| Topic: | Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Wonky “illegal” car park to get planning permission | |
| Posted by: | Adam Beamish | |
| Date/Time: | 05/01/21 09:29:00 |
| Well whilst I'm not a solicitor if either LBH or Ballymore took Raymond to court for defamation then I'm pretty sure Raymond wouldn't have a leg to stand on, and it wouldn't be a defence to say "ok in this case I was just making it up but there are other cases where such allegations have been proved correct" because it is entirely irrelevant. Anyway what I will concede is that it was his prerogative to post what he did, and in the same way if there are consequences then he'll have to face them too. It still bemuses me why, after all the years I've posted on here, people still don't grasp 2 simple but fundamental points of planning law, namely : 1) To breach planning control isn't a criminal offence/illegal. Anyone can do so and then has the right, in law, to either apply retrospectively or to remedy that breach. Other than in scenarios where significant and immediate harm is taking place, local authorities should give a perpetrator an opportunity to apply retrospectively or remedy the breach before considering taking formal enforcement action. Any retrospective application must be determined in the same way as a proposed application. 2) In all cases the authority has to assess the expediency of taking formal enforcement action, and such action should only be taken as a last resort (except in those cases where serious/immediate harm is resulting from the breach). Only if such action is taken and the perpetrator doesn't comply is a criminal offence being committed. |