Evasions – Customer Advocacy

Two questions, regarding a Complaint – Stage III response, evoked an unconditional admission by Customer Advocacy that the shelter was built without planning permission.

Subject: RE: Inappropriate Development on River Drive. STC ref: 253539 or 248789 [PROTECT]
From: “Customer Advocates” <Customer.Advocates@southtyneside.gov.uk>
Date: Mon, November 24, 2014 11:12 am
To: mick.dawson@theharbourview.co.uk

This email has been classified as: PROTECT

Dear Mr Dawson

Thank you for your email dated 21 November 2014 which was forwarded to me for consideration.

I can confirm that as previously advised, the Council accepts that the structure in question does not have planning permission. My Stage 3 response to you dated 25 September 2014 also explained the reasons for the Council’s Head of Development Services’ decision that it was not expedient to take planning enforcement action with respect to the development. I am sorry that I am unable to make these points any more clearly than I already have.

I note your intention to approach the Local Government Ombudsman and this is the correct route for you to now follow if you remain dissatisfied with the Council’s handling of this matter.

Yours sincerely

Performance and Information Officer
Strategy and Performance

The Questions were:

  • No 1. Why were Drawings not produced at a meeting arranged to view them?

In a Stage II response Mr Mansbridge says:

Your letter of 9th May focuses on the dimensions of the shelter as being built and in
particular your view that, as well as being wider than approved, the shelter is also 3m
taller. You refer in particular to Drawing 8296/14. That would represent a significant
deviation from the approved scheme.

and he goes on to say:

The drawing you have referred to [8296/14] was submitted in discharge of condition 4
relating to the fixing details of the end panels. The engineer also chose to include a gable
elevation of the structure on the same drawing but that was not drawn to scale[9]. If it would
help I would be more than happy to meet with you to show you the relevant plans and
elevation as this may clear up this specific point.

His invitation to meet with me was taken up but different drawings were produced at the meeting, not 8296/14 detail nor the drawing of the structure from which the detail was taken.

No 2. Who checks that a Structure is built to plan if it is not the Building Inspector?

From: mick.dawson@theharbourview.co.uk [mailto:mick.dawson@theharbourview.co.uk]
Sent: 21 November 2014 14:32
To: Customer Advocates
Cc: Resident Greens Place
Subject: Inappropriate Development on River Drive. STC ref: 253539 or 248789

Dear Alison,

Development at UK Docks Ltd, River Drive

Stage 3 Response – Your ref CX/MH/253539 I have read and considered the reply of 25th September by MH about this development but before I approach the Local Government Ombudsman I need to know who checks that a structure is built to plan if it is not the Building Control Team. That it has not been built to plan is, to me, beyond dispute:-

a) it does not look anything like plans 8296/1A etc.(STC choice of plan)
b) it is 3m higher than plan 8296/14 allows. (plan shown on planning portal)

Please read the penultimate paragraph of her letter which I quote here:-

“The Regarding your query on 5 September 2014 as to whether it is customary for the Council’s Building Control Team to ‘sign off’ a development that is not built to plan, I can confirm that Building Control are only able to consider whether the constructional aspects of a development meet with building regulations. Their role is not to consider whether a development has been built in accordance with any grant of planning permission that may exist. Whether or not a structure has planning permission has no bearing on whether it accords with building regulations.”

Please also read the email to a Resident, Greens Place around the same time from your Principal Planning Officer:

Subject: RE: Acknowledgement: UK Docks River Drive site [NOT PROTECTIVELY MARKED]

Date: 4 September 2014 12:10:43 BST
To: Resident, Greens Place
Cc: Customer Advocates’ Head of Development Services

Hello – The Head of Development Services is out of the office at the moment and I have been asked to respond to your email – my colleague from the Building Control Team has confirmed that they sent the completion certificate out on June 17th. The final Building Control inspection was on 13th June.

Regards
Principal Planning Officer

Unless otherwise stated, opinions, conclusions and other information expressed in this message are personal, and not those of South Tyneside Council.

It would appear from the responses by the Council to queries by affected residents that there is no-one taking responsibility to ensure that developments are built to plan. Please say who is the signatory on the completion certificate as they will have do until your office can find someone to take responsibility for this planning oversight. I understand that footings completed in 2001, that current structure stands on, were not made to plan either. Please advise who signed the completion certificate for this as well.

Regards
Mick Dawson

 

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