My Ref: enf20071015.htm
Your Ref; ML/LI Enf No 041015

Head of Development Control
Planning Department
Caradon District Council
Luxstowe House
Liskeard
Cornwall PL14 3DZ

 

Roger Lovejoy
ELF
Harewood
Calstock
Cornwall
PL18 9SQ

ELF Trust



Dear Mr Lowe


I am writing this letter to clarify my understanding of your letter of 11th September and our telephone conversations which we are to discuss in person on Wed 17th October. The following content is order is by what I consider important, it is not chronological.

My concerns are -
  1. That an enforcement notice is to be served or issued and there was no indication that the council had any such intention so could you please tell me
    1. When was the initial idea mooted and by whom and why.
    2. Did it go to a councillor committee hearing after the initial idea in planning.
    3. If as you said it may have been a year ago, can you explain why there was no personal enquiry in to the possible breach of planning. For instance why was there no contravention notice issued under section 174 of the 1990 Act to ascertain details of the uses and or operations being employed on the land.
  2. Clearly I feel that the council has been rough in its approach. It's lack of consideration for me as a person and to the facts are quite shocking and I feel there is some unethical lifestyle and personal attack on my presence here, brought about by neighbours and sympathetic councillors and council officers.
  3. You told me that it will take a few months to process the enforcement notice so I enquired about the possibility of presenting a application for a  Lawful Use Certificate. My argument is that I am only on the land carrying out work that does not constitute development as per section 55 of the  Act. You asked how long I had been there and I said 10 or 11 years. You replied that if I had been there that long enforcement may not be entertained.
    However you also said that you I was unlikely to obtain an LUC and therefore an application for one wouldn't stop you issuing an enforcement notice, but that you would not issue one if I put in an application for planning permission.
  4. The problem I have with your views expressed in 3 above is-
    1. Your comments that an LUC application would be taken as spurious or frivolous implies you are not prepared to give reasonable consideration to my views, whereas I see it as a means of establishing issues that could have been sorted via a contravention notice.
    2. Note my assertion is that the use that what you allege, residency,  is ancillary to other uses that are not development.
    3. I was not proposing  to use the 10 or 11 years I have been here as the reason why I should be able to continue my management and business on the land after the fashion I design on the basis that you could not challenge it, as I welcome the challenge. Nor did I want to exploit the human rights card by saying that this is a lifestyle that I am accustomed to and is based on a heart felt conviction for meditative compassion and that I have been working on before the council ever heard if the word (sustainability) let alone had to try and understand what it entails and adapt policy to what is an ever incrasingly popular concern.
    4. Nor do I want to apply for planning permission for a residential use where I have no intention of any use of the land that is not ancillary to non-development use of the land.
    5. If I wanted to invoke development arguments then I would use the GPDO caravans for seasonal workers, but even that is not appropriate.
    6. However given that you are not prepared to entertains an application for an LUC under my ancillary argument that to avoid the disturbance caused by the issuing of an  enforcement notice I am inclined to applying for each so that a) I may get a definitive view on each of the matters without them being jumbled up together under an appeal to an enforcement notice.
    7. To clarify, as I envisage some problems over the fee for an LUC (they will not be applied for under and planning permission heading) I will submit a planning application for a low impact residence where the fee should be more straight forward calculate. By the way I did email (9th Oct) Sam Hunkin  and you about the relevant parts of legislation regarding an LUC and fees but have not heard from either of you. 
    8. As mentioned, my reason for the planning application is to avert any  hasty issuing of an enforcement notice so that I can present my arguments in a more though out way and also to avoid being seen as frivolous or time wasting in my LUC applications.

Yours sincerely


Roger Lovejoy




 
01822 833 398 0777 94 92 95 3 elf.calstock.org.uk