Forwarded from Gill today - please forward on to anyone that you of that is not
on the freelists and would be interested.
Best wishes & thanks to Gill!
Hannah
Begin forwarded message:
From: "Shield, Gillian" <GillianShield@xxxxxxxxxxxxxxxxxxxxxxxx>
Date: 18 February 2020 at 12:37:46 GMT
To: Hannah Fromageau <hannahfromageau@xxxxxxxxx>
Subject: Lawyer conversation today
Hi Hannah
Just spoke to lawyer and she pointed out the following:-
She cannot find the planning application ref from the planning dept website.
I don’t have details of this at work – do you? Without this reference she is
unable to see exactly what they applied for.
She said they have to and must have made an application for prior approval as
part of their permitted development application. This application for prior
approval would have to state on what basis they consider their application as
permitted development. Permitted development does give them rights but the
exceptions to permitted development can take those rights away.
There would be copies of all this planning application/correspondence
available from the council planning depart. She suggested a trip to the
council planning offices as the duty officer on the information desk can
provide this paperwork.
She referred to that T&C Act and pointed out that one of the exceptions talks
about the laying of rail tracks.
She said she was very supportive of our case but we would have to instruct
her officially before she could undertake any work. Once she knew full
details of their application a legal letter asking for documents and details
which appear to be missing from their application would be a good start.
Even if we instructed her today she didn’t think she could get a letter out
before the meeting on Monday, but she would need to know the details of their
application up front anyway.
She said there was no point in dealing with the subcontractor The Spencer
Group as it was Network Rail we would be dealing with.
I mention the Certificate of Lawful Development which we planned to discuss
at our next meeting with Govia but she said their application for prior
approval was the paperwork we needed to get our hands on to see exactly what
was applied for, and how they got through the exceptions to permitted
development.
Sorry it sounds a bit muddled, she talked so fast and was obviously only
initially prepared to give some info of how this permitted development
process works.
If we can provide her with the planning reference she said she would check it
out but personally attending at the planning department would be a good start.
Hope this helps!
Cheers
Gill
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