EREWASH BOROUGH COUNCIL ENFORCEMENT

Environment Agency

2 February 2007:

"The site lies within a Flood Zone 3 from the River Erewash and there is a culvert running under the site. During high river levels, water emerges from the culvert and floods this area thus the Agency must OBJECT to the proposal..."

EBC Development Services

9 March 2007:

"The Rayden Engineering retrospective planning application to erect 2.4 metre fencing and use the land for storage was rejected, based on an unacceptable impact on homes through noise, dust, visual intrusion, loss of privacy and an INCREASED FLOOD RISK."

"It is also considered that appropriate enforcement action be taken to ensure the COMPLETE removal of the unauthorised fencing and hard surfacing from the application."

Planning Enforcement

16 April 2007:

"It was passed at the council's enforcement forum to take formal action for the removal of the palisade fencing and hardstanding."

"The hardstanding will not be included within this Notice as it is seen as a reinstatement of the land lost to the original site clearance of the contaminated ground."

"We have consulted the Environment Agency on this matter to which they have no objections."

Environment Agency

17 May 2007:

"I have forwarded your letter to Enforcement...and asked the name of the person he spoke to at the EA who is stated as having no objections...Please be aware that the fact remains that planning consent has been refused by ourselves and the planning authority. Erewash Enforcement have contacted me and stated that they are to go ahead with enforcement and ask that the hardstanding is removed."

Planning Enforcement

16 May 2007:

"Given the very high workload of the Enforcement team, workload needs to be organised to give priority to cases where serious harm is being caused by the breach."

THE PRIORITY SERIOUS HARM ENFORCEMENT ACTIONS WAS:

One residential caravan

One overgrown tree

One illuminated shop sign

One extension to existing        residential garage

One shop front security     shutter

4 large gate posts

Erewash Borough Council

definition of "Improvement"

Planning Enforcement

17 May 2007:

"With regards to the hardstanding...the council has reviewed its previous decision and are now pursuing the removal of this.The Enforcement Notice will be issued shortly."

After 10 months, on the 2nd of July 2007 and ONE WEEK after 15 homes flooded as a result of this unauthorised development, Enforcement Notices were finally served on Rayden Engineering for removal of the security fencing and the compacted hardcore. These Notices were then suspended until an Appeal decision against them had been made.

On the 14th of September 2007 the Planning Inspectorate refused this enforcement Appeal, immediately after the Appeal was refused Erewash Borough Council declared the Enforcement Notices to be invalid as they had been incorrectly served on Rayden Engineering.

EBC then negotiated with Rayden Engineering but were not at liberty to divulge these discussions to the residents. On the 30th of October 2007 with EBC Enforcement present, the security fencing was taken down and IMMEDIATELY replaced with one of the legal height limit not requiring planning consent.

SIX MONTHS EARLIER..... Planning Enforcement 30th of April 2007:

"However...Rayden Engineering could erect a fence up to 2.0m in height or even lower the existing fence to no more than 2.0m without requiring planning permission."

SO THE ENFORCEMENT “A” TEAM AT EREWASH BOROUGH COUNCIL THOUGHT ONE ILLUMINATED SHOP SIGN AND ONE OVERGROWN TREE CAUSED MORE SERIOUS HARM THAN 15 HOMES SUSTAINING £300 000 FLOOD DAMAGE AND 34 PEOPLE LOSING THEIR POSSESSIONS AND BECOMING DISPLACED OR HOMELESS FOR MONTHS, LIVING OUT OF STORAGE BOXES WITH NO CARPETS, HEATING, WALLPAPER, PLASTER OR EVEN THE MOST BASIC OF AMENITIES.

THE ENFORCEMENT “A” TEAM COULD HAVE PUT SUNGLASSES ON IF THE ILLUMINATED SHOP SIGN WAS TOO BRIGHT FOR THEM, IT WOULD HAVE ALSO DIMMED THEIR VISION OF THE SHOP FRONT SECURITY SHUTTER THAT ALSO TOOK PRIORITY ENFORCEMENT ACTION OVER SEVERAL FAMILIES BECOMING HOMELESS!

WHAT A STRANGE COINCIDENCE THAT AFTER THE TOP SECRET NEGOTIATIONS BETWEEN EREWASH BOROUGH COUNCIL AND RAYDEN ENGINEERING, THE 2.4 METRE TRESPASSING PALISADE PRISON WAS FINALLY TAKEN DOWN AFTER 14 MONTHS TO BE REPLACED WITH A 2 METRE TRESPASSING PALISADE PRISON. THE SAME COUNCIL WHO INITIALLY SPENT £3000 OF PUBLIC MONEY REMOVING SIX YEAR OLD FLY-TIPPING FROM THIS PRIVATE LAND THEY , ACCORDING TO RAYDEN ENGINEERING, DONATED TO HIM WHILST ARRANGING FOR THE SECURITY FENCING TO BE INSTALLED AT EXACTLY THE SAME TIME AS THEY WERE SPENDING £3000 OF PUBLIC MONEY TO BENEFIT ONE PRIVATE INDIVIDUAL.

26 MONTHS AFTER THE HARD STANDING WITH NO DRAINAGE WAS LAID ON STOLEN FLOOD PLAIN WITHOUT PLANNING PERMISSION WITH ONE FLOOD AND ONE NEAR MISS, THE EREWASH BOROUGH COUNCIL ENFORCEMENT “A” TEAM IS OBVIOUSLY BUSY PRIORITISING THEIR WORKLOAD AGAIN AS THEY HAVE DONE NOTHING TO ALLEVIATE THIS INCREASED FLOOD RISK TO OUR HOMES. FURTHERMORE NOT ONE CONDITION OF SEVERAL SUBSEQUENT PLANNING CONSENTS HAS YET BEEN COMPLIED WITH AND UNSURPRISINGLY EREWASH BOROUGH COUNCIL HAS DONE NOTHING TO ENSURE COMPLIANCE WITH THESE IMPOSED CONDITIONS!

Uninhabitable dining room, no heating, wallpaper, plaster or carpet and still paying FULL council tax!!

7 MONTHS AFTER THE TOP SECRET NEGOTIATIONS BETWEEN EREWASH BOROUGH COUNCIL AND RAYDEN ENGINEERING WHICH RESULTED IN THE TRESPASSING SECURITY FENCING BEING REPLACED WITH TRESPASSING SECURITY FENCING AROUND THE STOLEN FLOOD LAND:

“This would reflect the acceptable height of the security fence on the south west boundary informally agreed by the main parties....”

                                                                                                                   PLANNING INSPECTORATE 10th JUNE 2008