Wednesday, September 19, 2007

Update on chronology

September 19th 2007. Still no provisional report. Still not seen a copy of the Council's defence to my 2002 complaint and still not seen a copy of the cross sectional plan. (That's the one the Council should have produced for planning permission purposes during the spring of 2001. No doubt that's why they couldn't apply for, and thus obtain, the necessary planning permission.)

A link to my previous posting on the chronology of events.

Funny thing is that the developer (the one who finished the site in September 2001) is still maintaining highway verges, open spaces and a play area (even though they are in breach of a section 106 planning agreement), whilst the Council state (but won't guarantee*) that the highway in question is adopted. Conversely, during the same period the Council have maintained part of the roadway that has not been adopted.

* By law a Council Highway Authority has to maintain an adopted road gazetteer. You are legally entitled to read it at no cost but if you want a definitive statement in writing from the council they are allowed by law to charge you a fee. The gazetteer stated that the roadway in question was adopted so I asked them for a definitive statement. They wanted £50 before they would provide me with a definitive statement. I paid the fee and received their response. The response included a clause stating that the statement was not definitive. In essence they had charged me £50 for something the free gazetteer had already told me. I asked them to either provide me with a definitive statement, that the roadway was in fact adopted, or return the fee. They returned my money. Their failure to provide me with the necessary definitive statement proves that the roadway is not actually adopted and the gazetteer entry is false. That is clearly misfeasance.

And that's why the developer is still maintaining the highway in question six years after they left the site! That's also the reason why the developer still owns the play area (and open spaces) six years after they should have been transferred to the Council.

The Council has been turning a blind eye to planning breaches for over six years now. Why? Because they need to hide the truth, and with a system of administrative justice like ours they can.

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