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JGM, Solicitor
Category: Law
Satisfied Customers: 12176
Experience:  30 years as a practising solicitor.
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Have had a complaint lodged with Scottish Ombudsman and worked

on for 6 months. Today... Show More
on for 6 months. Today informed closed as I had wrongly asked for a rectification of a situation, when they can only ask for an apology. Intend to ask for review of situation. The planning dept wrongly advertised a demolition and rebuild as an alteration & conversion. This was only discovered when the building was in place. We are in a conservation area. Building was erected without a Warrant. It is a nursery building for 2 to 5 year old up to 42 children & 8 staff. Specified Zinc roof changed by deminimis to Zinc. Full file available on line.Numerous changes discovered even in last couple of months, misled Govt Building service dept to gain exemption from providing sprinklers by claiming cost of £70,000 when true cost was approx £8,000. Can you advise anyway for us to reopen with Ombudsman, or is there any organisation can be put in touch with to publicise. No point dealing with Councillors or Political reps as there are vested interests. It is an independent academy, but there is 1 Councillor who serves as a Governor with another Councillor employed by the school. There is also the point that there is an ICNIRP declaration on the planning (subsequently denied) which points to along with other evidence that they have a Vodafone/2OG booster/receive for 3 and 4G in the roof above the children's heads. Is their any organisation short of going public with the media that you can point us to for help? G Dye
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Thank you for your question.

What are you seeking achieve at the end of the day here?
Customer reply replied 4 years ago.

Adherence to the planning regulations and those responsible for the maladministration held to account, otherwise what is the point of having regulations if they can be so easily broken by vested interests .

The original wall planning colours and roofing were changed. The roof we feel to facilitate the Vodafone/O2 relay. Coincidentally the head of that organisation in Scotland was a Governor of the Academy who when all the questions started to be raised, resigned the Governorship. It was seemingly standard practice in England for such entities to finance new school buildings to allow the installation of their equipment. This was discontinued a few years ago in England because of fears for the health of young children. We are a few years behind the curve in Scotland! If as seems to be the case, then why should these children be exposed to harmful wireless waves? I have tried OFCOM to establish the situation, but by law the suppliers only have to register Main Masts and not the sub stations. No one seems to be bothered, but of course they are not their children.

Realise difficult to change "fait accompli" and as a last resort the academy could ask for planning changes in retrospect. Repeat those responsible should be held to account and the health risk to the vulnerable children should be exposed. Have I talked myself in releasing to the Media?

Customer reply replied 4 years ago.

There is a correction for the above.

The roof was downgraded to cheap Aluminium instead of the specified Zinc. which then basically facilitates wireless transmission/receive. whilst Zinc blocks it

If there have been decisions made by a public body which should not have been taken you may have recourse to remedy called Judicial Review which is where a party affected by the decision can challenge the decision before a Court of Session judge. That by definition is an expensive procedure and your alternative strategy of going to the national government and to the media would of course not be so expensive.

For Judicial a Review you have to establish that you have exhausted all other avenues of review and appeal. You should see a solicitor of your own choice in the first instance so as to assess the prospects of you successfully using this legal remedy.