Planning notices - Public forum - Planning Advisory Service (PAS)
Planning notices
Rebecca Randall, modified 8 Years ago.
Planning notices
Enthusiast Posts: 60 Join Date: 06/05/14 Recent PostsHello
Has anyone had a situation where the landowner of an application site has refused to allow site notices for a planning application to be placed on their land? The landowner is not the applicant, and the application itself does not involve any operational development. The landowner has not removed three sets of planning notices within hours of their being put up!I am checking with our legal team as to our powers and authority under the TCPA but just wanted to see if anyone else had this problem before and could advise on how they dealt with it?
Thanks
Ed Murphy, modified 8 Years ago.
RE: Planning notices
New Member Posts: 16 Join Date: 12/08/13 Recent PostsNever had this situation arise but I'm puzzled: site notices would normally go on non-private land (e.g. the public highway) or at least be readily visible from a public highway/footpath.
Returning to the matter in hand, I believe the landowner is entitled to refuse consent for you to display notices on his land. I would find the nearest telegraph pole or tree; if none of those are available I suggest you need a stake and mallet for an ad hoc roadside solution. If I remember correctly, a site notice should be 'at or near' the site. You can only do your best.
Interested to hear the outcome....
Rebecca Randall, modified 8 Years ago.
RE: Planning notices
Enthusiast Posts: 60 Join Date: 06/05/14 Recent PostsArticle 15(6) DMPO 2015 provides (summary) Where the notice is, without any fault or intention of the LPA removed, obscured or defaced before the period of 21 days have elapsed the LPA is to be treated as having complied with the requirements of this provision if they have taken reasonable steps for protection of the notice and, if need be its replacement.
Each time, we receive a phone call from the landowner within hours stating that the notices have been removed, So I guess my question is whether we have, in the full knowledge they have been removed, taken "reasonable steps" to protect the notices.
The notices have been placed on a fence owned by the landowner along the highway. There arent any lamp posts (believe me we've looked!), its very rural, I'm not even sure it is his land because its unregistered, but I think he would remove even if they weren't on his land. I have asked our legal team to find out if it is an offence to remove notices placed under duty of the planning auhority.
Good idea on the photo, we have done this. I suppose we could go back each week of the 21 day consultation i.e. 2-3 more times, take photos and hope that its enough to prove compliance with the DMPO
Nigel Hancock, modified 8 Years ago.
RE: Planning notices
New Member Posts: 14 Join Date: 19/10/11 Recent PostsEd Murphy, modified 8 Years ago.
RE: Planning notices
New Member Posts: 16 Join Date: 12/08/13 Recent Postsnicholas waring, modified 8 Years ago.
RE: Planning notices
Enthusiast Posts: 29 Join Date: 21/01/12 Recent PostsI have asked my local authority not to "blutac" its notices to my Listed Buildings but they continue to do so.
They have not provided a means of removing the oily stain which is left on the masonry fabric, which lingers, leaving unsightly blotches. I remove them as soon as 21 days expires.
I am monitoring the long term effect on the "special interest".
Perhaps some HE authority will determine it is part of the building's story, with no adverse impact?
nicholas waring, modified 8 Years ago.
RE: Planning notices
Enthusiast Posts: 29 Join Date: 21/01/12 Recent Postsseems i have no choice with my LA - the notices just appear, as if someone had paid a small fee to some leaflet-dropper who also spreads news of bumper pizzas, bargain wines etc etc.
Back to the original post - I haven't refused to allow site notices for a planning application to be placed on my land, and I am the applicant. I have not removed the planning notice,
merely asked the LA to stop its practice.
there are railings nearby (mine) to which a notice could be attached, but that would likely require the use of a waetherproof laminate and plastic ties, which a cash-strapped LA might find hard to finanance.
Ed Murphy, modified 8 Years ago.
RE: Planning notices
New Member Posts: 16 Join Date: 12/08/13 Recent PostsWe moved from laminating paper site notices a few years ago to using weatherproof 'duck paper' - more expensive to buy but cheaper 'time' costs as no laminating required, secured with cable ties. Overall, these were no dearer than laminating paper: they're weatherproof, can be written on with a marker pen (for dates) and happily run through a laser printer. I suggest Blu-tac is not fit for the purpose of displaying site notices anyway!
Isn't the sustainable answer that the requirement to post site notices and/or place adverts in newspapers should be scrapped and replaced with doing it all online, and maybe the LPA tweeting that an application has been made on one of Nicks buildings?
That has to be more efficent and will save LPAs money.