Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
What loss, if any have you suffered please?
we know that the ridiculous and misleading statement that "the development scheme accords with council policies "will be the one given to the development committee. our objection to the development is based primarily on the policy staements of the council that the site is undevelopable. if the committee accept the 'ridiculous statement' that the devlopment accords with councils strategic planning policy then we could be in grave danger of losing our battle to stop the development. so we would have masses to lose.Alex,we need to get the services of a lawyer, would you be prepared to help us by writing two letters.one to inform the developer we will seek injunctive relief should planning permission be approved.secondly we need to inform him that we are going to enforce our restrictive coveanant on the land. i am custodean ? of a collective pot of money so i have to be careful how i spend it. would you be able to give some idea of costs of writing the letters up front.?would it be impertanent of me to ask your hourly rate should we need further help.
Before we continue I should perhaps clarify the remit of this site.
This is a question and answer site - we can not do work or be instructed. I can tell you what to do and offer advice but can't go beyond that. Is that ok?
can you read my original question
i think we will terminate this discussion you dont seem to understand the stuff i have written i dont wish to pay for this as i am not satisfied
have you actually read my question
The planning officer has made an incorrect statement. You say it contradicts council policy.
The planning officer has made a statement that" the planning application accords with the council's planning policy". We can demonstrate that this is not true. for example one policy concludes that the site is "undevelopable". He has not mentioned this policy in his statement. If his statement remains on the web site, we could lose our battle to stop the development. [don’t worry about the covenant]
You can take several routes, but it must be in this order:
1) You can complain to the Chief Officers office at the Council. They will have a department that deals with corporate complaints and will have a procedure.
You need to allow that department to investigate
2) If you are not happy with that outcome then you can complain to the Ombudsman. They will have expected you to do step 1) first. They offer a free independent service and can investigate your complaint.
Their website is: www.lgo.org.uk
3) If the Council make a decision based on incorrect information you can seek a Judicial Review.
This is where a senior Court in the High Court examines the decision made by the Council and sees whether that decision is reasonable and legal.
The High Court Judge can agree with the decision or remit it back for further consideration
So yes you can take action but you must follow the route above.
Can I clarify anything for you about this today please?
thanks for this.it gives me a clear pathway to explore
Thank you. I am glad to have helped.
But it was important of me to have gotten all the information before giving you an answer as it could have been different
If this answers your question might I invite you to rate my answer.
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can you clarify. when you say that department i presume you mean the hastings plannining department. Can i go to the ombudsman before the council make a decision or would it be after they have made a decision?
The Department is the Chief Officers department. They will investgate.
You can't go to the Ombudsman until the Council have given you a final response.
Otherwise the Ombudsman won't investigate.
Does that clarify matters?
it does but what is the chief officers department is that person in the planning department at hastings or some independent body
You have the chief officer who is in charge of the Council
Their department deals with complaints and the management of the council
That is what the departments function is
thanksyou have helped a lot. how do i confirm my payment to you?
If you rate my answer Ok, Good or Excellent then this completes the transaction
Thank you for your time and I am pleased I have been able to help you