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You Are Lawful But We Dislike You!

Published Monday, July 9th, 2007 by Karl Bedingfield

Planners at East Cambridgeshire District Council have received an application for a Certificate of Lawfulness from the developer who owns Roswell Pits.

The application covers a range of uses and works that the owner considers do not require planning permission. It includes the use of the Pits for boats, temporary moorings, maintenance works and temporary works.

Developers make applications for Certificates of Lawfulness in order to establish whether activities or works can go ahead without planning permission.

The Council will take legal advice before determining the application. The onus is on the applicant to supply significant supporting documentary evidence. The decision on such applications is taken purely on this factual information, without any regard to ’suitability’ considerations or reference to local planning policies. Under Planning legislation these applications are not advertised or sent out for consultation with public because it is a legal determination rather than a debate about the acceptability of the proposals.

The Council still expects the developer to submit a planning application for the development of permanent moorings in the near future and there will be extensive public consultation on any planning application for this site.

David Archer, Executive Director for Development Services at East Cambridgeshire District Council, said: “We can confirm we have received an application from the owner of Roswell Pits for a Certificate of Lawfulness covering a range of uses and works including temporary moorings. This application does not cover his longer-term plans for the future development of The Pits and permanent works will have to be the subject of a planning application. We will make a decision on the application for a Certificate of Lawfulness after carefully considering whether under planning law , the developer’s proposals can take place without planning permission.”

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2 Comments so far (Leave a comment)

  • At 8:55 am on July 11th, 2007, Frank Richards wrote:

    This “application” is at least six months too late. Most of the “work and improvements” to the site have already taken place. Can the public see the “supporting evidence” and comment on its veracity? The applicant is trying to make a fool of our local Planners and this latest ploy should be rejected out of hand and instructions to stop ALL further work until a full PLANNING APPLICATION is received,debated and approved.

  • At 5:10 pm on October 3rd, 2007, Michael Bond wrote:

    Having visited Roswell Pits today for the first time for several years I was appalled to find major earthworks being carried out on the SSI. In addition mature hedgerow has been removed along with quality habitat for wildlife. Where the hell were those responsible for enforcing the conservation of our natural environment? Someone is sleeping on the job.

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