Trevalon
Herodsfoot
Liskeard
Cornwall
PL14 4RS
08 11 08
Luxstowe House
Liskeard
Cornwall
PL14 3DZ
Dear Mrs Walters,
I am extremely disappointed by your response to my complaint dated 06 11 08. Your response demonstrates that you do not understand the sequence of events of planning applications at Trevalon or the way planning application fees work. I have requested details of how to appeal against your decision as regrettably you forgot to enclose a copy of the complaints procedure or details of how to appeal.
I request that you look at the complaint again this time taking expert advice on planning application fees and certificates of lawful use, as the latter in my experience seems to be a little understood and much misunderstood form of planning application.
By way of illustration of the above point I need to point out that in no way was I directed by the planning authority to submit a certificate of lawful use, on the contrary I was told on a number of occasions that I could not do this and that I would have to submitted a planning application as officers did not consider that I benefited from permitted development rights. The submitting of a certificate of lawful use was a formal way of challenging the “direction of planning officers” that I did not benefit from permitted development rights.
I would like to draw your attention to Caradon District Council guide to planning application fees,
EXEMPTIONS FROM FEES
“You are exempt from the payment of a fee if your application is...”
“...an application normally regarded as “permitted development” where the application is required only because of a direction or planning condition removing permitted development rights”.
If anything in this letter is unclear feel free to ring me on 01579 326144.
Yours Sincerely
Mark Simon
Trevalon
Herodsfoot
Liskeard
Cornwall
PL14 4RS
08 11 08
Luxstowe House
Liskeard
Cornwall
PL14 3DZ
Dear Mrs Walters,
On a number of occasions I have requested a copy of the report submitted to Caradon Planning Department from the County Land Agent regarding assessment of Permitted Development right entitlements for Trevalon in relation to a pre-determination applications submitted in 2005 and 2006. To date I have not been given a copy of the land agents report.
I would like to request a copy of this report as it will be required as evidence if I am required to take the matter of incorrect planning application fee further.
Yours Sincerely
Mark Simon
Trevalon
Herodsfoot
Liskeard
Cornwall
PL14 4RS
10 11 08
Luxstowe House
Liskeard
Cornwall
PL14 3DZ
Dear Mrs Walters,
I was disappointed by the telephone conversation I had with Divina Harris this morning. During the course of the conversation she stood by the decision that the correct fee for a certificate of lawful use submitted to establish permitted development rights should be £675. Please can you confirm that this is the fee required for future applications of this kind.
If so I consider that amounts to extortion. If you stand by this decision then planners will be free to demand planning applications for development that does not require it when ever they like, confident in the knowledge that an individual will be more willing to submit a planning application and pay a application fee rather than challenge the planning authority with a costly certificate of lawful use.
Before I formally appeal your decision and begin the inevitable road to the government ombudsman I would like to ask you again to reconsider your decision again and consider the facts below..
You state that the fee for my certificate of lawful use application calculated using the the fee sheet falls within section 9. In the guide to planning application fees from April 2008 is states,
“5) Application for a certificate of lawfulness for a proposed development. You will pay half the normal planning fee.”.
The construction of a pond (15m by 15m) for the purpose of agriculture on agricultural land over 5Ha does not require a planning application. The normal fee for not submitting a planning application is of course zero, and half of zero is also zero. The normal planning fee for the development that I proposed (a pond 15m by 15m) would be zero, therefore the fee for submitting a certificate of lawful use would also be zero.
If it were any other way I would consider it a form of corruption as planning officers would be able to demand fees for development that did not require planning permission and the submission of a planning application.
If anything in this letter is unclear feel free to ring me on 01579 326144.
Yours Sincerely
Mark Simon
