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( Not all of the cc recipients are shown. Key passages have been highlighted thus)
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 27 August 2008 11:25
To: 'suejbrowne@yahoo.co.uk'; Cllr Philip Corthorne
Cc: 'Philip Corthorne'; et al
Subject: 45 Kingsend - Fence/hoarding
Sue, thanks for your continued efforts on behalf of Kingsend.
Whatever plans are or are not approved for 45 Kingsend the state of the property market is such that no building will take place for some time.
It is therefore even more imperative to get a new boundary fence / hoarding constructed.
I gather the site owners are not very co-operative.
In your e-mail to Mr Scarrott your said “The state of the fence at 45 Kingsend has been raised many times. Despite a few extra nails banged into the wood and someone changing the colour of the paint from red to cream, it still remains unsatisfactory. It has been insecure for months, as a side panel along the boundary with 49 Kingsend blew down”.
Did you get any response?
Philip, do the Council have powers to remedy this situation?
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 27 August 2008 21:10
To: Peter Silverman; suejbrowne@yahoo.co.uk
Cc: '
Subject: Re: 45 Kingsend - Fence/hoarding
Peter,
Nice to hear from you - hope you are keeping well.
I have cut and pasted below the response I had from Terry Scarrott back on 5th August regarding this issue.
I am not satisfied with progress on this and am chasing it now. The council does have powers to address this.
Will come back to you when I have more information.
Regards,
Philip.
Dear Councillor Corthorne,
I refer to the above and your recent enquiry and write to advise you of the current position.
I have previously dealt with this site and re-visited yesterday (4/8/2008), the actual land is located t 45 Kingsend, where the property has already been demolished.
43 Kingsend remains a private house, and although subject to a planning application, the property remains intact and apparently lived in.
45 Kingsend has been the subject of various planning applications, the latest ref: 16787/APP/2008/2092 was submitted on 9/7/2008 and is
currently going through the registration process.
The previous complaint relating to this site resulted in the hoarding being considered a Permitted Development by virtue of Schedule 2, Part
4, Class A of The Town and Country Planning (General Permitted Development) Order 1995 being a temporary structure to be removed at the
completion of the development. Therefore no further action was taken, and in the circumstances this is still the case.
I have however left a message for the acting agent to contact me in an effort to have the hoarding and site tidied up , and I am aware that this matter has also been brought to the attention of the Council's Building Control department.
I will update you as to the progress of this matter.
Regards,
Terry Scarrott
Planning Enforcement Officer
direct dial: 01895 556773
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 23 October 2008 15:50
To: 'Cllr Philip Corthorne'; 'suejbrowne@yahoo.co.uk'
Subject: 45 Kingsend - Fence/hoarding
Philip, unless I am mistaken nothing seems to have happened. The hoarding is still an eyesore. In the current economic climate it is unlikely that the site will be redeveloped for some time. I imagine the Council have had no joy from the owner. In such circumstances does a Council have powers to intervene and replace a hoarding with a more suitable structure??
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 24 October 2008 22:07
To: p@petersilverman.com; suejbrowne@yahoo.co.uk
Subject: Re: 45 Kingsend - Fence/hoarding
Peter,
I would expect the council to take such steps as are necessary to ensure it is not hazardous, at the very least.
I will have a look when I do my rounds on Sunday, and speak to building control department on Monday, and come back to you having done so.
With best wishes,
Philip.
----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 24 October 2008 22:07
To: p@petersilverman.com; suejbrowne@yahoo.co.uk
Subject: Re: 45 Kingsend - Fence/hoarding
Peter,
I would expect the council to take such steps as are necessary to ensure it is not hazardous, at the very least.
I will have a look when I do my rounds on Sunday, and speak to building control department on Monday, and come back to you having done so.
With best wishes,
Philip.
---------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 25 October 2008 10:38
To: 'Cllr Philip Corthorne'; 'suejbrowne@yahoo.co.uk'
Subject: 45 Kingsend - Fence/hoarding
Philip, thanks for that.
I am asking "In such circumstances does a Council have powers to intervene and replace a hoarding with a more suitable structure??"
Would it not be better therefore to forward my e-mail of 23rd Oct to the relevant officer and ask him or her to answer this specific question in a e-mail.
That way it will all be in writing and we will know where we stand.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 25 October 2008 23:35
To: Peter Silverman; suejbrowne@yahoo.co.uk
Subject: Re: 45 Kingsend - Fence/hoarding
Indeed Peter,
I will do that but still follow up with a phone call.
Philip.
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 28 October 2008 12:21
To: Peter Silverman; suejbrowne@yahoo.co.uk
Subject: Re: 45 Kingsend - Fence/hoarding
Peter,
I have spoken to the enforcement team, and have asked them to email the detail of the advice I've been given as you suggest, from your email of 23rd October which I have forwarded on.
There will be a site visit tomorrow, following which, subject to an assessment of the condition of the hoarding, I expect a notice to be served on the landowner to take remedial action.
However if he fails to do so the most the council can do is remove the structure altogether - which may be even less acceptable than the current situation.
I appreciate this does not address your point about the need for a "suitable structure", by which you presumably mean something which is not a ramshackle mess, covered in graffiti!
I would have hoped the council could have done more to achieve this, and am seeking a seeking a second opinion on this.
Philip.
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 28 October 2008 15:05
To: 'Cllr Philip Corthorne'
Subject: 45 Kingsend - Fence/hoarding
Philip, many thanks for that.
Who were the Officers you consulted by the way?
Had they served a notice on the owners before?
If not, did they say why they hadn’t?
Can I have a copy of the notice when it is served please?
Also, could you please forward to me a copy of your e-mail forwarding mine of 23rd to LBH Officers.
I bet you a fiver I do not receive a straight answer to my question.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 29 October 2008 18:18
To: Peter Silverman
Subject: Re: 45 Kingsend - Fence/hoarding
You're on Peter! I expect to get a straight answer - whether it is the one we are seeking is another matter!
The officer concerned is Andrew Perryman.
I can't say I asked about past action but will do so, and will also forward on the email I send on from you.
Will update you when I have further information.
With best wishes,
Philip.
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 29 October 2008 18:26
To: p@petersilverman.com
Subject: Fwd: 45 Kingsend - Fence/hoarding
Peter,
Sorry, I thought I had emailed for the advice to be confirmed, but I can't locate it so I guess not.
I have done so here, and as requested, am forwarding this to you for information.
With best wishes,
Philip.
>>> Cllr Philip Corthorne 29/10/2008 18:23 >>>
Andrew,
Notwithstanding the conversation we have had, I would appreciate you confirming the guidance you have given me by email please, so I can give this to my constituent, Mr Silverman.
Thanks,
Philip Corthorn
Please consider the environment - do you really need to print this e-mail?
e
>>> "Peter Silverman" <p@petersilverman.com> 23/10/2008 15:50 >>>
Philip, unless I am mistaken nothing seems to have happened. The hoarding is still an eyesore. In the current economic climate it is unlikely that the site will be redeveloped for some time. I imagine the Council have had no joy from the owner. In such circumstances does a Council have powers to intervene and replace a hoarding with a more suitable structure??
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 02 November 2008 00:03
To: p@petersilverman.com
Subject: Re: Fwd: 45 Kingsend - Fence/hoarding
Peter,
I am forwarding this for information. This may be a straight answer but it is not one I can accept and am seeking a second opinion.
Thanks,
Philip.
>>> John Fern 31/10/2008 09:53 >>>
Cllr Corthorne,
The hoarding at 45 Kingsend, Ruislip was erected some time ago and no licence or authority has been sought from the Highways Department.
All hoardings erected on private land adjacent to a public highway require the authority of the Council (unless such authority is dispensed with by the council). Any person erecting such a hoarding without such authority commits an offence under the Highways Act 1980. Likewise it is also an offence to use a hoarding that is insecurely fixed.
Some time ago, when our department dealt with highway enforcement, we were made aware of this hoarding and we made arrangements for our rapid response crew to attend the location and make safe the structure. Lengthy enquiries led us to a solicitor apparently acting for the owner, however he stated that he wanted no further dealings with this site and was reluctant to talk further. He did give us a phone number to contact but the person on the end of the phone denied being responsible for the site but stated he would arrange for repairs to be made. We believe the owner lives abroad but no further details can be gained. We were therefore unable to take any enforcement action against anyone.
The hoarding is in a poor state of repair but apart from our highway crews attending the site to make safe any danger to the public highway we do not have the authority to do more.
Regards
John
John Fern
Senior Highways Inspector
Street Scene Maintenance
4W/07 Civic Centre
High street
Uxbridge UB8 1UW
01895 277557
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 03 November 2008 13:26
To: Cllr Philip Corthorne
Subject: 45 Kingsend - Fence/hoarding
Philip, thank you for your e-mail of 2nd November forwarding John Fern's e-mail of 31st Oct.
I am sorry but it is not a straight answer to my question which was "In such circumstances does a Council have powers to intervene and replace a hoarding with a more suitable structure??"
To be fair to Officers, while you did forward my e-mail of 23/10/08 to Andrew Perryman (Building Control Dept ?),you did not specifically ask him to address my question. You asked him to confirm the guidance he had given you at your meeting. Under the Council's "pass-the-parcel rule" you subsequently received a reply not from Mr Perryman but from John Fern, a Senior Highways Inspector. His e-mail makes no reference to your meeting with Andrew, or the advice he gave you, never mind my e-mail of 23/10/08. He says that apart from making the site safe "we do not have the authority to do more". It is impossible to know by "we" whether he is referring to his Department (which in any case he indicated was no longer responsible for highway enforcement!!!) or the Council as a whole.
In your e-mail of 28th Oct you said that you expected that a notice would be served on the owner to take remedial action. However John Fern says that when complaints were made in the past no enforcement action could be take because of the difficulty locating the owners. Does this mean that a notice is not now going to be served? How can the Council claim (if that's what they are doing) that they cannot contact the owner regarding the dilapidated fence if they are dealing with his planning applications for the same site.
Can I suggest that a Senior Officer is asked to take on the ownership of this matter (no more pass-the-parcel) and that they liaise with the other departments involved, Building Control, Planning, Highways etc. Their first task should be to answer the question posed in my e-mail of 23rd Oct.
I appreciate that you are equally dubious about the advice that is being given and are seeking second opinion.
Philip, in the meantime I look forward to receiving my £5.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 04 November 2008 23:41
To: Peter Silverman
Subject: Re: 45 Kingsend - Fence/hoarding
Peter,
In fairness I did get a reply from Andrew which you haven't seen yet and I copy below.
With respect, I won't argue over semantics. You asked whether the council had the powers to intervene and replace with a more suitable
structure. Whilst I am not satisfied with the answer I have had, I think the replies both from John Fern and Andrew are clear enough that the council cannot do this - something I am challenging.
The important thing is that we get a resolution to this.
I won't split hairs over the £5 either!
Philip
----
Philip
Please contact Tony Oloyede. The part of the hoarding that has fallen
down has fallen onto the site and therefore IS NOT a danger to the
public. It may be an eyesore, but we do not have powers to remove
eyesores.
Please consider the environment - do you really need to print this
e-mail?
>>> Cllr Philip Corthorne 29/10/2008 18:14 >>>
Andrew,
Firstly, many thanks for getting out to look at this so quickly.
However, I am rather surprised that you do not feel further action is appropriate, since if you look at this from the side, you will notice that this is actually falling down.
Elsewhere, it is in such a condition that I fail to understand how we can say with any confidence that high winds could not result in it posing a safety hazard for pedestrians?
I would appreciate your comments please.
Thanks,
Philip Corthorne
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 05 November 2008 12:03
To: 'Cllr Philip Corthorne'
Subject: 45 Kingsend - Fence/hoarding - Councils Powers
Philip, thanks for this further information and letting me have the text of Andrew Perryman's e-mail in which he says "we" do not have the powers to remove eyesores. Again we do not know if this "we" refers his department or the Council as a whole.
Neither of us is happy with the advice that has been given. As we are talking about the Council's legal powers can I suggest you e-mail the Borough Solicitor, without referring to Kingsend, as follows: "Could you please tell in the case of a street facing hoarding in front of a residential building site falling into disrepair and the owner refusing to replace or repair it what powers does a Council have to remedy matters. If these are ineffective can a Council intervene and replace or repair the structure"
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 05 November 2008 15:34
To: Cllr Philip Corthorne
Subject: 45 Kingsend - Council's Powers to get unsightly hoarding replaced
Philip, Since e-mailing you this morning I have been doing some research and attach a copy of the Town & Country Planning Act 1990 Section 215 Best Practice Guidance.
As you will see Section 215 provides a local planning authority (LPA), i.e. the Council, with the power to take steps requiring land to be cleaned up when its condition adversely affects the
amenity of the area (not just where there is safety issue) by serving a notice on the owner requiring that the situation be remedied.
It says LPAs also have powers under s219 to undertake the clean up works themselves and to recover the costs from the landowner. (The answer to my question!!!)
A research report quoted says that Section 215 and associated powers provide an effective mechanism for tackling unsightly land. Reference is made to the use of this legislation to remove the removal of eyesores.
Section 215, it says, has been effectively used on large vacant industrial sites, town centre street frontages, rural sites, derelict buildings, and semi-complete development as well as the more typical rundown residential properties and overgrown gardens.
Surely what the Council should now do is:
Identify owner of the property using information from the planning applications for the site.
Insist the hoarding is rebuilt to an acceptable standard.
If this is not done issue a T&CPA S 215 Notice.
If this is not complied use S 219 to enter the site, clean it up, rebuild the hoarding and bill the owner.
Philip, could you please discuss this with Officers and let me know if there are any flaws in this approach. Can we then discuss the best way forward from there.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 08 November 2008 16:17
To: 'Cllr Philip Corthorne'
Subject: 45 Kingsend - Fence/hoarding
Philip, but surely the reply from Andrew Perryman which you have forwarded was to your e-mail 29/10/08 18.14 not to the one of the same date timed at 18.23 in which you asked him to confirm the advice he had given you and which incorporated my e-mail of 23/10. I assume he never responded this request.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 09 November 2008 22:17
To: Peter Silverman
Subject: Re: 45 Kingsend - Fence/hoarding
Peter,
Below is the response from Andrew Perryman, in italics. I guess he wanted to involve a senior officer given my challenge so I also had one from John Fern.
I am emailing separately what I have done about the second opinion.
Regards,
Philip.
Please contact Tony Oloyede. The part of the hoarding that has fallen down has fallen onto the site and therefore IS NOT a danger to the public. It may be an eyesore, but we do not have powers to remove eyesores.
Please consider the environment - do you really need to print this
e-mail?
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 09 November 2008 22:26
To: Peter Silverman
Subject: Re: 45 Kingsend - Council's Powers to get unsightly hoarding replaced
Peter,
Thanks for this information. I have used this in my request to the borough solicitor for the second opinion.
I take your point about discussing it with officers, but given the responses I have had to date, I am inclined to look elsewhere for the guidance I need.
With best wishes,
Philip.
---------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 10 November 2008 10:39
To: 'Cllr Philip Corthorne'
Subject: 45 Kingsend - Council's Powers to get unsightly hoarding replaced
Philip, can you please let me have a copy of your request to the Borough Solicitor. Thanks.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
---------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 10 November 2008 14:23
To: 'Cllr Philip Corthorne'
Subject: 45 Kingsend - Fence/hoarding - e-mails
Philip, sorry to sound pedantic but I think it is important to establish exactly what has happened. Part of the problem is that officers send e-mails without saying clearly at the beginning what they are responding to.
My reading of the e-mails is that the reply from Andrew was to your e-mailed timed at 18.14 and that the e-mail from John Fern was in response to your e-mail enquiry referred to in the e-mail from David Thakeray of 29/10/08 and given the reference 666476. I assume that you were taking up the points made in my e-mail to you of 28/10/08.
To help me get my aging mind rounds things could you please let me have a copy in full of the e-mail from Andrew Perryman and a copy in full of your e-mail to which David Thakeray was responding.
Thanks
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 13 November 2008 17:24
To: Jean Palmer - LBH Planning Director
Subject: 45 Kingsend - Unsightly Hoarding
I am writing to you about the dilapidated hoarding outside 45 Kingsend, Ruislip. Please refer to the attached photo.
This has been the subject of correspondence between Kingsend residents, the Council and Cllr Philip Corthorne over the years. We have recently been told that the Council cannot act unless there is a danger to the public, and that it does not have the powers to remove eyesores (Andrew Perryman to Philip Corthorne). I also gather that there have been problems in communicating with the owners and this was the reason no enforcement action was taken in the past (John Fern to PC).
My understanding is that:
A.Under Section 215 of the a Local Planning Authority (LPA) has the power to take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area by serving a notice on the owner requiring that the situation be remedied.
B.If the name or address of the owner cannot after reasonable inquiry be ascertained, I gather that under Section 233 (7) of the Local Government Act 1972 the notice could be served by leaving it conspicuously affixed to some object on the land i.e. the hoarding.
C.An LPA can undertake the clean up works themselves and to recover the costs from the owner under S219 of the Town & Country Planning Act 1990.
D.If it proved difficult to recover the costs a legal charge could be placed on the land.
In the Town & Country Planning Act 1990 Section 215 Best Practice Guidance, a copy of which is attached, it mentions that Section 215 provide an effective mechanism for tackling unsightly land. Reference is made to its use to remove eyesores. It says that it has been effectively used on large vacant industrial sites, town centre street frontages, rural sites, derelict buildings, and semi-complete development as well as the more typical rundown residential properties and overgrown gardens.
Will the Council now use this legislation to get the hoarding rebuilt to an acceptable standard?
I look forward to hearing from you.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
---------
From: Jean Palmer [mailto:Jean.Palmer@Hillingdon.Gov.UK]
Sent: 14 November 2008 10:12
To: p@petersilverman.com
Cc: Jales Tippell
Subject: Fwd: 45 Kingsend - Unsightly Hoarding
Mr Silverman
Thank you for your email. By this reply, I ask that the Head of Planning, Jales Tippell seeks advice from our Legal Department on the likelihood of success using the S215 powers. She will reply to you in due course.
Jean Palmer
Corporate Director of Planning and Community Services
London Borough of Hillingdon
Civic Centre
Uxbridge
UB8 1UW
Telephone 01895 250622
Fax: 01895 250223
E-Mail: jean.palmer@hillingdon.gov.uk
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 16 November 2008 20:19
To: Peter Silverman
cc
Subject: Re: 45 Kingsend - Council's Powers to get unsightly hoarding replaced
Peter,
As promised, I am copying my email to the Borough Solicitor on this subject, together with his
holding reply.
I am only too pleased for it to be in the public domain.
You will note I have mentioned you and drawn upon the information you have unearthed.
copying an extract from your earlier email.
Regards,
Philip.
---
Dear Philip
Thank you for your e-mail.
I have passed your request for advice to one of my planning lawyers, Nikki Deol, and have asked her to provide me with a Briefing Note.
I expect to have this early next week and I will then be in a position to advise you.
Regards.
Raj.
Rajesh Alagh
Borough Solicitor
London Borough of Hillingdon (3E/04)
(Tel) 01895 250617
(Fax) 01895 277373)
(E-Mail) ralagh@hillingdon.gov.uk
>>> Cllr Philip Corthorne 14/11/2008 08:54 >>>
Raj,
I would appreciate guidance on a matter with which I have been dealing as a ward councillor.
45 Kingsend is a site which has been boarded up for years pending development, however the state of the hoarding which surrounds the
site has been giving rise to concern among residents, not only on safety grounds but also its visual impact.
I have asked officers to look at this, and take appropriate action.
I am unsatisfied with the response I have had. I am being told that the site does not pose a hazard to pedestrians, in spite of the fact that it is falling down in places, and elsewhere is in such a state that one fears that high winds could very easily render it hazardous. I am also informed that the council cannot deal with eyesores, only safety hazards, where they are perceived to exist.
Also, research carried out by a constituent, one Peter Silverman, suggests that the council does indeed have the power to Act to deal with "eyesores" and I am copying an extract from an email I've received from him below:
Many thanks,
Philip
----------
From: Cllr Philip Corthorne [mailto:PCorthorne@Hillingdon.Gov.UK]
Sent: 19 November 2008 17:40
To: p@petersilverman.com
Subject: Re: Fwd: 45 Kingsend - Fence/hoarding
Is this the one you mean Peter? I will look at the ones I have sent
to David Thakeray. Philip.
>>> Andrew Perryman 30/10/2008 08:32 >>>
Please contact Tony Oloyede. The part of the hoarding that has fallen down has fallen onto the site and therefore IS NOT a danger to the public. It may be an eyesore, but we do not have powers to remove eyesores.
Please consider the environment - do you really need to print this e-mail
----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 22 November 2008 00:22
To: p@petersilverman.com
Cc:
Subject: Re: 45 Kingsend - Council's Powers to get unsightly hoarding replaced
Good evening Peter,
I have heard back from the borough solicitor concerning the council's powers under the
Town and Country Planning Act 1990 and the Section 215 Notice.
I am told that, as you say, the purpose of this is to empower a local planning authority to require steps to be
to be cleaned up land in circumstances where its condition adversely impacts on the amenity of an area.
We can it seems, compel parties with a legal interest in land to remedy the situation within a stipulated time,
by serving the Notice.
One of Raj Alagh's planning lawyers has met with planning officers and concluded that in view of the current
condition of the land, eg parts of the hoarding have fallen down, and other sections which are encroaching on the public highway, it is adversely affecting the amenity of the area and harm is therefore being caused both to neighbouring residents and the public in general.
The Notice could require for example, the replacement of two panels to the right of the property which are currently exposed and also, the repair of the entire hoarding surrounding the land.
There is the power of appeal against this, to the Magistrates court, nevertheless, I have asked Raj to proceed. We
both feel that the prospect of this being challenged should not deter us, in deciding the serve a Notice.
This now comes to the planning committee for final approval.
With best wishes,
Philip.
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 24 November 2008 18:41
To: Cllr Philip Corthorne; Jales Tippell (LBH - Head Of Planning)
Cc: Jean Palmer - LBH Planning Director;
Subject: 45 Kingsend Hoardings - T&C Planning Act Section 215
Philip,
Thank you for your e-mail of 22nd Nov, a copy of which is attached for Jales Tippell’s benefit.
I think communications have got a little confused.
On 5th Nov I e-mailed you with my understanding that T & C Planning Act S215 Notices could be used to rectify the situation at No 45.
On 9th Nov you e-mailed me to say “Thanks for this information. I have used this in my request to the borough solicitor for the second opinion.”
On 10th I asked you for a copy of your request to him.
On the 13th, not having received this from you, I e-mailed Jean Palmer, LBH’s Planning Director on along the same lines.
On 14th Nov you e-mailed your your request to the Borough Solicitor and sent me a copy on the 16th.
I received a reply from Jean Palmer on 14th saying that she had asked her Head of Planning, Jales Tippell, to seek advice from Legal Department and that Ms Tippell will reply to me in due course.
I am now not sure whether Jean Palmer and Jales Tippell regard your e-mail of 22nd Nov as making Ms Tippell’s response redundant.
To clarify matters I am copying this to them requesting that Ms Tippell responds to me as promised.
--------
Ms Tippell, is that alright with you?
On that assumption I would to pick up one point made in Philip Corthorne’ e-mail of 22nd Nov.
He says “The Notice could require for example, the replacement of two panels to the right of the property which are currently exposed and also, the repair of the entire hoarding surrounding the land.” I believe that that would be unacceptable to local residents. The owners should be required to demolish and replace the whole structure as it is clearly beyond repair.”
Ms Tippell, I look forward to hearing from you.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Hillingdon-Watch [mailto:petersilverman@hillingdon-watch.org.uk]
Sent: 26 November 2008 12:39
To: Jales Tippell (LBH - Head Of Planning)
Cc: Cllr Philip Corthorne; Jean Palmer - LBH Planning Director
Subject: 45 Kingsend Hoardings - T&C Planning Act Section 215
Jales, thank you for taking the time to call me yesterday.
I look forward to receiving an e-mail from you as per Jean Palmer’s e-mail of 14th Nov.
Today’s Ruislip & Northwood Gazette it describes me as “angry”. I am not angry, just concerned and wanting to be of help.
Peter Silverman
www.hillingdon-watch.org.uk
20 Kingsend, Ruislip, HA4 7DA
01895 625770
---------
From: Hillingdon-Watch [mailto:petersilverman@hillingdon-watch.org.uk]
Sent: 28 November 2008 11:07
To: Jales Tippell (LBH - Head Of Planning)
Cc: Cllr Philip Corthorne; Jean Palmer - LBH Planning Director; '
Subject: 45 Kingsend Hoardings - T&C Planning Act Section 215
Jales, I have just spoken to a man painting the hoarding who said he was working for the owner.
While this will improve things it is not what is needed - which is a complete rebuild.
I assume this activity is in response representations the Council has made to the owners.
If so, what has been agreed?
Also, I look forward to receiving an e-mail from you as per Jean Palmer’s of 14th Nov and our subsequent conversation.
Have a good weekend.
Peter Silverman
www.hillingdon-watch.org.uk
20 Kingsend, Ruislip, HA4 7DA
01895 625770
----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 30 November 2008 01:49
To: petersilverman@hillingdon-watch.org.uk; Jales Tippell
Subject: Re: 45 Kingsend Hoardings - T&C Planning Act Section 215
Jales,
I look forward to hearing back from you on this.
I can't believe this work, such as it is, amounts to all we can expect, given the powers Raj Alagh has confirmed we have at our disposal.
Many thanks,
Philip.
>>> "Hillingdon-Watch" <petersilverman@hillingdon-watch.org.uk> 28/11/08 11:06 AM >>>
Jales, I have just spoken to a man painting the hoarding who said he was working for the owner.
While this will improve things it is not what is needed - which is a complete rebuild.
I assume this activity is in response representations the Council has made to the owners.
If so, what has been agreed?
Also, I look forward to receiving an e-mail from you as per Jean Palmer's of 14th Nov and our subsequent conversation.
Have a good weekend.
Peter Silverman
www.hillingdon-watch.org.uk
20 Kingsend, Ruislip, HA4 7DA
01895 625770
----------
From: Jales Tippell [mailto:JTippell@Hillingdon.Gov.UK]
Sent: 02 December 2008 10:08
To: Hillingdon-Watch; Cllr Philip Corthorne
Cc: Jean Palmer; Terry Scarrott
Subject: Re: 45 Kingsend Hoardings - T&C Planning Act Section 215
I refer to the above site and would like to update you as agreed.
An enforcement report will be considered by the North Planning Committee on the 9th December. As with all enforcement reports, this report will be on Part 2 of the agenda, which means that it will be considered in private. I am not therefore in a position to provide with a copy of that report. However following the meeting, the minutes of the meeting can be made available which will contain the decisions of the Committee.
With regard to the painting of the hoarding, the site has been again inspected by an enforcement officer. The officer has confirmed that the repairs and painting are unacceptable and thus further action is being proposed.
I trust that this answers your queries.
kind regards
Jales Tippell
Head of Planning
Planning and Community Services
London Borough of Hillingdon
01895 556763
----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 02 December 2008 23:57
To: petersilverman@hillingdon-watch.org.uk; Jales Tippell
Cc: Jean Palmer; Terry Scarrott
Subject: Re: 45 Kingsend Hoardings - T&C Planning Act Section 215
Thanks Jales,
Presumably I can attend for that discussion though, without actually participating?
Am I at liberty to pass on the fact that this matter is to be considered at the planning committee, and that the works being carried out thus far to the hoarding are unacceptable to the council?
Regards,
Philip.
---------
From: Jales Tippell [mailto:JTippell@Hillingdon.Gov.UK]
Sent: 03 December 2008 08:30
To: petersilverman@hillingdon-watch.org.uk; Cllr Philip Corthorne
Cc: Jean Palmer; Terry Scarrott
Subject: Re: 45 Kingsend Hoardings - T&C Planning Act Section 215
Dear Cllr Corthorne
Part 2 items are discussed in private - this means that you will not be able be attend the discussion. However you can pass on the information that the matter will be considered by the Planning Committee. You may also say that it is the officer view that the hoarding is unacceptable, although the Council has not made any decisions on the matter (this will be considered at the Committee).
I hope that the above is clear.
Many thanks
Jales
Jales Tippell
Head of Planning
Planning and Community Services
London Borough of Hillingdon
01895 556763
----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 03 December 2008 17:58
To: petersilverman@hillingdon-watch.org.uk; Jales Tippell
Cc: Jean Palmer; Terry Scarrott
Subject: Re: 45 Kingsend Hoardings - T&C Planning Act Section 215
I see Jales,
So if I've understood you correctly, the part 2 provision which applies for all other council decision making whereby members may attend, if not
speak, does not apply to planning?
Philip
----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 05 December 2008 01:05
To: petersilverman@hillingdon-watch.org.uk
Subject: Re: 45 Kingsend Hoardings - T&C Planning Act Section 215
Peter,
Looks like it was worth challenging the advice given on not being able to attend the planning meeting for the part 2 item.
Be assured, I will be present arguing the case.
Regards,
Philip.
Dear Cllr Corthorne
You were right to query this. There was a misunderstanding on the advice that I was given regarding this matter. I have been informed that members are welcome to attend the Part 2 items at Planning Committee. Nadia Williams tells me that you have been sent an electronic version of the agenda for the 9th December and this includes the Part 2 report on 45 Kingsend. Please let me know if you have any further queries on this,
Please accept my sincere apologies for the confusion.
kind regards
Jales
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 05 December 2008 11:34
To: Jales Tippell (LBH - Head Of Planning)
Cc: Cllr Philip Corthorne; Jean Palmer - LBH Planning Director;
Subject: 45 Kingsend Hoardings - T&C Planning Act Section 215
Jales,
Paper Being Prepared for Planning Committee
When we spoke on the phone the other day you said that officers were preparing a paper to put to the Planning Committee which is meeting on 9th Dec. I asked to be sent a copy in advance of the meeting so that I could make my comments. You told me that I was not entitled to see this paper but could obtain a copy of the minutes after the meeting.
I see from your correspondence with Cllr Corthorne that you have reversed the advice given to him that he could not attend the meeting. Could you please look again at the decision to deny me a copy of the paper. My limited understanding is that The Local Government Act 1972 - Access To Information Provisions (as amended) provide the right of access unless one of a number of exemptions apply. These exemptions, I understand, are subject to a public interest test. If you are not able to reverse your decision please let me know which exemptions are being applied.
On the other hand if you can provide me with a copy of the paper this would need to be e-mailed to me as an attachment either today or on Monday morning.
Complete Demolish And Rebuild Needed
In your e-mail to Cllr Corthorne of 3rd Dec you say “..it is the officer view that the hoarding is unacceptable, although the Council has not made any decisions on the matter (this will be considered at the Committee)”.
Could you pass on my view to the committee that the state of the hoarding is such that anything other than a complete demolition and rebuild with new materials would be unacceptable.
Sorry to create more work for you just before the weekend which looks as it is going to be a sunny one.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Susan Browne [mailto:suejbrowne@yahoo.co.uk]
Sent: 05 December 2008 12:51
To: Jales Tippell; Philip Corthorne; Peter Silverman
Subject: Hoardings at 45 Kingsend
Jales Tippell,
Further to Mr Silverman’s emails concerning these hoardings. As you know I live opposite 45 Kingsend. The hoardings are in an appalling state. When this fence was first put up we assumed it was just a temporary measure until a more permanent substantial structure was built.
A man came a week ago and painted it all white along the pavement. He found the two missing sections from the side boundary with 47 Kingsend in deep, undergrowth and nailed them back. However, the materials have not been replaced, and as you can see from the attached photo taken last Friday afternoon, it still looks very unstable.
On various occasions sections of the fence have fallen down in the wind onto the pavement and the kerb. The photo shows the signs of various patch up jobs in the past. Some residents have told me that they refuse to walk along the pavement outside 45 Kingsend as they fear it may fall on top of them.
After all this time the only acceptable recommendation should be to demolish the whole thing and rebuild from scratch with new stronger materials.
Please pass on my views to the North Planning Committee meeting on 9th December.
Sue Browne
----------
From: Chris Reveley [mailto:reveleycl@btinternet.com]
Sent: 05 December 2008 17:09
To: Jales Tippell
Cc: peter silverman
Subject: 45 Kingsend
Dear Jales,
We have seen the various correspondences from Peter, Sue Browne and others on the matter of the hoardings of 45 Kingsend and I therefore don't intend to quote to you the specific T&C Planning Act Sections. However, as residents at 18a Kingsend we think that nothing less than the complete demolition of what is there and its replacement with new and properly fixed hoardings can protect that area continuing as an eye-sore.
Please will you pass on our opinion (two opinions please) to the Planning Committee meeting on Dec 9th asking for immediate and complete replacement.
Thank you,
Chris & Lucy Reveley
18a Kingsend.
----------
From: Jales Tippell [mailto:JTippell@Hillingdon.Gov.UK]
Sent: 08 December 2008 10:44
To: p@petersilverman.com
Cc: Meghji Hirani; Nadia Williams
Subject: 45 Kingsend Hoardings - T&C Planning Act Section 215
Dear Mr Silverman
I refer to your email dated 5th December.
I have discussed the issue regarding the exemption with my colleagues. I can confirm that the report in Part 2 is not made public because it contains exempt information as defined by law in the Local Government (Access to Information Act 1985). This is because:
The report contains information, which if disclosed to the public, would reveal that the authority proposes –
(a)To give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
(b) To make an order or direction under any enactment (Paragraph 13 of the Schedule to the Act).
This wording is actually on the Contents page (3) of the Agenda (see attached). However the decision of the Committee will be minuted and this will be available to the public. The Contents page of the Agenda is attached for reference.
I can confirm that your views will be passed on to the Committee for their consideration.
kind regards
Jales Tippell
Head of Planning
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 08 December 2008 14:55
To: 'Jales Tippell'
Subject: RE: 45 Kingsend Hoardings - T&C Planning Act Section 215
Jales, thank you for that.
I have looked at the Agenda which refers to an “ Untidy site Notice”
Is this shorthand for a under Section 215 of the Town & Country Planning Act 1990?
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Jales Tippell [mailto:JTippell@Hillingdon.Gov.UK]
Sent: 09 December 2008 11:54
To: Peter Silverman
Subject: RE: 45 Kingsend Hoardings - T&C Planning Act Section 215
Dear Mr Silverman
You are correct, yes it is.
kind regard
Jales Tippell
Head of Planning
Planning and Community Services
London Borough of Hillingdon
01895 556763
----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 10 December 2008 00:49
To: Susan.Browne@brunel.ac.uk; p@petersilverman.com
CC
Subject: Re: 45 Kingsend Hoardings - T&C Planning Act Section 215
Peter and Sue,
As promised, I remained at the planning committee this evening until the part 2 item, and can inform you that the committee resolved to take enforcement action under the provisions of the Act, thereby following officer advice.
Members were unanimously of the view that the current situation is completely unacceptable.
However, I am not at liberty to disclose the exact detail of this action until the minutes of the meeting are in the public domain.
With best wishes,
Philip.
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 07 January 2009 11:55
To: Jales Tippell (LBH - Head Of Planning)
Cc: Cllr Philip Corthorne; Jean Palmer - LBH Planning Director;
Subject: 45 Kingsend Hoardings - T&C Planning Act Section 215
Jales,
I have looked at the minutes of the North Planning Committee Meeting of 9th December on the Council’s Web site. The agenda refers to:
Reports - Part 2 – Members Only Enforcements
45 Kingsend Ruislip West Ruislip
Hoarding/fence around site
Recommendation: Authority to serve untidy site notice
You had explained that this referred to a notice under Section 215 of the Town & Country Planning Act 1990.
While I am pleased that my suggestion to use these provisions has been taken up I am concerned that the minutes show no record as to whether or not the recommendation was approved.
Can you please update me as to what is happening.
I look forward to hearing from you.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 13 January 2009 07:57
To: Jales Tippell (LBH - Head Of Planning)
Jean Palmer - LBH Planning Director; Cllr Philip Corthorne; 'bbaker@hillingdon.gov.uk'; Raj Alagh (Borough Solicitor - LB Hillingdon);
Subject: 45 Kingsend Hoardings - T&C Planning Act Section 215 - North Planning Meeting 9th Dec 2008
Jales,
In your e-mail to me of 8th December you said:
“I have discussed the issue regarding the exemption with my colleagues. I can confirm that the report in Part 2 is not made public because it contains exempt information as defined by law in the Local Government (Access to Information Act 1985). This is because:
The report contains information, which if disclosed to the public, would reveal that the authority proposes –
(a)To give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
(b) To make an order or direction under any enactment (Paragraph 13 of the Schedule to the Act).”
This is taken from Schedule 12 A Part I 13 of the Act. However, under Part II, Qualifications 6, it goes on to say:
“ Information falling within paragraph 13 of Part I is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.”
As this is not the case here, surely the Council should not have excluded the public from the meeting, nor denied it access to the report in advance of the meeting. Do you not agree?
If so, could you please:
A.Let me have a copy of the report, as an e-mail attachment if possible.
B.Assure me that the notice will not be issued until local residents have been given the opportunity to comment on the report.
C.Let me have a draft copy of the notice before it is issued.
My concern is that the notice should reflect residents views that a complete rebuild of the hoarding with new materials should be made .
I look forward to hearing from you.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Jales Tippell [mailto:JTippell@Hillingdon.Gov.UK]
Sent: 15 January 2009 11:24
To: p@petersilverman.com
Cc: Jim Lynn; Nikki Deol; Cllr Philip Corthorne; Sarah White; Terry Scarrott
Subject: 45 Kingsend Hoardings - T&C Planning Act Section 215
Dear Mr Silverman
The minutes for the meeting on 9th December 2008 were agreed yesterday evening at the North Committee meeting. These minutes are now on the Council's web site. With regard to 45 Kingsend it was:
RESOLVED
1. The Committee considered it expedient to take enforcement action under Section 215 of the Town and Country Planning Act 1990 (as amended).
2. That the Borough Solicitor be authorised to issue an Untidy Site Notice in respect of the loss of amenity caused by the condition of the site.
3. That the notice shall require the following steps to remedy the breach of planning control:
i) Demolish the existing hoarding, and replace with a like hoarding of new materials to match those replaced.
ii) The removal from the land of all debris and building materials resulting from compliance with requirement (i) above.
4. That in the event of non-compliance, the Borough Solicitor, in conjunction with the Corporate Director of Planning and Community Services, be authorised to take all further proceedings necessary to ensure compliance with the Notice, including direct action under Section 215 of the Town and Country Planning Act 1990 (as amended) to remove all the material as set out above, and to recover the costs from those with an interest in the land.
Legal Services are now therefore able to proceed with issuing the Notice.
I trust that this answers your queries.
kind regards
Jales Tippell
Head of Planning
----------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 15 January 2009 13:15
To: 'Jales Tippell'
Cc: ' Jean Palmer - LBH Planning Director; Cllr Philip Corthorne;
Subject: 45 Kingsend Hoardings
Thank you for your e-mail of 15th Jan (see below)
Outcome
I am delighted that the Council will take action under the S215 of the T&C Planning Act against the owner. I note that they will be required to “demolish the existing hoarding, and replace with a like hoarding of new materials to match those replaced” in line with the wishes of local residents. Thank you for your efforts. I can already hear the Champagne corks popping in Kingsend.
Process
While the outcome has been most satisfactory there are still questions outstanding about the process. Please refer to my e-mail of 13th Jan.
Unless the Council can tell me where my interpretation of the law is at fault, it would appear that its decision to exclude the public from Part 2 of the planning meeting, and deny them access to the report in advance of the meeting, was unlawful. I am assuming that I will get a response to my e-mail in due course. Please let me know if this is not the case.
Also, please let me have a copy of the report as requested. I would also like a copy of the enforcement notice after it has been issued.
I also share the concerns of Sue Brown about the delay in publishing minutes and the release to the press of decisions made under Part 2 in advance of the publication of the minutes.
Jales, I am sorry to create more work for you but it’s all in a good cause.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
----------
From: Jales Tippell [mailto:JTippell@Hillingdon.Gov.UK]
Sent: 15 January 2009 13:59
To: Peter Silverman
Cc: LLoyd White; Sarah White
Subject: Re: 45 Kingsend Hoardings
Dear Mr Silverman
I am liaising with colleagues to respond to your queries on process and will reply in due course.
kind regards
Jales Tippell
Head of Planning
Planning and Community Services
London Borough of Hillingdon
01895 556763
-----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 16 January 2009 08:08
To: p@petersilverman.com
Cc:
Subject: Re: 45 Kingsend Hoardings
Peter,
This is good news, and shows the value of joint working and perseverance! Have had a reply from Jales which I will forward to you separately on the pubication of the minutes.
With best wishes.
Philip.
----------
From: Cllr Philip Corthorne [mailto:pcorthorne@Hillingdon.Gov.UK]
Sent: 16 January 2009 08:24
To: p@petersilverman.com
Cc: Susan.Browne@brunel.ac.uk; suejbrowne@yahoo.co.uk
Subject: 45 Kingsend
Peter,
Sorry, using this system I need guidance from IT to retrieve the email from Jales Tippell re the onward communication of the planning committee decision.
If you particularly want to see it, I will arrange for this. However I can tell you that I have received an apology from her, the information shouldn't have been communicated in advance, and steps have been taken to ensure there is no repetition.
As for the legality of excluding members of the public from the part 2 items, although Jales will respond to you, I am pretty certain about that. I attended another planning meeting this week, and there was another part 2 item, this time in Manor ward, on which Cllrs Mills and Cox were speaking, and I stayed out of interest, and even the advisory member of the committee as an non elected member had to leave.
This applies to part 2 items on other committees too, even the press have to leave. When I see you I will explain the rationale for this.
With best wishes,
Philip.
------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 19 January 2009 15:20
To: 'Jales Tippell'
Cc: 'LLoyd White'; 'Sarah White'; Richard Ingle (LBH Freedom Of Information Officer)
Subject: 45 Kingsend Hoardings
Jales, Thank you for that. It is always good to get a prompt acknowledgment to an e-mail.
While waiting for your colleagues to get back to you could you please let me have a copy (electronic please) of the paper put to the Planning Committee as per my e-mail of 13th Jan (attached) .
Please let me know if this presents a problem.
As it is a request for information I am copying this to Richard Ingles, the LBH Data Protection & Freedom of Information Officer.
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
--------
From: Peter Silverman [mailto:p@petersilverman.com]
Sent: 21 January 2009 17:23
To: 'Cllr Philip Corthorne'; Jales Tippell (LBH - Head Of Planning)
Cc: Sue Browne
Subject: 45 Kingsend / Exclusion of Public from Part 2 Dec 6th Meeting
Philip, thanks for your continuing interest in and support on in this issue. Referring to your e-mail of 16th Jan (below):
Yes please, I would like a copy of Jales e-mail.
I am slightly concerned you are saying " As for the legality of excluding members of the public from the part 2 items, although Jales will respond to you, I am pretty certain about that" and on the same subject " When I see you I will explain the rationale for this".
To avoid doubt I am expecting the promised reply directly from Jales in response to the very serious questions I have raised about the lawfulness of the exclusion of the public from part 2 of the Dec 6th meeting.
Jales, please let me know if this is not the case.
As there have been so many e-mails on this subject it is easy to lose track. It might therefore help to refer to the write up I have put on my web site by clicking on this link http://www.hillingdon-watch.org.uk/html/eyesores.html
Peter Silverman
20 Kingsend, Ruislip, HA4 7DA, UK
01895 625770
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