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Ian Jordan Click Here to Report This Email As Spam Ian Jordan From: Emily Temple <[email protected]> Sent: 20 April 2016 15:09 To: Katie Herrington Subject: Bluebell Farm 152107 Dear Katie I have been approached in connection with the recently refused certificate of lawfulness application at the above site. I have reviewed the evidence and do not think it was submitted clearly to the council in their first application. Notwithstanding this I also note from the Council’s decision notice that the incorrect test has been applied; the decision notice refers to a higher test of ‘beyond reasonable doubt’ rather than the ‘balance of probability’. I am therefore minded to assist the landowner by either appealing against the Council’s decision with an application for costs (for the incorrect test being applied) or alternatively resubmitting a certificate of lawfulness application with clearer evidence. Please would you let me know if the Planning Authority would be agreeable to a new application being submitted. If it is the strict view of the Planning Authority that the development is not lawful then I will recommend my client appeal. I would also draw your attention to note that council tax cannot be requested for an independent C3 use that has not yet been granted lawfulness (as has been requested of my client). I look forward to hearing from you, Kind Regards Emily Temple Associate Planner Pegasus Group PLANNING | DESIGN | ENVIRONMENT | ECONOMICS Abbey House | Grenville Place | Bracknell | RG12 1BP T 01344 207777 | M 07743 429473 | DD 01344 203268 | E [email protected] Birmingham | Bracknell | Bristol | Cambridge | Cirencester | East Midlands | Leeds | London | Manchester Please consider the environment before printing this email message. www.pegasuspg.co.uk Pegasus Group is the trading name of Pegasus Planning Group Limited (07277000) registered in England and Wales. This email and any associated files, is intended for the exclusive use of the addressee only. If you are not the intended recipient you should not use the contents nor disclose them to any other person. If you have received this message in error please notify us immediately. Click here to report this email as spam. 1 Ian Jordan From: Ginny Parry on behalf of Planning Appeals Sent: 28 June 2016 14:28 To: Katie Herrington Cc: Justin Turvey Subject: FW: Notification of Appeal APP/X0360/X/16/3153354 ~[UNCLASSIFIED]~ Attachments: 01 APPEAL FORM - 126241.pdf Dear Katie, Please see the attached pending appeal. I will let you know if I receive any grounds and when the start letter comes in. Kind regards, Ginny Parry Appeals Assistant Development & Regeneration - Planning Wokingham Borough Council Civic Offices Shute End Wokingham RG40 1BN Tel: 0118 974 6437 Email: [email protected] www.wokingham.gov.uk Please consider the environment before printing this e-mail From: [email protected] [mailto:[email protected]] Sent: 28 June 2016 14:08 To: Planning Appeals Subject: Notification of Appeal APP/X0360/X/16/3153354 Appeals Casework Portal A Certificate of Lawful Use or Development appeal has been received by the Planning Inspectorate. Details of the appeal are shown below: Appeal Details Appeal Reference: APP/X0360/X/16/3153354 Appeal Receipt Date/Time: 28/06/2016 14:07 Appeal By: William Elgar Site Address: Bluebell Farm, Commonfield Lane RG40 4PR Local Planning Authority: Wokingham Borough Council Attached is a copy of the appeal form. Important Information: An email has been sent to the appellant/agent advising them that they must send a copy of the completed appeal form and any relevant supporting documents 1 not previously sent to you. If you have not received them within a few working days, you should contact the appellant to request them. **Please do not reply to this message. - It is an automatically generated response from the mail delivery system.** Click here to report this email as spam. 2 Ian Jordan From: Emily Temple <[email protected]> Sent: 21 April 2016 16:39 To: Katie Herrington Subject: RE: Bluebell Farm 152107 ~[UNCLASSIFIED]~ Thanks for your swift response Katie, that’s appreciated. Kind Regards Emily Temple Associate Planner Pegasus Group PLANNING | DESIGN | ENVIRONMENT | ECONOMICS Abbey House | Grenville Place | Bracknell | RG12 1BP T 01344 207777 | M 07743 429473 | DD 01344 203268 | E [email protected] Birmingham | Bracknell | Bristol | Cambridge | Cirencester | East Midlands | Leeds | London | Manchester Please consider the environment before printing this email message. www.pegasuspg.co.uk Pegasus Group is the trading name of Pegasus Planning Group Limited (07277000) registered in England and Wales. This email and any associated files, is intended for the exclusive use of the addressee only. If you are not the intended recipient you should not use the contents nor disclose them to any other person. If you have received this message in error please notify us immediately. From: Katie Herrington [mailto:[email protected]] Sent: 21 April 2016 16:29 To: Emily Temple Subject: RE: Bluebell Farm 152107 ~[UNCLASSIFIED]~ Dear Emily Thank you for your email. you are welcome to submit a new Certificate of Lawfulness application with clearer evidence. However, please note that such the evidence must demonstrate that the unit has been in continuous independent residential occupation for a period of 10 years. It is understood that the unit in question is a caravan, and as such 10 year test will need to be applied. Please note that the Planning Enforcement Team will be writing to your client to visit the site with a view to investigating the siting of caravans for residential occupation. Many thanks Katie Herrington From: Emily Temple [mailto:[email protected]] Sent: 20 April 2016 15:09 To: Katie Herrington Subject: Bluebell Farm 152107 Dear Katie 1 I have been approached in connection with the recently refused certificate of lawfulness application at the above site. I have reviewed the evidence and do not think it was submitted clearly to the council in their first application. Notwithstanding this I also note from the Council’s decision notice that the incorrect test has been applied; the decision notice refers to a higher test of ‘beyond reasonable doubt’ rather than the ‘balance of probability’. I am therefore minded to assist the landowner by either appealing against the Council’s decision with an application for costs (for the incorrect test being applied) or alternatively resubmitting a certificate of lawfulness application with clearer evidence. Please would you let me know if the Planning Authority would be agreeable to a new application being submitted. If it is the strict view of the Planning Authority that the development is not lawful then I will recommend my client appeal. I would also draw your attention to note that council tax cannot be requested for an independent C3 use that has not yet been granted lawfulness (as has been requested of my client). I look forward to hearing from you, Kind Regards Emily Temple Associate Planner Pegasus Group PLANNING | DESIGN | ENVIRONMENT | ECONOMICS Abbey House | Grenville Place | Bracknell | RG12 1BP T 01344 207777 | M 07743 429473 | DD 01344 203268 | E [email protected] Birmingham | Bracknell | Bristol | Cambridge | Cirencester | East Midlands | Leeds | London | Manchester Please consider the environment before printing this email message. www.pegasuspg.co.uk Pegasus Group is the trading name of Pegasus Planning Group Limited (07277000) registered in England and Wales. This email and any associated files, is intended for the exclusive use of the addressee only. If you are not the intended recipient you should not use the contents nor disclose them to any other person. If you have received this message in error please notify us immediately. Click here to report this email as spam. DISCLAIMER You should be aware that all e-mails received and sent by this Council are subject to the Freedom of Information Act 2000 and therefore may be disclosed to a third party. (The information contained in this message or any of its attachments may be privileged and confidential and intended for the exclusive use of the addressee). The views expressed may not be official policy but the personal views of the originator. If you are not the addressees any disclosure, reproduction, distribution, other dissemination or use of this communication is strictly prohibited. If you received this message in error please return it to the originator and confirm that you have deleted all copies of it. 2 All messages sent by this organisation are checked for viruses using the latest antivirus products. This does not guarantee a virus has not been transmitted. Please therefore ensure that you take your own precautions for the detection and eradication of viruses. 3 - ------------------------------ - ·· === =------ -~D~A~T~E~O~F~CO,=M~PL.=_BTI.=O~N:_~~~~~~~~~~~~~-~-·---~· MINISTRY- DECISION- SPECIAL ORDERS -·- DRAINAGE 091074 WOKINGHAM BOROUGH COUNCIL Town and Country Planning Act 1990: sections 191 and 192 Town and Country Planning (Development Management Procedure)(England) Order 2015: article 39 CERTIFICATE OF LAWFUL USE OR DEVELOPMENT Notification of refused Certificate of Lawful Existing Use Mr Peter Hayne.s The Lilacs Westbury Lane PurleyOn Thames, Reading, Wes rg8 8dl Application Number: 152107 Wokill8ham Borough Council hereby cenlfies that on 10•• December 2015 (being the date of application for this cenlflcate) and subject to the conditions detailed below, the operations described in the First Schedule hereto ln respect of the land specified in the Second Schedule hereto and edged red on the plan attached to this certificate (plan A), has found to be not lawful within the meaning of section 291 of the Town and Country Planning Act 1990 (as amended), for the following reasons: Reasons 1. The proposed use of existing chalet or mobile home as separate residence to the main dwelling constitutes development requiring planning permission.
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