors informing them that the case would not now be going to Committee, however declined to alter his original opinion based on the advice received from the Legal Department and informed the Director that the case remained "INVALID". Having examined all of the versions of the Certificates and Notices, I find that in every case the wrong owner is shown for No.53 when comparing this to the three sets of records provided by the Land Registry.
It is now up to Ms Edmondson to serve the required Notices on the owners in Pakistan and we shall be asking the Council to scrutinise these more carefully if and when they are lodged.
The question remains why did the Planning Department continue to accept these Certificates/Notices on the 2nd September by which time they must have known that the signatures were obvious forgeries and why weren't the Police called in? (as the Council did in the case of 59 Eaton Rise some years ago).
Another important qusetion is why did the Planning Department accept amateurish Plans devoid of the required detail and metric measurements, without a Site Plan (showing adjoining properties), without showing the trees on site (there are 3 nice trees in the back garden of No.55) as required in the Government's Validation Guidance Document, without showing the internal 9 Bedrooms, Training and Treatment Rooms, Aromatherapy & Yoga Classes Areas and without supplying any Plan of the 24 Hours Staffed-Nursery Building to be erected in the back gardens of the two houses (the latter being a facility already being advertised on the Web by Ms Edmondson even before her Planning Permission has been granted).
It seems to me that the Planning Department is promoting this Applicant and that they are not handling this case in a proper manner allowing this applicant Company to get away with things that no other developer (not even a humble householder applicant) would be allowed to do.
WHY?
Victor Mishiku
8th September 2011.
|
| Topic | Date Posted | Posted By |
| Acton Residents Unrepresented Again!! | 30/08/11 21:10:00 | Elena Enn |
| Re:Acton Residents Unrepresented Again!! | 30/08/11 21:49:00 | Nicola Howard |
| Re:Acton Residents Unrepresented Again!! | 30/08/11 21:50:00 | Elena Enn |
| Re:Re:Acton Residents Unrepresented Again!! | 30/08/11 22:10:00 | Nicola Howard |
| Re:Acton Residents Unrepresented Again!! | 30/08/11 22:15:00 | Jacqueline Davis |
| Re:Re:Acton Residents Unrepresented Again!! | 31/08/11 08:28:00 | Nigel Williams |
| Re:Re:Re:Acton Residents Unrepresented Again!! | 31/08/11 13:00:00 | Nicola Howard |
| Re:Re:Re:Re:Acton Residents Unrepresented Again!! | 31/08/11 13:27:00 | Sarah Harris |
| Invalid Application - Acton Residents Unrepresented Again!! | 31/08/11 14:34:00 | Victor Mishiku |
| Re:Invalid Application - Acton Residents Unrepresented Again!! | 31/08/11 15:07:00 | Sarah Harris |
| Re:Invalid Application - Acton Residents Unrepresented Again!! | 31/08/11 15:07:00 | Sarah Harris |
| Goldsmiths' Acton Estate - Acton Residents Unrepresented. | 01/09/11 10:45:00 | Victor Mishiku |
| Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented. | 01/09/11 14:22:00 | joseph birotz |
| Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented. | 01/09/11 15:02:00 | Sarah Harris |
| Re:Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented. | 01/09/11 15:55:00 | joseph birotz |
| Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented. | 01/09/11 17:24:00 | Victor Mishiku |
| Re:Re:Re:Goldsmiths' Acton Estate - Acton Residents Unrepresented. | 02/02/12 21:05:00 | kathy kennelly |
| SITE VISIT - Invalidity of the Application - | 02/09/11 18:45:00 | Victor Mishiku |
| Re:Acton Residents Unrepresented Again!! | 01/09/11 20:48:00 | Charles Chara |
| SITE VISIT Tomorrow Morning 9.10am 3rd September | 02/09/11 18:47:00 | Victor Mishiku |
| Re:SITE VISIT Tomorrow Morning 9.10am 3rd September | 03/09/11 13:35:00 | Hasan Ukra |
| Re: SITE VISIT - 3rd September | 03/09/11 15:45:00 | Pavlos Dora |
| Re:Re: SITE VISIT - 3rd September | 03/09/11 17:22:00 | Lesley Russell |
| Re:Re:Re: SITE VISIT - 3rd September | 03/09/11 18:22:00 | Nicola Howard |
| Re:Re:Re:Re: SITE VISIT - 3rd September | 03/09/11 22:51:00 | Brijesh Chauhan |
| Post Site Visit comment | 04/09/11 12:03:00 | Victor Mishiku |
| Post Site Visit comment (corrected) | 04/09/11 12:09:00 | Victor Mishiku |
| Weblink E-Mail 4/9/11. | 04/09/11 14:42:00 | Victor Mishiku |
| Re:Post Site Visit comment | 04/09/11 16:24:00 | Louisa Asker |
| Re:Re: SITE VISIT - 3rd September | 05/09/11 10:32:00 | Hasan Ukra |
| Re:Re:SITE VISIT Tomorrow Morning 9.10am 3rd September | 05/09/11 09:45:00 | Deborah Patellaro |
| 1,100 Objections lodged at the Council! | 04/09/11 21:53:00 | Charles Chara |
| Peaceful Acton neighbourhood | 04/09/11 22:09:00 | Charles Chara |
| Re:Acton Residents Unrepresented Again!! | 05/09/11 16:46:00 | The Editor |
| MEETINGS - still on. | 05/09/11 20:14:00 | Elena Nutkins |
| Withdrawn Application - What a surprise! | 06/09/11 09:38:00 | Elena Nutkins |
| Re:Withdrawn Application - What a surprise! | 06/09/11 10:12:00 | Sara Nathan |
| Re:Re:Withdrawn Application - What a surprise! | 06/09/11 10:29:00 | Hasan Ukra |
| Re:Re:Re:Withdrawn Application - What a surprise! | 06/09/11 11:43:00 | Dee Cook |
| Re:Re:Re:Re:Withdrawn Application - What a surprise! | 06/09/11 12:53:00 | Elena Nutkins |
| Re:Re:Re:Re:Re:Withdrawn Application - What a surprise! | 06/09/11 16:20:00 | Hasan Ukra |
| The Covenant | 06/09/11 16:01:00 | Victor Mishiku |
| Re:The Covenant | 06/09/11 16:25:00 | Dee Cook |
| The Covenant | 06/09/11 19:02:00 | Victor Mishiku |
| planning committee, ref;53=55 FPL | 06/09/11 22:48:00 | Hani Ukra |
| Planning Department overruled by Legal Services | 07/09/11 00:12:00 | Charles Chara |
| Re:planning committee, ref;53=55 FPL | 07/09/11 08:35:00 | Elena Nutkins |
| Re:Re:planning committee, ref;53=55 FPL | 07/09/11 11:14:00 | Hasan Ukra |
| Re:Re:Re:planning committee, ref;53=55 FPL | 07/09/11 16:02:00 | M ODonald |
| Re:Re:Re:Re:planning committee, ref;53=55 FPL | 07/09/11 18:56:00 | Nicola Howard |
| Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL | 07/09/11 22:54:00 | Iain Muir |
| Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL | 08/09/11 13:37:00 | geoffrey berg |
| Re:Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL | 08/09/11 14:40:00 | Nicola Howard |
| Residents' efforts rewarded | 08/09/11 17:04:00 | Victor Mishiku |
| Correction :Residents' efforts rewarded | 08/09/11 17:05:00 | Victor Mishiku |
| Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL | 08/09/11 20:30:00 | Lesley Russell |
| Re:Re:Re:Re:Re:Re:Re:planning committee, ref;53=55 FPL | 08/09/11 21:38:00 | Nicola Howard |
| False Certificate - Ownership Details, etc | 08/09/11 22:52:00 | Charles Chara |
| I agree - Charles C. | 08/09/11 22:55:00 | Charles Chara |
| Re:I agree - Charles C. | 08/09/11 23:13:00 | Nicola Howard |
| Re:Re:I agree - Charles C. | 09/09/11 00:07:00 | Rosco White |
| "Invalidity" of the Application | 09/09/11 02:10:00 | Victor Mishiku |
| Re:"Invalidity" of the Application | 09/09/11 12:05:00 | Hasan Ukra |
| Re:Re:"Invalidity" of the Application | 09/09/11 13:13:00 | Ana Strachan |
| The last 4 months | 09/09/11 21:31:00 | Andrea Hondrou |
| Re:The last 4 months | 09/09/11 22:36:00 | Lesley Russell |
| Case Officer did not visit No.53 next door | 10/09/11 20:21:00 | Victor Mishiku |
| Re:Case Officer did not visit No.53 next door | 10/09/11 21:57:00 | Hani Ukra |
| Viewing from neighbouring viewpoints | 11/09/11 11:53:00 | Victor Mishiku |
| Viewing from neighbouring viewpoints (corrected) | 11/09/11 12:06:00 | Victor Mishiku |
| Re:Viewing from neighbouring viewpoints (corrected) | 11/09/11 21:35:00 | joseph birotz |
| Forum typing. | 12/09/11 14:12:00 | Victor Mishiku |
| Forum typing (correction) | 12/09/11 14:14:00 | Victor Mishiku |
| Solicitors to be instructed. | 13/09/11 12:11:00 | Victor Mishiku |
| Re:Solicitors to be instructed. | 13/09/11 13:58:00 | Dee Cook |
| Re:Solicitors to be instructed. | 13/09/11 18:51:00 | Hani Ukra |
| Re:Re:Solicitors to be instructed. | 13/09/11 23:53:00 | Rosco White |
| Planning Letter from 37 Gibbon Road 13/9/11. | 15/09/11 09:54:00 | Victor Mishiku |
| A new game | 16/09/11 19:12:00 | Hani Ukra |
| Interesting reading... | 19/09/11 20:57:00 | Pavlos Dora |
| Re:Interesting reading... | 19/09/11 21:40:00 | Iain Muir |
| Iain Muir... | 19/09/11 21:58:00 | Pavlos Dora |
| Re:Iain Muir... | 20/09/11 09:45:00 | Lesley Russell |
| Re:Re:Iain Muir... | 20/09/11 10:56:00 | joseph birotz |
| Re:Re:Re:Iain Muir... | 20/09/11 12:29:00 | Rosco White |
| Planning Facts | 20/09/11 15:46:00 | Elena Nutkins |
| Re:Planning Facts | 20/09/11 16:34:00 | joseph birotz |
| Re:Re:Re:Iain Muir... | 20/09/11 16:52:00 | Lesley Russell |
| Re:Re:Re:Re:Iain Muir... | 20/09/11 16:59:00 | joseph birotz |
| Re:Re:Re:Re:Re:Iain Muir... | 20/09/11 17:07:00 | joseph birotz |
| Re:Re:Re:Re:Re:Re:Iain Muir... | 20/09/11 17:08:00 | Lesley Russell |
| Re:Re:Re:Re:Re:Re:Re:Iain Muir... | 20/09/11 17:12:00 | joseph birotz |
| Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... | 20/09/11 20:13:00 | Rosco White |
| Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... | 20/09/11 22:17:00 | Iain Muir |
| Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... | 21/09/11 12:24:00 | Lesley Russell |
| Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... | 21/09/11 13:41:00 | joseph birotz |
| Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... | 21/09/11 13:55:00 | Rosco White |
| Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... | 21/09/11 15:08:00 | Nicola Howard |
| Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... | 21/09/11 15:15:00 | Lesley Russell |
| Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Iain Muir... | 21/09/11 15:10:00 | Lesley Russell |
| Re:Acton Residents Unrepresented Again!! | 22/09/11 13:20:00 | Diana ONeill |
| Re:Re:Acton Residents Unrepresented Again!! | 23/09/11 12:24:00 | Dee Cook |
| Re:Re:Re:Acton Residents Unrepresented Again!! | 23/09/11 19:17:00 | Iain Muir |
| Solicitors letters sent to all three parties yesterday | 27/09/11 11:08:00 | Victor Mishiku |
| Destruction of Trees in the Gardens of Nos. 53 & 55 | 30/09/11 10:47:00 | Victor Mishiku |
| Re:Destruction of Trees in the Gardens of Nos. 53 & 55 | 30/09/11 11:09:00 | Ellie Rose |
| Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 55 | 30/09/11 11:49:00 | joseph birotz |
| Re:Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 55 | 30/09/11 11:55:00 | Ellie Rose |
| Re:Re:Re:Destruction of Trees in the Gardens of Nos. 53 & 55 | 30/09/11 12:00:00 | joseph birotz |
| Thank you, Ellie - Destruction of Trees in the Gardens of Nos. 53 & 55 | 03/10/11 12:51:00 | Victor Mishiku |
| COMPLAINT TO CHIEF EXECUTIVE, LBE. | 03/10/11 20:32:00 | Charles Chara |
| COMPLAINT TO DIRECTOR - ENVIRONMENT GROUP | 03/10/11 20:37:00 | Charles Chara |
| Re:COMPLAINT TO CHIEF EXECUTIVE, LBE. | 03/10/11 21:05:00 | Nicola Howard |
| WE DEMAND AN INVESTIGATION | 04/10/11 18:07:00 | Hasan Ukra |
| Re:WE DEMAND AN INVESTIGATION | 04/10/11 21:06:00 | Lesley Russell |
| Re:WE DEMAND AN INVESTIGATION | 05/10/11 14:54:00 | M ODonald |
| Re:WE DEMAND AN INVESTIGATION | 05/10/11 16:48:00 | Peter Millman |
| Inappropriate! | 05/10/11 18:21:00 | Andrea Hondrou |
| "Withdrawal" Notice arrives today. | 07/10/11 19:23:00 | Andrea Hondrou |
| Re:"Withdrawal" Notice arrives today. | 07/10/11 19:47:00 | Charles Chara |
| Re:Re:"Withdrawal" Notice arrives today. | 08/10/11 20:26:00 | Dee Cook |
| Re:Re:Re:"Withdrawal" Notice arrives today. | 08/10/11 20:32:00 | Lesley Russell |
| The use of the two dwellinghouses at Nos. 53 & 55 | 08/10/11 21:09:00 | Victor Mishiku |
| Re:Re:Re:Re:"Withdrawal" Notice arrives today. | 08/10/11 21:12:00 | Sarah Harris |
| Re:Re:Re:Re:Re:"Withdrawal" Notice arrives today. | 08/10/11 21:43:00 | Lesley Russell |
| Cllr. Hitesh Tailor's letter of 4th October 2011 | 09/10/11 02:20:00 | Victor Mishiku |
| Re:Acton Residents Unrepresented Again!! | 09/10/11 23:33:00 | Laurie MacPherson |
| Withdrawn application but questions still unanswered... | 10/10/11 07:16:00 | Pavlos Dora |
| Re:Withdrawn application but questions still unanswered... | 10/10/11 20:59:00 | Lesley Russell |
| Ealing & Acton Gazette | 10/10/11 23:01:00 | Victor Mishiku |
| free paper | 11/10/11 00:35:00 | Pavlos Dora |
| Cllr Hitesh Tailor - response sought please. | 11/10/11 12:32:00 | Victor Mishiku |
| Re:Cllr Hitesh Tailor - response sought please. | 11/10/11 14:01:00 | Nicola Howard |
| Cllr Hitesh Tailor - response sought please. | 12/10/11 01:26:00 | Victor Mishiku |
| Re:Cllr Hitesh Tailor - response sought please (adjusted size) | 12/10/11 01:43:00 | Victor Mishiku |
| Why are we being ignored? | 12/10/11 10:49:00 | Hasan Ukra |
| Re:Why are we being ignored? | 12/10/11 18:25:00 | Rosco White |
| "Lyndell House" | 13/10/11 00:52:00 | Victor Mishiku |
| Second Complaint to Director dated 14/10/11. | 15/10/11 17:47:00 | Charles Chara |
| Re:Second Complaint to Director dated 14/10/11. | 21/10/11 11:05:00 | Charles Chara |
| Re:Re:Second Complaint to Director dated 14/10/11. | 22/10/11 08:44:00 | Hasan Ukra |
| Third Complaint to Ealing Council, Chief Executive dated 17/10/11 | 22/10/11 22:43:00 | Charles Chara |
| In bad faith! | 23/10/11 19:11:00 | Victor Mishiku |
| Re:In bad faith! | 02/11/11 06:52:00 | Alan Fairchild |
| Re:Re:In bad faith! | 06/11/11 11:10:00 | Victor Mishiku |
| Re:Re:Re:In bad faith! | 07/11/11 11:56:00 | Peter Millman |
| Re:Re:Re:Re:In bad faith! | 07/11/11 12:29:00 | Victor Mishiku |
| Mr Noel Rutherford's response | 10/11/11 13:06:00 | Victor Mishiku |
| Re:Mr Noel Rutherford's response | 10/11/11 21:17:00 | Lesley Russell |
| Re:Re:Mr Noel Rutherford's response | 11/11/11 02:47:00 | Victor Mishiku |
| Re:Re:Re:Mr Noel Rutherford's response | 11/11/11 03:10:00 | Victor Mishiku |
| Re:Mr Noel Rutherford's response | 11/11/11 19:54:00 | Joseph Birotz |
| Re:Re:Mr Noel Rutherford's response | 11/11/11 21:02:00 | Nicola Howard |
| Re:Re:Mr Noel Rutherford's response | 11/11/11 21:21:00 | Nicola Howard |
| Re:Re:Re:Mr Noel Rutherford's response | 12/11/11 07:58:00 | Joseph Birotz |
| The Covenant Movement | 13/11/11 02:56:00 | Victor Mishiku |
| The Covenant Movement (corrected) | 13/11/11 02:59:00 | Victor Mishiku |
| How it all started - My interest in covenants. | 13/11/11 10:54:00 | Victor Mishiku |
| Re:How it all started - My interest in covenants. | 13/11/11 11:21:00 | Joseph Birotz |
| Thank you. | 14/11/11 02:30:00 | Victor Mishiku |
| Rutherford | 16/11/11 12:11:00 | George Knox |
| Knox | 17/11/11 11:32:00 | Joseph Birotz |
| Re:Knox | 17/11/11 12:26:00 | George Knox |
| Re:Re:Knox | 17/11/11 13:45:00 | Joseph Birotz |
| Follow-Up Letter to Mr Noel Rutherford | 23/11/11 02:27:00 | Charles Chara |
| Re:Acton Residents Unrepresented Again!! | 21/12/11 12:16:00 | Geoffrey Berg |
| Happy Xmas | 22/12/11 00:14:00 | Victor Mishiku |