Forum Topic

Failure to Display Public Notice on Planning Application

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" vmfree@madasafish.com

Victor Mishiku ● 1077d37 Comments

I have received no acknowledgement or response from the Chief Planning Officer to whom I wrote twice 7 days ago and also wrote to Ms Parvinder Derashri (Planning Administrator) who succeeded Mrs Chris Hall who would have actioned this matter immediately.Now it will be 17 days since the 21 days purported Notice commenced on 6th September 2021 but it has never been seen in any of the three roads affected by the proposed development at 2 Denbigh Road, Ealing W13.I have now written to the new Leader of the Council, Cllr. Peter Mason, who I believe holds a Master's Degree in Town Planning.Please see my e-mail to Cllr. Mason of 22nd September 2021 at this link.https://www.dropbox.com/s/pih1jwn1p2tv2jn/E-MailToCllrPeterMason22ndSept2021.pdf?dl=0I have not included the 3 attachments to the e-mail in this posting but I can make them available to anyone who wishes to see them. Two are published on the Council's Planning Website and the third one is my posting on this Forum made on 19th September 2021 at 13.49 in this topic.I was told that Cllr. Mason acted immediately on a similar matter nearby in Gordon Road replying in under half-an-hour to the local Residents Association (GRASS) who had expressed concerns about notification - whereas I have heard nothing whatsoever in response to my two e-mails to Ms Jackson of 16th September 2021 nor my e-mail to Ms Derashri of the following day, all sent and/or copied to Council Officers & many Members of the Council.Victor Mishiku  23/9/2021"The Covenant Movement"vmfree@madasafish.com

Victor Mishiku ● 946d

Anthony, RaymondI *get* everything you say - both of you - and everyone else on this thread. Of course I do. Absolutely.People are very despondent. Truth be told - So am I.But - perhaps because I'm a touch new to all this - let me at least try to take a more positive view.On a positive note - to implement something like this would mean:I suspect a system like this would be a UK first - and, IF it all worked properly - a massive feather in the cap of Ealing Council. "Hey look at us, we're inclusive, we're democratic, we're leading the pack" - plus its a Labour council ie the voice of the people etc. Let them do good!Why they'd be on the news. Even the Council leaders - the ones who were responsible for SUCCESSFULLY implementing such a scheme - they'd get exposure, they would probably advance in their political careers. It could be a massive Win-Win - for everybody.And before you know it - IF it was implemented properly, carefully - that is to say it worked, was fit for purpose easy to run - why before long the whole country would get into it. No Question.I suspect the Council would need to do a small pilot scheme first - for say 3/6 months, for a small area - iron out any teething problems before going live.It does need a proper thinking through.Regarding the availability of email - I suspect even those who don't have broadband - they have mobiles? So this not likely to be a huge number.Regarding people who really do not have email - then they are registered as such on the Council database - and they get paper.I believe the reason they scrapped the old letter system a few years back - was to save money? (Incredible as it sounds .. ) Well I doubt that more than 20% of local residents really don't have email access so that would be a large saving to start with.I believe people would FEEL GOOD to be included in this small way - they would FEEL GOOD about the Council !! Imagine that!Let the yellow notice scheme continue as a backup - its not much good but its probably very very cheap to run anyways.Obviously the whole thing needs to be thought through carefully - system analyst gets involved, talks to all the people involved, makes sure all the bases are covered at the design stage.I worked in IT - this stuff is bread & butter - it ain't rocket science.Some of my old work colleagues - private sector types - highly competent, hard working, smart sharp motivated people - I reckon they could whip up something like this pretty quick.Or - as you say:> Sole traders have better more inclusive sites and they manage those on a shoestring.That's right - means there is a lot of expertise out there in the market on this kind of thing. Its already there. Just need to find the right outfit to implement it.Now - on a negative or shall we say "coercive" or "gently or not so gently leading the horse to water" note - If the Council doesn't improve their system in respect of planning (one specific area) & communicating with their residents - then somebody, somewhere needs to take them to court & force them to do it.The system is not fit for purpose - the system doesn't work properly - the System is broken. They're not fixing it - they're not going to fix it - they can't be asked to fix it.Again - returning to the example of buying a product on the market, even something trivial - well if that product was defective and this defect had consequences, you'd exchange communications with the company on a reasonable level - requesting them to do their duty & fulfil their obligations, you'd act nicely and within reason - most people (though not all) can be reasonable & decent if you give them a chance - but if after a while you saw that the supplier was not going to do anything to fix the problem - that he/she was ignoring your reasonable communications - well you'd threaten them with the solicitors. In my experience that is usually when they sit up & take notice - and get the problem resolved.My argument in this case would be as before - one's house/flat/property - is usually BY FAR the biggest most significant investment people make in their lives. People spend their whole lives paying off the mortgage.Unnecessary stress - unnecessarily caused - by unnecessary procedures - and especially when these can be improved or resolved so easily in this day & age - causes real grief to real people. They can get heart attacks from the stress & worry. Sometimes the people affected are already old & frail, or already under huge pressure due to real life situations be it family, work, dealing with illness or whatever.Given what's out there in terms of technology and given how archaic & ineffective the Council's NON-inclusive UNdemocratic system is currently - well surely there is a case for negligence - or some similar or appropriate legal term or proceeding that fits the scenario.It won't be me who does something like this - I couldn't manage something like that - I'm one of those stressed-out never-enough-time so-much-to-do people.But I think somebody could ...One last thing:Spare a thought for the Council Planning staff - this discussion is specifically about planning. At this time with all this pressure from endless new applications - there is literally a "feeding frenzy" going on out there regarding property & property development - the pressure to "create more housing" - to follow all the new legislation that's coming out all the time (NPPF, London Plan, Ealing docuemnts to name but a few) - to keep everyone happy - to handle all the budget cuts as well and the very real implications of those - I bet they are inundated, overworked. In truth I cannot imagine how difficult it must be to work there - the constant grinding stress, endless - never enough time to focus on one issue - which causes mistakes, then more stress - and the pay is probably not that good either - remember all the government cuts of the last decade as well.They are probably getting it from all sides.So spare a thought ....I think its always better to at least try to get people "on-side" - rather than attack attack criticize slag off => causes resistance.Wasn't it Churchill who said - Jaw-JAw is always better than War-War.Yes it was him - I just looked it up - this is 2021 we have the Internet it is AMAZINGSo come on Ealing Council !!! COME ON!!! :))That's my 50 cents for now ... :))

Steven Pawlyk ● 949d

I've got an important point to make - I think.Bear with me.Whenever you buy something on the Internet - even something insignificant like batteries or printer cartridges, or my missus gets her face cream from Boots - you get an email confirming your purchase, often you get an email informing you that the order is being handled in the warehouse, then you get an email telling you the order's been dispatched - THEN the delivery company sends you an email telling you the expected date/time which sometimes even contains a link whereby you can track the delivery van's progress on a map, with "You are Delivery No. 65, the van is on delivery No. 32, expect to be with you at X".I think we all recognize this no?But with these planning applications - which can have a massive affect on the biggest investment people ever make in their lives - their property (flat or house) - which they usually spend most of their adult lives paying off the mortgage - they get ... yellow notices? That might or might not be there?And anyhow - who has time to pound the streets looking at / for those? Its few.Everybody's working hard, looking after families, often very busy with life stress, maybe illness comes along etc etc. Its all head down rush rush rush. Modern living.It cuts no slack. You miss the deadlines? (the ones you didn't even know about) - you're stuffed.To my mind this is undemocratic, certainly not inclusive. Its practically willful negligence.So here's what I'm thinking:EMAIL!!They have all your names on the council database - mostly with Email addresses.Once a planning application is received, the system can automatically work out all the local neighbours & local residents, and send an email to them.Email can even be sent which automatically send a response to the sender when you open / read it - so they know you've received it. And that can be automatically registered at the Council. So they can send an email with the details of the planning application or links - including information about what you can do / what your rights are.If using the "Read Response" method - the Council could even send a further Reminder email, if you don't read it within say, 10 days or so.The address & brief description of the proposal must be in the Subject line.At every stage of the planning process - application made, decision reached, going to committee etc etc - they can automatically send an email.And for those few who don't have email - they send post. Especially if they're worried about the cost of paper & stamps. (!!)And for the planning officers it'd be easy - they just press a button - the system does it all for them.I mean come on. This is the 21st Century right?

Steven Pawlyk ● 949d

Another instance of the absence of the yellow Public Notice.For some 60 years, Ealing Council sent out individual Notice Letters giving a minimum of 21 days from the receipt of the Notice in which to make comments on a planning application.About 6 years ago or so, the Council stopped this practice and now rely upon the yellow Public Notices being tied to lampposts in several locations close to the application land. This apparently was to save some £35,000 per annum. Backland or Backgarden developments may affect residents of different adjacent roads i.e. properties opposite, either side and at the back such as in the backgarden (Greenfield) case at 1 Golden Manor W7 (refused at Planning Committee in July 2021 contrary to officers' recommendations to grant).  Likewise developments proposed near a corner may affect properties in two or more  roads. This is the case with the new planning application at 2 Denbigh Road which would impinge on 2A Denbigh Road (formerly part of the garden grounds of 98 Gordon Road and still owned by the family at No. 98), 4 Denbigh Road, 100 Gordon Road and 102 Gordon Road and also residents of the Albany Road cul-de-sac at the back where there are vehicular access points to parking or a garage.I was contacted on 16th September 2021 by the owner of 100 Gordon Road saying that she had just been informed by a tenant at 2A Denbigh Road (carved out of 98 Gordon Road) that a planning application had been made in August 2021 by the new owners of No.2 Denbigh Road.The owner of 100 Gordon Road said that she had not been aware of this application and I asked her to look outside in both Denbigh Road and Gordon Road to see if there was a yellow Public Notice on display but she said that no Public Notices were displayed relating to the case at No.2.I also visited the area twice that same day (16th) and took photos of numerous old Notices about Castle House, Perceval House, 28 Albany Road and 98 Gordon Road dating from September 2020, May & June 2021 and also August 2021 - however NONE of the Public Notices related to the proposed development at 2 Denbigh Road!The Council's Planning Website indicates that a Public Notice was put up in Albany Road and Denbigh Road.  Neither was on display when I visited the area twice.  No Notice in Gordon Road means that the owner of No.100 would not ever know about the planning application, as she does not walk up Denbigh Road or Albany Road (a turning off Denbigh Road) but if leaving her home, she would simply walk along Gordon Road up until Haven Green and then turn right to the shops.The new Chief Planning Officer, Ms Alex Jackson, has stated in the past that Ealing Council Planning is proud of the fact that Ealing carries out MORE than the statutory requirements to notify residents of planning applications in their neighbourhood.The sad fact is that in the above case and in others we know of not even the minimum statutory notification has been effected.The owner of 7 Ashbourne Close W5 has twice written to Mr David Scourfield when he was the Chief Planning Officer on 21st February and 22nd March 2021 about the absence of a Notice in her Close with detailed information of how this nearly debarred her from responding to a subsequent appeal to PINS and we can see that the problems have not entirely gone away. Mr Scourfield did not reply to No.7 and has since left his employ at Ealing Council's Planning Department - hence the recent promotion of Ms Alex Jackson as the current Chief Planning Officer.I have written to Ms Jackson about this new instance at No.2 in two e-mails dated 16th September 2021 followed up by an e-mail the next day to Ms Parvinder Derashri, Planning Administrator, whose duty it is, I believe, to organise the notification procedures when planning applicants are received by the Council' Planning Department.On the Council's Planning Website, a Public Notice is shown as having been put up on the 6th September 2021 and expiring on the 27th in two roads but as I write today, 13 days have now elapsed out of the usual 21 days and there are no Public Notices up at all in any of the three affected roads!All three roads were checked again today (19th September) by a neighbour and photos taken but there are still no Public Notices up relating to the No.2 planning application.My original and second e-mail to Ms Alex Jackson can be read in full at the following link:https://www.dropbox.com/s/2ms019gjqsix44f/Further%20E-Mail%20to%20Ms.%20Alex%20Jackson_16thSept2021.pdf?dl=0Hopefully, this link works but if not, please e-mail me at vmfree@madasafish.com and I can provide the messages sent to Ms Jackson.  I have copied this information to Ward Councillors and the new Leader of the Council, Cllr. Peter Mason, who I believe holds a Masters Degree in Town Planning, and others.I would add that since Ms Jackson has made a public statement (in my hearing) that Ealing Council carries out MORE than the statutory requirements to notify neighbours of planning applications, there is also a reasonable expectation that this will occur - but, as we can see, it doesn't seem to be!Victor Mishiku  19/9/2021"The Covenant Movement"(voluntarily assisting Ealing residents on planning & covenants for over 35 years)

Victor Mishiku ● 950d

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 ● 1047d

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 ● 1075d