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V28-365 : QUESTIONS

(a) Planning Permissions

Councillor Shepherd submitted the following question in accordance with Standing Order 7(4):

"Can the Chairman explain:

1. What are the Council's responsibilities to check the ownership and size of the land when an applicant is given planning permission?

2. When the wrong information is given by an applicant, what is the effect of the permission?
(a) Is it legal?
(b) Does it stand?

3. When permission is implemented but the land is,
(a) part of a public right of way
(b) owned by a third party
whose responsibility is it to enforce a proper decision?

4. What redress is there for any effected persons?"

The Chairman gave the following reply:

1. "An application for planning permission must be accompanied by a certificate that the applicant is the sole owner of the land to which the application relates or has notified, or attempted to notify the owner or owners.

The Council is not responsible for this and is entitled to rely on the signed certificate submitted by the applicant.

2. Whether or not a defect in a certificate would result in any planning permission being quashed would depend on the circumstances of each case.

Where the irregularity is minor the Court would be unlikely to intervene. In more serious cases the Court has the power to strike down any permission if it thinks the facts so warrant.

Any person considering such an application would be well advised to take independent legal advice beforehand bearing in mind possible costs.

Two other points:
(a) Any action would have to be taken by a disaffected owner. No third party has standing. It also follows the Council would not take the action

(b) If the Council is made aware before the application is determined of an alleged inaccuracy in the certificate, it is entitled to hold off determination until the position is resolved.

3. (a) Rights of Way
There is a question on every application form requiring the applicant to research and disclose if any right of way is affected by application.

If application affecting right of way is approved then:
(i) Application for to diversion of right of way could be made.
(ii) It is open to Council to prosecute for obstruction (subject to evidence)

(b) Third party ownership

Anyone can apply for planning permission over anyone else's land (subject to duty to notify see 1 above)

But fact of grant of planning permission does not entitle recipient of permission to go onto other owners land without consent, ie. if A gets permission to go onto B's land but B does not give consent (as owner) for A to go on the land, the planning permission stays in force but A cannot implement it.

4. The Council can (subject to evidence) prosecute for an inaccurate certificate ( para 1 above) or obstruction of a right of way (para 3 (a) above).

An aggrieved owner, (again subject to evidence) would have civil rights to seek quashing of permission and/or damages for inaccurate certificate.

An aggrieved owner could prevent implementation (or part) of any permission granted against his will by refusing access to his land (para 3 (b) above).

(Note: An aggrieved person who is not also an owner is likely to be regarded by the Council as having few, if any, rights to get involved).

(b) Lowestoft Sports Centre Floor

Councillor Shepherd submitted the following question in accordance with Standing Order 7(4):

"Can the Chairman confirm that the money required for the Lowestoft Sports Centre floor is now available, and if so can he inform us as to when the work will take place?"

The Chairman gave the following reply:

"There is provision in the Capital Programme for this year. At present it is proposed to carry out the work during the shut down period over Christmas and New Year."

(c) Housing Benefits

Councillor Shepherd submitted the following question in accordance with Standing Order 7(4):

"Can the Chairman explain:

1. Why are some housing benefits taking so long to process (over six months)?

2. Why is the Council sending out benefit letters known to be incorrect? 3. What compensation is there for hardship to private tenants, caused by Waveney District Council's maladministration?

4. What actions are being taken to correct the computer program which seems to be blamed for errors for the past year?"

The Chairman gave the following reply:

1. "Currently there is a 12 week backlog of work. Some claims may be taking longer where we have not been provided with all the necessary information and in a few isolated cases where there are computer software problems. In these cases interim payments are considered.

2. Incorrect notifications are not knowingly sent out. Any that do occur are due to operator or system errors which are not picked up by the input control checks.

3. We are aware of the inadequate service currently being provided. For most claimants the delay will not cause financial hardship but if it does claims for recompense are considered on their merits.

4. The main problems now stem from the backlog and not from computer errors. The number of staff available to process claims has been increased. These staff have been trained and are now gaining the experience which is necessary for them to make a full contribution towards clearing the backlog."


Volume 28 Minute 365

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