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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 4825
Experience:  Dual qualified Solicitor and Attorney
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I applied for planning permission 0ver 2 years ago for a car

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I applied for planning permission 0ver 2 years ago for a car wash, I obtained permission but there was a Condition 3 on it that I had to have the correct drainage and waste water tanks fitted. I did this before I opened and assumed wrongly that my agent would do the required paper work. I opened the car wash nearly 2 years ago now and over a year ago the North Norfolk District Council wrote to enquire why I had not submitted the Discharge of Condition 3 application form with the relevent fee. As I had already paid the money to my agent I telephoned him to ask what had happened, he assured me he would sort this out and I left it to him. I didnt hear anymore until November last year 2019 when I applied to NNDC for planning permission for change of use of an office building, It came to light that the Discharge Condition 3 had not been completed, I contacted my agent several times and in the end gave up. My business partner and I decided we would sort out the relevent paperwork on the day we met at the car wash to go up to the council their Enforcement Officer turned up at the car wash and inspected the tanks and explained that everything was in place and that I had a month to submit the relevent form or he would have no choice but to issue an enforcement notice. The date was the 31st January, 2020 and we went straight to NNDC and submitted the form. I paid the relevent fee again, we gave them photos of the tanks in situe before they were covered, and some articles explaining a bit about the tanks. I had installed a Kingspan Car Wash Silt Tank and although I didnt need to I also installed a Kingspan/Klargester forecourt oil separator this was over and above what was necessary as my car wash was not on a garage forecourt and this model was capable of soaking up and separating the equivalent of an Oil Tanker discharging its load. I waited 3 months and eventually the council wrote back to me and refused the application, they said they wanted details of Maintenance on the tanks, who would change the filters, logs etc, nothing about the tanks so they have accepted they have been installed just the maintance details, they have said we cannot open until the decision made and as they are asking Enviroment dept it could be another three months, I have submitted more information that they could possible want or need but especially the maintenance etc but they insist I stay closed. My partner rang them and asked why and was told it was because there was an enforcement on the car wash, but at not time was there one issued, she explained this and although the Planning Officer was told this she went quiet but that was all. She also asked what would happen if I opened anyway, being as the relevent tanks were in place and was told they would not be very happy. We have since sent emails to the Enviroment Agency explaining the situation and that there is not an enforcement in place and was there any chance they could possibly look at the information submitted for them through planning. No reply for 2 weeks, she also sent an email to the planning officer explaining the email to the environment agency attaching a copy, and also asking again about the enforcement notice that was not issued, asked what we could do, who we could talk to, write to could we appeal the decision, we havn't had a reply to that either so 8 days ago I message the Enforcement officer that I met at the car wash in January after trying to telephone him countless times, I explained the whole thing and asked if he could speak to planning and explain there was no enforcement issued, still no reply. Where can we go next and what happens if we do open, we are loosing clients they are going elsewhere, my staff are talking about leaving, and North Norfolk District Council are completely ignoring me.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

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Customer: replied 15 days ago.
Hi yes please continue your search . Thank you

Hi thank you for your message, my view is that it seems you should just reopen. It does not seem like anyone is responding to your queries and that might force them to communicate with you. They have stated they would not be happy if you did but what does that amount too, they could enforce something or not. Given the condition should have been discharged years ago and maintenance is not really to do with the installation it is arguable that what they are asking for is even part of the discharge of the condition 3 anyway. If you wish you could instruct a solicitor to write to them regarding the discharge of the condition 3 and then if they challenge the reopening you can say the condition s subject to litigation and in the interim you are trading. . I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 4825
Experience: Dual qualified Solicitor and Attorney
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