[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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