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April 16 2024 2.30pm

Planning application - urgent advice needed

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View doi209's Profile doi209 Flag Fighting for the weak and innocent... 29 Aug 17 7.18pm Send a Private Message to doi209 Add doi209 as a friend

Can anybody help ? Solicitor or Planning Consultant.
A local planning application is being heard in Cornwall this Thursday to discuss a quarry extension ( PA16/10746 for those interested Cornwall.gov.uk)

Their planned extension area includes my rights to access my water storage tank based on their land ( don't ask - this is Cornwall !). Can they ignore my rights and what can I do about it ?

I am due to speak at the Strategic Planning Committee on Thursday, so need help urgently.

Tx for any advice

 

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legaleagle Flag 29 Aug 17 8.33pm

I don't deal with this area of law.But,as a thought:

If you have a legal right to access your water storage tank and the planned extension would stop you doing so,your legal rights can't just be ignored.

In relation to the planning application,you should bring to the meeting a copy of your place's Land Registry office copy print out which hopefully record your right.If you haven't got a copy,see Land Registry website.

You should definitely point out anything like this at the meeting.Try and think through what to say and be as succinct as possible and just do basic bullet point notes.

Have a look at this:
[Link]

Hope this helps.

Edited by legaleagle (29 Aug 2017 8.34pm)

 

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View doi209's Profile doi209 Flag Fighting for the weak and innocent... 29 Aug 17 10.29pm Send a Private Message to doi209 Add doi209 as a friend

Originally posted by legaleagle

I don't deal with this area of law.But,as a thought:

If you have a legal right to access your water storage tank and the planned extension would stop you doing so,your legal rights can't just be ignored.

In relation to the planning application,you should bring to the meeting a copy of your place's Land Registry office copy print out which hopefully record your right.If you haven't got a copy,see Land Registry website.

You should definitely point out anything like this at the meeting.Try and think through what to say and be as succinct as possible and just do basic bullet point notes.

Have a look at this:
[Link]

Hope this helps.

Edited by legaleagle (29 Aug 2017 8.34pm)

Tx for the info.
I have a copy of the contract when the quarry bought the land back in 2007 and it distinctly indicates a water right to remain with the vendor and subsequent owners. I shall be taking this. I also have my deeds.

I have reviewed the planning officers report and have noted specific points that can be argued.
I only have three minutes to address the Strategic Planning Committee. 3 mins to save an Area of Outstanding Natural Beauty.

Even if permission is granted, I will appeal to the Ombudsman, but that's for a later date.

I'll let you know.

 

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View Forest Hillbilly's Profile Forest Hillbilly Flag in a hidey-hole 30 Aug 17 11.34am Send a Private Message to Forest Hillbilly Add Forest Hillbilly as a friend

best of luck.
Take notes at the meeting, so you can use for any potential appeal purposes. Get as much information as you possibly can

 


"The facts have changed", Rishi Sunak

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View Harpo's Profile Harpo Flag Oxfordshire 30 Aug 17 2.22pm Send a Private Message to Harpo Add Harpo as a friend

And remember...

Someone, somewhere, is exchanging money off record!

 

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View Forest Hillbilly's Profile Forest Hillbilly Flag in a hidey-hole 30 Aug 17 2.50pm Send a Private Message to Forest Hillbilly Add Forest Hillbilly as a friend

Originally posted by Harpo

And remember...

Someone, somewhere, is exchanging money off record!

Planning applications are often decided by the 'technical' contents of brown envelopes. You really would be most enlightened.
The Borough responsible for Grenfell took many monies off developers in order that "affordable housing quotas" could be ignored, and the monies directed into the boroughs social housing scheme,....where it lay dormant in the borough's bank account and still remains unused.

 


"The facts have changed", Rishi Sunak

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