Thursday, 13 September 2007

Correspondence with planners continues

As well as having to appeal against the council's decision to remove the shipping container and their decision that I can not live hear further enforcement action is still pending on the caravan used as seasonal workers accomadation, the proposed pond and the use of a mobile home for a rest room and site office. So if you would like to write a letter of support that would be great, please forward them to us at Trevalon so we can submit them at the appeal.

Latest in the instalment of letters to the planners is posted below.

Luxstowe House
Liskeard
Cornwall
PL14 3DZ

Re: Enforcement 07/00305

Dear Sir,

I have received your letter dated 9th September. Thank you for acknowledging that vegetable packing facilities, office and rest-room are necessary for the maintenance of my business. As you have also acknowledged the pole barn is still under construction. I would like to know how, other than by making use of a temporary structures, I can establish my business to a point where I would be able to demonstrate to you that these packing facilities were needed.

As to the use of permitted development rights for the construction of the pond, can you please as a matter of urgency establish the legal position? I repeat again that the previous decisions were incorrect and request that it be reviewed. As to the area of agricultural land being used. Of the 7.39Ha of the holding, 0.2 ha is woodland and the remaining areas are used for agriculture in the form of the growing of vegetables, access to growing areas, grazing for agricultural animals (working horses are classed as agricultural animals) and field enclosures. As part of the DEFRA Environmental Stewardship agreement we are required to have large grassland margins and our organic practice requires both fallow plots and wildlife habitat reserves. Any commitment to supporting sustainable agriculture would be undermined if these practises were to be excluded from the definition.

Please note that within the terms of GPDO excavations under 0.5Ha do not require the submission of a prior notification therefore it is up to you to establish the legal position as soon as possible. If you do not do so I will have no choice but to go to the local government ombudsman in order to establish my permitted development rights.

I can confirm that both touring caravans on site are in use for either storage or for seasonal workers. The seasonal workers caravan is in regular use but I can confirm that once the machinery barn is constructed the caravan used for storage will no longer be required and will be removed.

You have also stated that from my submission of the social consequences of eviction I have not persuaded you of a functional need. Coming to any conclusion of functional need based on this reply was inappropriate. You asked me to provide you with details of social consequences and did not ask for details of a functional need. I also would appreciate if you could let me know what factors you based your decision on as the information I provided you with regarding social consequences clearly concluded that my business would have to cease trading if residential use was not permitted. If you are required to establish whether I have a functional need to live on site before proceeding with enforcement I can provide you with these details.

As to your reasons for decisions and case law please can you provide me with full case numbers and references for all cases quoted to date including those cases that Mr Mutton says he has used in order to establish that I do not meet the requirements of the GPDO so that I am able to pass these on to my solicitor.

Thank you for your continuing co-operation in this matter.

Yours Sincerely

Mark Simon