Look it up on the planning system, the application was interesting. Approved before Scottish Water sent in their response, and the consequences of that are only now coming to light.
That aside, what a debacle. You make an enquiry about some mesh screening - which is truly noticeable to all, and then the planning officer waits 2 months and asks you why you think there's a breach of planning control.
The reason for raising it though was all about the mesh screening.
Only today someone commented to me that it stands out on the skyline and looks like a building site. Even with 2 layers - its still got significant impact in the winter months. You can see our house build as well, but at least thats wood and it has softened into its environment beautifully.
So with the tennis club a tad upset having had its first ever planning notice - is it any wonder they complained about our new build wood store this year? Of course not. But let's keep all of that for another blog post.
Addition 13th Dec 2015
The planning enquiry that started the above process, on16th May 2014. The tennis club then made an application to which I could comment on by Nov 2014. 6 months after the netting had been applied. I don't have a problem with the time line - it's just interesting. As is the due process applied by the council.
Planning Enforcement Enquiry
Information Sheet
In accordance with Midlothian Councils adopted Planning Enforcement
Charter the procedure for reporting a suspected breach of planning control is as follows:
1.
To report a suspected breach of planning
control you should write to: Planning Enforcement, Midlothian Council,
Development Management, Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN,
or, you can email planning.enforcement@midlothian.gov.uk
Alternatively, you can fill in the
shaded areas of the attached form and return it to the Council using the above
details.
2.
All of the below information should to be
provided. Please note that your enquiry
will not be investigated unless all of these written details have been
received:
·
the address of the property concerned;
· details
of the suspected breach of planning control, including relevant dates when the
works, use, or activity started, finished (if relevant), or whether it is still
ongoing;
·
your name, telephone number and address;
·
an e-mail address if the complaint is
submitted electronically;
·
information on how the suspected breach
harms you or why it is of concern to you;
·
whether you wish your enquiry to be treated
confidentially*.
*While
the Council will do its best to honour requests for confidentiality, it is
subject to the requirements of the Freedom of Information (Scotland) Act 2002
(FOI). In this regard the most recent rulings from the Commissioner indicate
that information received in confidence in respect to enforcement is exempt
from the requirements of the FOI. Requests for total confidentiality however
may limit the ability of the authority to take formal action and cannot be
guaranteed if the case leads to court proceedings.
3.
Following receipt of these written details
the information provided is checked by the Council’s Development Management
section to ensure that it involves a possible breach of planning control and
includes all the details required for a possible investigation. After preliminary checking and compliance
with the requirements for investigation, the complaint will be registered. Once registered, a written or e-mail
acknowledgement will be sent.
4.
Please
note that a priority system is used for investigating
registered complaints. The
breaches of planning control that the Council considers to be of major
significance will be given priority.
This is based on matters such as the environmental effects and
consequences of the breach, the significance of the site, and whether the works
or activity subject of the complaint are actively ongoing or not. Giving priority to the investigation of
registered complaints in this manner helps the Council to direct its
enforcement resources to what it considers are the most important enforcement
cases first.
5.
A copy of Midlothian’s adopted Planning Enforcement
Charter can be view on the Councils website www.midlothian.gov.uk
(Please turn over for enquiry
form)
Anonymous enquires will not
be investigated as stated in the Councils adopted Enforcement Charter
Complainants will be advised
to write in as stated in the Councils adopted Enforcement Charter – Refer to
advice letter for confirmation
|
PLANNING ENFORCEMENT
ENQUIRY FORM
|
REF NO:
|
|||||
|
1
|
Complainants
Details:
Name: Susan Goldwyre
Postal Address: RP9 Cemetery Road,
Eskbank
Post Code: EH22 3DL
Contact Phone Number: 0131 660 4865
Email Address: susangoldwyre@yahoo.co.uk
|
Complainant
Type:
|
||||
|
Public
|
Y
|
|||||
|
Community Council
|
|
|||||
|
Councillor
|
|
|||||
|
Internal
|
|
|||||
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MSP
|
|
|||||
|
Other
|
|
|||||
|
2
|
Location
of alleged Breach of Planning Control:
Site/Postal Address: Dalkeith Tennis
Club, Cemetery Road.
Post Code: EH22 3DL
Land Owner/Occupier if known:
|
|
|
|||
|
3
|
Details
of alleged Breach of Planning Control:
Description: Additional layer of netting/screening
being placed onto open mesh fence around the site of the tennis courts. No
planning permission applied for.
When did the development commence: First
layer, March or April 2014. Additional layer(s) today 16th May
2014.
In the case of building/engineering works
– is the development still taking place: N/A
In the case of building/engineering works
– when did the development finish: N/A
Frequency/timing (i.e. breach of
construction hours condition): N/A
Harm/Impact caused by alleged breach of
planning control (helps to prioritise work): Impact on conservation area and
block of light to neighbouring property.
|
Uniform
Info:
|
||||
|
APPLAN
None
compliance with plans
|
|
|||||
|
COND
Breach
of condition
|
|
|||||
|
S.179
Amenity of land
|
|
|||||
|
UNADV
Unauthorised
advert
|
|
|||||
|
UNCOU
Change
of use of land
|
|
|||||
|
UNDEV
Operation
development
|
|
|||||
|
4
|
Details
of known Planning/Enforcement History:
Previous enforcement case/complaint:
Details of Planning Applications on the
site:
Is the host building a Listed Building or
is the site in a Conservation Area:
Details from Street Directory:
|
Other
Agencies advised:
|
||||
|
Commercial Services
|
|
|||||
|
Environmental Health
|
|
|||||
|
Other Internal
|
|
|||||
|
External
|
|
|||||
|
5
|
Complaint
Taken By:
|
Date
Complaint Taken/Made:
|
Case
Officer:
|
|||
