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 -
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
When was the initial idea mooted and by whom and why.
Did it go to a councillor committee hearing after the initial idea in planning.
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.
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.
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.
The problem I have with your views expressed in 3 above is-
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.
Note my assertion is that the use that what you allege, residency, is ancillary to other uses that are not development.
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.
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.
If I wanted to invoke development arguments then I would
use the GPDO caravans for seasonal workers, but even that is not
appropriate.
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.
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.
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.