[UK-CONTEST] GM4FAM friends 3 for 1 Tower

GM0ONX gm0onx at googlemail.com
Mon Feb 15 00:29:49 PST 2010


A Local Planning Authority (LPA) must invite the 'offender' to apply for 
planning permission unless there is no chance they will receive planning 
permission. A decision requesting removal a mast without giving the 
option of applying for planning permission can be challenged to the 
Planning Inspectorate and can have serious consequences for the LPA if 
they do not follow their Local Plan fully. Few LPA Local Plans refer to 
amateur radio. For this reason few LPA are willing to take this route as 
planning permission is often given for amateur radio mast in residential 
areas. Much 'safer' to let the 'offender' apply for planning permission 
and fail it on visual amenity grounds.

The LPA CANNOT remove the mast after 14 days unless it is dangerous. The 
minimum time given for an enforcement notice is 28 days not 14. If an 
appeal against the enforcement notice is made no further action can be 
taken until it is determined (unless dangerous). An enforcement notice 
must be served within 4 years (single residential dwelling which is not 
a listed building) or it cannot be enforced (TCP Chapter 8 section 172)

The link below explains the process

http://www.planning-applications.co.uk/enforcement1.htm
http://www.planning-inspectorate.gov.uk/pins/appeals/enforcement_appeals/index.htm 




Len GM0ONX


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