Ever since Ealing Planning Department stopped sending out Notification Letters giving 21 days in which to respond to planning applications nearby, the system of putting up the yellow Public Notices on lampposts has been less than perfect.Disregarding instances where developers have likely pulled them down, the Planning Department itself has not always acted sensibly to ensure that affected neighbours know what it being proposed at close proximity.In a case in Rotherwick Hill (part of the Haymills Estate in Ealing W5), an unneighbourly play tower & platform was erected without planning permission. Eventually, planning applications were made but the Council did not put up any Notices in the road where the adjoining back garden of an Ashbourne Close neighbour would be badly affected and where the neighbour had previously complained about the unauthorised structure overlooking their garden.Because no yellow Public Notice was put up in Ashbourne Close, the most affected neighbour was unaware of the latest application and therefore did not write in within the usual 21 days - only finding out that an Appeal to The Planning Inspectorate (PINS) had been lodged months later. Because the neighbour had not filed an objection at first instance, the rules did not allow her to respond to the Appeal!The writer contacted PINS to explain the situation which was made worse as the Appellant's Planning Consultants were stressing that the neighbour had not objected at first instance and therefore there was no problem!PINS however were not satisfied that natural justice was being observed and ruled that the affected neighbour should be allowed to make her objections.The Appeal was dismissed by PINS yesterday - please see at:https://www.dropbox.com/preview/AppealDecisionDismissedByPINS.13thMay2021.pdf?role=personalThis result vindicates the objection of the neighbour in Ashbourne Close - the road in which the Planning Department failed to put up a Public Notice!V.Mishiku - "The Covenant Movement" email@example.com
Victor Mishiku ● 124d20 Comments
& how the hell a neighbour was granted planning permission, it’s a wee wee take.A residential house now 2 x 3 bed flats, with who knows how many cars to swamp area.The single storey garage now 2 floor & about 4 feet from a bedroom window, great privacy & loss of light.Some huge outhouse at bottom of garden, all done by Chinese builders who lived on site for at least 9 months.(probably illegal immigrants)The council nowhere to be seen & uncontactable
Peter Yale ● 58d
the display of yellow notices is a real problem as they are put often on the wrong side of the road , few people know what they refer to and landlords wont know about it unless they are informed by tenants who may not even care , why they select lam posts and not metal parking signs when they are more logical? we also need to have a legal right to peace and quiet , far too many buildiung applications are made that violate neighbours rights to quiet enjoyment and devalue their property via noise, shade, and gardens being turned into building sites ,its a balancing act I admit but at the moment far too much support is being given to ' permitted development'
Paul Taylor ● 64d
Same in my road, no yellow notice.By all accounts development over size & work ploughed on waiting for retrospective planning permission.As for getting hold of anyone on the council, forget it
Peter Yale ● 93d
Absolutely nailed it may I say. It's akin to the planning notice for the destruction of Earth in the seminal "Hitchhiker's Guide to the Galaxy" where the planning notice was in a cellar in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.”
N V Brooks ● 93d
There remains a statutory obligation to publish planning notifications in a local newspaper. I don't know what the situation is in the rest of the borough but the only way I could get a copy of the Ealing Gazette up until about two years ago was to visit Morrisons in the centre of Acton. Even before the pandemic the practice of dumping a few dozen copies of the paper at the entrance appears to have stopped. I understand the Ealing Gazette is no more and has been replaced by a west London wide publication called The Gazette which is where Ealing Council now places its official notices of planning applications and traffic orders. I have never seen a copy of this newspaper - it hasn't been available at Morrisons when I have been there.The article by the planning consultant which is often very pointedly linked to on planning related stories on this site makes it clear that during the pandemic local authorities should have taken account of any interruptions in distribution of printed newspapers in which they published notices and looked to make alternative provision including digital channels. Ealing Council however appear to be quite happy to choose a means to publicise planning applications which minimises the number of people who will be aware of them.
Andy Jones ● 94d
It seems that Julian Bell, when he was Council Leader, soon after the 2015 General Election, deliberately discontinued the service of Planning Notification Letters. This, it seems, is because endearing himself to developers, except beyond "his back garden" where he lives, or the ward he represents, i.e. Greenford Broadway, was more important than serving the people. That includes keeping the people informed.
Anthony Hawran ● 94d
As far as I know there is no longer an obligation, save for the nonsensical yellow lampost notices, for any notification of a development to be sent.
N V Brooks ● 94d
It would not surprise me if this is an attempt to bypass planning law, where the Planning Officers are deliberately hiding details from the public and other interested parties.Despite the recent changes in the political personnel at the top, in the council politburo, i.e. Peter Mason replacing Julian Bell as Council Leader, the spirit is the same. That means be a quisling or a Vichy Collaborator on behalf of the developer, rather than serving the public, and keeping them informed. One part of keeping the public informed means sending out Planning Notification Letters to people that might be affected by proposed planning developments. The Council seem to have deliberately neglected to to this.
Anthony Hawran ● 94d
I originally referred to the absence of Public Notices informing adjoining residents of planning applications very close by and gave an example of a case on the Haymills Estate in Ealing W5 where a development affecting neighbours in Ashbourne Close to the rear was not publicised and which nearly deprived them of their right to make representations to The Planning Inspectorate when the case went further.Now another disturbing issue has arisen. This is the contentious matter of developers seeking "pre-application advice" before submitting their applications to the Council.I have been informed of several cases involving the same Planning Agent (of Chalkline) where the Planning Application Form has either not been completed properly or if it ever was, the details have been hidden by the Planning Department as relate to "pre-application advice".Under planning law, there is a requirement for the Council to maintain a Public Register of Planning Application documents. The 2015 legislation provides full details - The Town and Country Planning (Development Management Procedure) (England) Order 2015. Application Forms must be truthfully completed including details of Ownership of the land to which the application relates.In a very recent case at 98 Gordon Road, Ealing W13 (which has already lost part of its grounds to new development), the Planning Application Form enquires in section 36 of the form: "Pre-application Advice - Has assistance or prior advice been sought from the local authority about this application?" The answer states "yes". The next questions ask for the title & full name of the Officer giving such advice; the date, reference and details of the advice received. In the Gordon Road case, the Application Form is missing all details bar the date and the word "Miss" (indicating a female officer). The Form also states re. the details of the advice received "refer to design and access" (a 16-page document from the agents). However, I cannot see any details of the advice received in that document and I have been told that the same agent has done similar in another case in Ealing Common.It should be noted that applicants' information supplied to the Council in the Application Form that is inconsistent and/or incorrect is rendered voidable according to existing planning law. In particular, Section 327A of the Town and Country Planning Act 1990 (as amended) makes it clear that the local planning authority must not entertain such an application.The question is: Are these developers' agents withholding information on the Application Forms or are Planning Officers deliberating hiding the details from the public and other interested parties? If so, is this by some kind of private arrangement thus attempting to bypass planning law? Victor Mishiku 13/6/2021
Victor Mishiku ● 94d
Problem is a huge section of council tax paying residents do not have full and secure internet access. A significant proportion and they are effectively frozen out of all that goes on in their names.The govt survey assumes that if someone has an email address they are thus online.My Mother has an email address but she has no computer or online access.She pays her council tax but gets no communication or contact whatsoever, we have to do it on her behalf. But that's for vital things. Being able to be counted and allowed to input on issues is not possible.Nor is it possible for those who are able to afford broadband but don't have up to date hardware or operating systems.Letters seldom get replied to ( nor do emails come to that) and telephone contact is impossible.There should be a box to tick when council tax is due to opt for Keep Me Posted to allow those who are not able for whatever reason to use online means to be able to contact direct by phone and be contacted by post.When Alzheimers sufferers are told to do it online, you know something is failing.
Raymond Havelock ● 121d
Local Council Politics is just SO honourable isn't it.I mean, it positively reeks of integrity. 🤣
Rosco White ● 121d
Yet Bell somehow managed to find £100k a year of public money to subsidise the dire Around Ealing magazine, which somehow avoids telling us anything we might reasonably need to know (such as the Perceval House development or Gurnell or even the Town Hall giveaway).It has been good for puff pieces, which is why Bell refused to reduce the budget for it.
Simon Hayes ● 121d
In the summer of 2015, Julian Bell, when he was the Council Leader got rid of Planning Notification Letters. He told me, just after the 2015 General Election, he was getting rid of them because he did not have the money for this public service because of "Tory cuts". Yet he had, it seems all the time and money in the world to endear himself to developers. Examples of this include the proposed Percival House and Manor Road redevelopments that would not provide very much needed family housing, or publishing of the Ealing in London magazine. Being a virtual signalling officious feudal social engineer, it seems, is/was more important to him and his sycophants within the ruling cohort, than it is to serve the public that elected him. That means keeping the people and public informed, so there is less liklihood of cases such as 9 Rotherwick Hill or the Darwin Road/South Ealing Road corner occuring. Yellow Notices in themselves are not enough. Planning Notification Letters should be reintroduced/brought back.
Anthony Hawran ● 121d
Now that more of Ealing is accessible to the council via e-mail and text messages as the data collection for the (outgoing) Council Leader Bell's diligent Covid-19 online bulletins produces redults, could we ot just have this information texted and e-mailed to us as per our postcode? We have the technology, now all we nned to do is to capture some more data to give comprhensive coverage across Ealing?
Victor Helm ● 122d
Yes - not only did they fail to put up Notices regarding 9 Rotherwick Hill, the Council did the same thing in relation to the neighbouring house at 7 Rotherwick Hill i.e. no Public Notices in Ashbourne Close where, yet again, my house will be affected greatly by this new development. Yet again, I had no opportunity to submit my objection.
ANN ALLAN ● 122d
Just recently a business on the corner of Darwin Road and South Ealing Road changed from a swish limousine rental to a tyre and car wash emporium. Nobody knew it was going to happen, not even the businesses next door. The first clue was when large and gaudy hoardings advertising the business appeared the day it opened. Totally out of character with the area.The business owner insists the yellow notices were displayed on South Ealing Road, yet nobody seems to have seen them. Very odd. They might have mysteriously blown away in a sudden gust of wind. It meant no objections to the change of use were lodged.However, the large and gaudy hoardings were taken down within days, presumably because the relevant permissions hadn’t been granted. But the business continues to operate on its cramped site.
Simon Hayes ● 122d
Before the Yellow Notices system, individual Notification Letters would be sent out by the Planning Department to neighbouring properties back and front or opposite where sensible giving 21 days in which to make comments to the Planning Department.Cases frequently take more than a month or more to be dealt with especially if there are defects in the Plans or the Ownership Certificates (rendering the application voidable) - the latter usually arising when an applicant (or by their agent) falsely claims to own all of the land to which the application relates.Residents can continue to submit comments by e-mail or letter after the 21 days has elapsed. In one of our cases to save the "Haven Stables" (1877) from being demolished and redeveloped as a huge 4-Storey Block of Flats, we were submitting objections and Petition sheets long after the 21-day period since the application took many months to be considered. It was finally sent to Committee fully recommended for granting by the Planning Department - however it was refused by the Planning Committee and a subsequent Appeal to The Planning Inspectorate was also dismissed.I recall cases in Creswick Road/Pierrepoint Road, Gibbon Road all in Acton where next door neighbours did not know about applications as the Yellow Notice had either never been put up or otherwise taken down (in one case taken down twice!). In Studland Road in Hanwell, when attending a Committee Site Visit, a resident from just down the road came up to me and told me that there was another development being proposed next to his house and he only found out about this by chance when a neighbour from another street informed him about it.In Mount Park Crescent (a Conservation Area), a resident told me that Public Notices were twice taken down within one day of their being put up.In the Rotherwick Hill case at No.9 where the most affected neighbour was in a house in Ashbourne Close that backs onto No.9, it was important that a Notice be put up in the latter road because by not responding to the usual 21-day Notice (if it had been put up), the neighbour was debarring herself from responding to the Householder Appeal process to PINS. Fortunately, as mentioned in my original posting, PINS departed from their very strict rules because of the circumstances in this instance and the neighbour was not only able to make her objection but also received a Site Visit from the Planning Inspector (as can be seen from the Decision Letter of 13th May 2021).Two very detailed letters to the Chief Planning Officer informing him about the failure to put up a Yellow Notice were sent to him in February and March this year - the neighbour concerned still awaits a reply.V. Mishiku "The Covenant Movement" 16/5/2021
Victor Mishiku ● 122d
These "Yellow Notices" often mysteriously disappear, with regularity, soon after they are put upThe system is a farce and a complete disservice to Council Taxpayers.Much like many other LBE "Services." Remember. DESTROY YOUR COMMUNITY, VOTE LOCAL LABOUR.
Rosco White ● 123d