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Category: UK Property Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Maladministration 2012 is repeated 2013 resulting in adverse

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Maladministration 2012 is repeated 2013 resulting in adverse planning permission where applicant and officers withheld material planning matters from all public and planning committee scrutiny. What steps to bring to Judicial Review? RK Piggott encl. citing maladministrations to CLO Hastings

Mrs Christine Barkshire-Jones
Chief Legal Officer
Hastings Borough Council
Legal Service
Aquila House
Breeds Place
Hastings
East Sussex TN34 3UY

Att'n Mrs H Monaghan

Your ref. HS/FA/13/00114
My Ref. LGO 12.018.393


Dear Mrs Barkshire-Jones


Re, Planning Committee 24th April 2013, Agenda 5(b) - Stone Court application HS/FA/13/00114.


In view of your previous helpfulness in the debris of HS/FA/12/00182, I very much regret being placed in a position that requires me to write to you in adversorial vein.

In first instance, I write to yourself because at Committee on 24th April 2013 your Legal Officer Mrs Cameron presented a legal view of ESCC positions which was partial, biased, and misleading. Objectors were astonished when Mrs Cameron omitted all submitted evidence (see §e. and §f.) including statement by ESCC Head of Strategic Property Mr David Baughan that you personally already were aware of by my copying to your personal email address at relevant dates.

Similarly. HBC Development Manager Mr Crawford denied, confounded, and contradicted Petitioners and Objectors' submitted documents expressly in evidence of "Site Overlaps", "Digital OS plans without legal boundary and Archive Titles having legal boundary", also "Stone Court invalid Certificate A and Spyway School invalid Certificate B", (see §a, §b, §c, §d, §e, §f, §g). Crawford repeatedly stated, HBC (digital) searches show "there is no overlap". Misleading Mambers he omitted, if there were any overlap it would not be a 'legal boundary' anyway - as is the case in all Stone Court's adverse planning applications HBC considered in 2003, 2011, 2012, now 2013, all having incorrect therefore invalid Certificates A.

Whereas HBC never has made a proper "archive" search at Land Registry, when he would have learned Olive Lodge retains archive paper title and boundary registered 1956; but in NovemberXXXXXobtained a digital title-plan based on OS-1988 'line-features' that replaced registered 1933 title plan showing identical mutual legal-boundary laid down before 1875 and shown in all subsequent conveyance of Olive Lodge cited and published in our Objections and Submissions that land was adversely claimed and Certificates A were incorrect invalid and a misleading legal document required by national law (Mr Tanner's words) to seek a material gain.

I observed from close quarters that Planning Committee Members' bundle included Petitioners' Plan, and from what I could see very little else of our submissions. Mr Tanner assured me on 17 April that all Objectors-Petitioners' maps would be displayed, none were. I did see one changing hands - i.e 4-Maps Trig survey lines proving "overlaps" in 2012 and 2013, (A1 size), but by being not displayed denied all public access, Members' awareness, and denied media access (BBC TV and press).


Petitioner's and Objectors' other maps and submitted documents appeared to be withheld or omitted from bundles, Members showed ignorance of contents, namely;

a) Petitioners' "OVERLAP" map - blue and red overlaps - that the Development Manager denied to Committee. (A3 size)

b) Independent boundary survey on OS digital projection ('line-feature' not 'legal boundary'). Incorrect scale adds 30m all-round to Olive Lodge, (A1 size)

c) Objections to Planning Application - Mr & Mrs Piggott 12th March 2013 (A4 pp.18, ring- bound)

d) Submission to HBC Investigation of `Invalid Certificate A , 6th April 2013 (A4, pp.14, ring-bound)

e) ESCC Letter 25th March 2013 by ESCC Estates Team Leader Mr XXXXX XXXXX, cause of application being withdrawn in March, (ignored by your deputy).

f) My email 24 April 2013 to Ward Councillor Philip Scott, copying two email statements dated 23 April 2013;
i) Mr XXXXX XXXXX ESCCEstates Team Leader
ii) Mr David Baughan ESCC Head of Strategic property.
Copied to yourself and ignored by your deupty Mrs Cameron? at Committee.
Conversely, Mrs Cameron only read one sentance from an undisclosed email Mr Thomas to Mr Crawford, (dated 24/04/13 timed 15.51).

g) Land Registry re Titles and Boundaries (letter to Piggott dated 26 Feb.2013)

h) Ordnance Survey, emails dated July 2012 re. OS digital survey being 'line features' only and not 'legal boundaries'.

j) LAND REGISTRY TITLE HT15807 (1956) OLIVE LODGE.

k) Miscellaneous submissions relevant to Mr Crawford's denial of "overlap" and your deputy's "partial reading" of ESCC inputs on Certificate A.

All these were withehld from Planning Committee; also withheld from planning portal despite my email requests and two General
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

To Fran-mod,


 


Am content to allow further time for appropriate professional answer.


 


Keith Piggott

Expert:  Fran-mod replied 1 year ago.
Hi Keith,

Thank you for your patience. We will continue the search for a Professional for you.
Expert:  Joshua replied 1 year ago.
Thanks for your question. Please kindly RATE my answer when you are satisfied

May I clarify with you that you wish to know how to request judicial review of a local authority decision please?
Customer: replied 1 year ago.

How certainly, but WHY too, and WHAT might be achieved?


 


Keith

Expert:  Joshua replied 1 year ago.

If a LA decision has gone against you,there a number of steps you can consider taking before judicial review as JR is expensive often prohibitively so for many. The first step to consider is the Council's formal complaints process; if you are not satisfied with the outcome of the same you can then ultimately refer your complaint to the Local Government Ombudsman. However this body does not have the authority to force the authority to overturn any Planning decision though the LA will frequently respect the Ombudsman's decisions. The Ombudsman will look at the way the application was decided upon, and decide themselves whether this was fair or not. There are mixed reports of how effective the Ombudsman is at policing the LA but the process is free and some people do find the service effective.

 

 

Your other option either from there or as an alternative is to appeal against the Planning decision through Judicial Review through a Court as you refer to. You would need to prove the Council‟s decision was made incorrectly. It is not enough to show that you disagree with it. It is an expensive process. Only those with deep pockets or of sufficient numbers can afford to go along this route. If you win then the council will normally be ordered to pay costs but it is if you are unsuccessful then numbers help because it allows you to spread the cost of the action between you. JR can effectively hold the local authority to account and a judge has the power to overturn a decision if he finds in your favour.

 

 

Is there anything else I can help you with?

 

 

Customer: replied 1 year ago.

I concur LGO is singularly ineffective and unable to enforce advice or void PP.


 


JR has both, I will speak to 82 petitioners to commit to instructions of lawyers who confirm willingness to act.


 


Brilliant,


 


Thank you


Keith

Expert:  Joshua replied 1 year ago.
A pleasure. If I can assist any further please do not hesitate to revert to me.

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24551
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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