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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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Hi I have received a letter from northumberland council stating

Resolved Question:

Hi I have received a letter from northumberland council stating that I must remove a car project from my driveway and have given me 28 days polite notice of this. They are stating that they, the local planning office, have statutory powers where stored items are affecting the amenity of the area.
They are asking I remove this or they will enforce their statutory powers.
This property is my own property and the car is in my driveway. I have been on their website and I can't find anything regarding this under the Town and Country Planning act 1990. Can you please advice many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.
Basically I need to know if they can remove my property from my home if I don't move it in 28 days.
Expert:  Jo C. replied 3 years ago.
Thanks.

Which section of the Town and Country Planning Act are they quoting please?
Customer: replied 3 years ago.
No section at all just stating they have statutory rights under the town and country planning act 1990.
Expert:  Jo C. replied 3 years ago.
How long has the project be there?

I have neighbours complained about it?

Are the Council saying that it is an eyesore?
I
s it covered up?

]What is it worth?

What is the nature of the "project"?

Is it the only thing on the drive?
Customer: replied 3 years ago.
Hi
It has been there about 2 years, it used to be covered until we got extreme winds and blew the cover free.
The project is a mini classic car to be rebuilt, value as it stands £400.00
One of my neighbours have threatened to call the police about it.
The letter from the council states " As a council the impact of such items are viewed within the context of the street scene and it is considered preferable that this vehicle body is stored in a location from the property frontage"
I also have another restored classic mini on my drive as well as a trailer for camping.
Expert:  Jo C. replied 3 years ago.
Thanks.

They are talking about an order under section 215 of the Act to clean up the property, which basically would mean removing the project. You will find very good information upon that here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11491/319798.pdf

Under a later section 219 they can actually get an order to do this themselves and charge you for doing it.

The council can apply to court and will get these orders.

The neighbour can report it to the police but, it is nothing to do with the police, provided the vehicle is on SORN if it is within that system, although if it is not within that system it does not need to be on SORN.

Best you can do is probably slow this down by writing back to them and asking them to confirm to you under what statutory provision, they require you to undertake this work. However, all that will do is buy you time.

You can make an application to court for judicial review of the decision on the grounds that the decision to enforce this is irrational, illegal or has an element of procedural impropriety. You only have three months from when they sent you the letter to make the application. Be aware, however, that a successful judicial review will not change the decision will make the council reconsider the stance, although they would have to be very brave to come to the same decision.

If your application for judicial review is successful, you can get legal costs awarded against the council, but if it fails, you could easily face £10,000 of adverse legal costs payable to the Council.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
No that's all clear. Thank you very much.
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/