We asked the question a couple of weeks ago whether the tide was turning in the planning department and from our dealings with Daniel Child, the new head of enforcement, it looks like it is.
Those who have followed the long running saga of Michael Jennings and his serial abuse of the planning system will know that last November the Planning Committee came down hard on Mr Jennings and his retrospective applications associated with St Joseph’s in Madeira Road.
Our biggest concern was the unauthorised roof garden that is now being used by the occupants.
First the Good News
Mr Child has today confirmed earlier in the week that a Breach of Condition Notice has been served on the owner and occupier of the property.
There is no right to appeal on the notice and if the roof garden is used after 28 days then the IWC have every right to prosecute the owner, as to breach such notice is an offence.
The Bad News
The bad news is that despite being told three times by the Local Planning Authority (LPA) and once by the Planning Inspectorate that he cannot use the roof garden as it infringes our privacy, Michael Jennings has once again submitted an application to make use of the unauthorised space.
Mr Child sadly confirms that Mr Jennings is within his rights to submit the application because it does differ slightly from the previous ones.
The ultimate goal is the same – money. A flat with a roof garden is worth more money to Jennings that one without. As much as we’d love for the occupier to have an outside space, use of the that roof as a roof garden is a direct infringement of our privacy (you can see every blade of grass in our garden from up there).
If this application isn’t a blatant waste of planning officers time and tax payers money, we don’t know what is.
Would love to hear what you think. Do leave a comment, although please be sure you keep to the decency rules.
The plans will are available to view online where you can also leave your comments.
