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Letter: Is there any planning enforcement on the Isle of Wight?

We always welcome a Letter to the Editor to share with our readers – unsurprisingly they don’t always reflect the views of this publication. If you have something you’d like to share, get in touch and of course, your considered comments are welcome below.

Gordon Payne shares this letter below, sent to the IWC, MP and his ward councillor regarding some holiday homes in his area. Ed


Dear Sir/Madam

I realise that the Isle of Wight Council has no power to prevent development from proceeding even though planning permission has not yet been granted.

In this case, however, the development includes flagrant breaches of the conditions previously imposed when permission was granted for an earlier development.

No excavation permitted
On that occasion, the Council stipulated that there must be no cutting into the northern bank of the land which adjoins my property, so as not to destabilise the land.

Not only has the bank been excavated to a distance of several feet, but the trees and shrubs which once grew on the bank and helped to bind the ground have been, not merely cut down, but ripped out by the roots. No retaining wall has been constructed to prevent the collapse of the bank.

Where is the enforcement?
What is the point of imposing conditions – very sensible and necessary conditions – if the Council fails to enforce them? Will the Council share the responsibility for damage to my land and property caused by these breaches they have ignored and, by failing to act, condoned?

Rules exist to protect the environment, and the Council has a responsibility to enforce them. This development is simply lawlessness in pursuit of profit, and the Council appears to be encouraging it.

I strongly urge the Council to enforce the conditions it has itself imposed, before it is too late.

Regards, Gordon Payne

Image: mnmlbeat under CC BY 2.0

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Island Monkey
29, March 2016 1:30 pm

Surely you need to ‘cut in’ to the bank, in order to build a retaining wall? How else could you build a retaining wall?

Having construction going on next to you is often inconvenient, but it is usually progress, as they say, you can’t make an omelette without cracking eggs. It will soon be over, and our enforcement officers are usually on top of their profession.

dave
Reply to  Island Monkey
30, March 2016 4:32 pm

Island Monkey shows itself to be something of [part of comment removed].

bess
Reply to  dave
31, March 2016 9:25 am

I hope ‘DAVE’ replies again with nothing written that could be ‘removed’

Cicero
29, March 2016 1:45 pm

Gordon Payne might have a case in law that could be worth investigating.

billy builder
29, March 2016 1:56 pm

A party wall agreement is required by law when working on or near the boundary with an adjoining property. This agreement would record the condition of the adjoining property prior to the commencement of works. If subsequent damage is detected the contractor will be liable.

Whether or not such an agreement is required will depend on the proximity of the works.

Try googling Party Wall Agreement

Cicero
Reply to  billy builder
29, March 2016 2:08 pm

“Good fences make good neighbours!” :-))

Cicero
29, March 2016 2:21 pm

Take a look at the tort of Private Nuisance and the case law on natural right of support. “Ownership of surface land carries prima facie a natural right of support which is a right to have the surface kept in its natural position and condition. The right is not an easement but a natural right incident to the ownership of the soil.” (per Charlie Newington-Bridges, Barrister, St… Read more »

sam salt
29, March 2016 4:31 pm

I am inclined to agree with Gordon that there is no Planning Enforcement on the Island. Every day we see planning regulations flouted, developers being liberal with the truth and our Island being spoilt by those without any respect for their surroundings. The problem lays firmly at the feet of the IWC Planning Dept. The Head of Planning is out of their depth and Planning Officers are… Read more »

Ventnorian
29, March 2016 4:52 pm

I come past that site every day to work and the state of the roadside and verges are appalling. Detritis and general degradation in evidence along the route, road signs, markers and hedgerows covered in mud and spray. What does that say to our visitors coming from Fishbourne or en route to Robin Hill?

Fred Karno
29, March 2016 4:54 pm

Although this might sound incredible, the actual reality concerning Local Authorities and planning is unbelievable, but I can assure readers that this is the true reality. Local Authorities have a statutory duty, (They must by law), provide a Planning Service to consider Planning Applications and act according to their statutory duties. However, the provision of Planning Enforcement is only a discretionary duty. In other words, they have… Read more »

Steephill Jack
Reply to  Fred Karno
29, March 2016 8:15 pm

We lack the officers to do the enforcement. I blame Andrew Turner.

dave
Reply to  Fred Karno
30, March 2016 4:41 pm

If the provision of Planning Enforcement is only discretionary then surely there is no point in having a planning service. It’s like making it illegal to commit murder but not enforcing that law.

Island Monkey
29, March 2016 5:39 pm

Where’s Phil Jordan on this thread? He’s always got an opinion, he must defend his professional officers.

phil jordan
Reply to  Island Monkey
29, March 2016 8:03 pm

island monkey:

“always got an opinion” …..?

don’t think so….and when I do post it usually carries facts and information on matters I either know about or have some responsibility for….

helpful comments already from a number of posters on this….. I cannot add anything more to the debate.

Island Monkey
Reply to  phil jordan
29, March 2016 10:25 pm

Spoken like a politician. No facts in your answer, no defence of the officers. Blame the Tories by implication.

Oppenheimer's Spectre
Reply to  Island Monkey
29, March 2016 10:56 pm

Sorry, I cant let that go. Phil Jordan has not implied any blame for the tories. He has stated very clearly that he has nothing to add to the debate, factual or otherwise. He IS a politician – so no surprise that he speaks like one. On the other hand, Mr Monkey, you have posted a fairly aggressive comment demanding to know why Phil Jordan has not… Read more »

dave
Reply to  Island Monkey
30, March 2016 4:38 pm

Island Monkey is definitely [part of comment removed by moderator]. No blame is implied so Island Monkey should get back to his trees.

tiki
29, March 2016 8:37 pm

On the subject of breaching planning laws perhaps On The Wight could ask the Isle of Wight Council why the owner of THE THREE CROWNS in Cowes has got away with blatantly breaching his planning conditions. It was a listed building ( you may recall part of it ‘accidentally’ falling down last year). When I asked a Cowes Town Cllr what was being done about it I… Read more »

edgouge
29, March 2016 8:53 pm

There are two problems here:- As Fred Karno says planning enforcement is a discretionary duty on local authorities. The Government has taken so much grant away from the Isle of Wight Council that they have hardly any money left to fund discretionary services. This means that there is almost no staff now to deal with the hundreds of cases of planning enforcement that are reported to them.… Read more »

Peter Rogers
29, March 2016 9:00 pm

I also think that Gordon is correct in his assumption that our LA planners are failing in their enforcement responsibilities. In 2009 the Forestry Commission sold Woodhouse Copse Brocks Road. Natural England, in the sale details said; This Ancient woodland, of high nature conservation interest and value, had PUBLIC access under the 2002 CROW Act. In the 7 years since its sale, the purchaser, Mr Graeme Kirk… Read more »

bess
Reply to  Peter Rogers
31, March 2016 9:38 am

I fought similar circumstances for years, and all it contributed to was keeping most of these so called ‘planning’ officials an other ‘locsl’ cronies employed whilst they supposedly investigated. The developers and those they hire must make it worthwhile for everyone else concerned besides the lowly homeowner who seems to have no rights at all, or they are ignored by timewasters

Cicero
Reply to  Peter Rogers
31, March 2016 9:54 am

Once again the tort of Private Nuisance and a No Win-No Fee lawyer might come to your aid. If successful, he/she might get you damages (e.g. the reduction of property value and enjoyment as a result of the private nuisance) as well as legal costs

Consult a lawyer before taking action. You can inspect the case law by googling law by googling “e-lawresources.co.uk/Nuisance.php”

Lorraine Hayles
28, April 2016 10:06 am

How is it developers building properties can get away with doing deliberate damage to an artificial sett as has happened at The island Packaging site presently under development. His actions have caused a lot of grief for local homeowners near this site as forcing the local badgers out of their sett and natural habitat here by building more houses on this green ‘ protected’ space, damaging the… Read more »

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