Thursday, 25 June 2009

THE EXTRAORDINARY CONDUCT OF TDC IN DUMPTON PARK DRIVE - PART 2

In Part 1, I outlined how a 'disposal' involving residents at Dumpton Park suddenly became an application by TDC to TDC, to 'shoe-horn' a house between 132 and 134 Dumpton Park Drive.
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In February this year (prior to TDC Planning Committee meeting on Wed 18 February) , Albion Fencing arrived to fence off the open ground between the houses and residents took it down. This eventually led to a stand-off with TDC Officer Paul Verrall threatening to have residents arrested. Albion Fencing and TDC were required to retire, not gracefully, when the details of the Land Registry pronouncements were drawn to their attention! If you look at the picture above, TDC's land is marked in yellow and blue; the blue denotes a restrictive covenant preventing building taking place on the blue land (hence the alteration to F/TH/08/1394!). The plan below shows the Land Registry findings quite clearly!

The land marked purple is declared as 'Open Land' and Land Registry have denied TDC's 'land grab' through 'adverse posession' for it. The land marked green has been offered to TDC by Land Registry under possessory title due to unchallenged wrongful positioning of a fence. However, TDC cannot claim freehold until 2021! My understanding is that the fence was not erected by TDC but by a person who kept horses here some time ago, without consent from anyone!
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The first picture below shows the land denied to TDC that has now become the subject of a village green application with KCC by the local residents. The fence, not built by TDC, does not demarcate TDC's land correctly but that did not stop TDC putting up a sign a little while ago, claiming it as theirs. I wonder what the position in law would be if residents decided to re-position the fence correctly?




In Part 3, the hilarious and risible proceedings by TDC Planning Officers, Planning Committtee and finally Full Council in this matter will be covered. Just to whet your appetite, here is a quote from a representative of a major chain of retailers with an application approved on 23 April 2009 talking to residents as they left the TDC Council Chamber:
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"I am the legal representative of ***" she said, "I spend my working life in council chambers all over the country on planning applications and I can tell you...I've never seen anything like what I have just witnessed in there..... "
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The farce that this whole issue has become, gets even more interesting. You must bear in mind though that for the residents in Dumpton Park Drive, this is no laughing matter as they fight their own elected Council who are behaving like some grubby property speculator and they have already incurred £10,000 + legal expenses to fight this issue. No return by TDC to the minuted Cabinet Meeting instruction of 8 Aug 2008 to 'consult with those residents who may wish to extend their gardens'. Why is that?
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Instead TDC is till pushing its own Planning Application to itself, to put a house on land they have no claim to in law; on land they have no freehold on until 2021 and only if their cliam is not disputed! One has to wonder what is the motivation behind this? Who is to benefit? Is this really in the Council Tax payer's interest?

11 comments:

Anonymous said...

Bertie nothing surprises those of us who have seen them in action at cabinet, planning committee and other meetings.The only one of the cabinet who ever seemed to be bothered to read up her brief and had the intellegence to attempt to digest it was Jo Gideon and look what happened to her!
I'm afraid we have too many councillors on the planning committee and cabinet who are yes men and only on the council for the gravy train - they dont appear to do anything for anybody else!

Anonymous said...

Oh dear - yet another standards complaint I fear.

I wonder if that terrier of TDC, will request (rightly) another public interest report.

D2

Anonymous said...

Yes Bertie i remember that was the clear instruction given to the officers, seems no-one reads minutes or follows instructions anymore!
It's like something out of the wild west - no-one knows what is going on.
Can't say anyone at TDC can take pride in any of the asset disposal goings-on it's been a fiasco and waste of public money from the onset. Climb downs,cock ups it's TDC no wonder someone from Tescos said they had never seen anything like it! Mind you they make sure they look after the big boys!

Anonymous said...

Ha! ha! ha! What dolts they are!

Bertie Biggles said...

11.03, i did not wish to identify the 'chain' involved but I can assure you it was not Tescos!

Anonymous said...

I have proof that Planning Officers blatantly lie to ensure that a planning application goes through. Likewise, if the Council or a Councillor wants something to progress it does, lies and intimidation are the order of the day when it comes to Planning at TDC. Yes 9.03 too many Councillors on Planning only involved out of self interest. The fact the the Vice Chair is a developer speaks volumes.

Bertie Biggles said...

12:01, a bit harsh but of course, you may have valid grounds for your comment. If so, you should raise issues with TDC and Scrutiny etc!
I think that most Cllrs on Planning do a very good job under difficult conditions but there is a lack of confidence in the Planning process at TDC that appears to need addressing. The issue sometimes is what Cllrs are told and not told by officers and selective information or distortion can be as misleading as lies.

Matt B (Thanet Star) said...

It's a shame we can't have a vote of no confidence in the planning committee... oh wait - election coming soon. Are we about to flip TDC over from blue to red for a while?

Anonymous said...

Does not matter if you flip the Council from blue to red Matt; the same old faces will just flip parties. Again..!

You already have a turncoat Mayor, turncoat Planning Chair and a Cabinet member who has actively supported all three parties ( just to hedge his bets).

Anonymous said...

I was once involved with opposing a planning application and attended the site visit where it was clear from questions asked one of the members hadn't even bothered to read the papers relating to it.

Anonymous said...

7.44 most of them are too thick to understand what is being written is more the truth!
Sorry to sound harsh but as one who has listened in at planning committee meeting Bertie i wouldnt blame the officers solely! Part of the leaders plans has been to choose the least bright cookies so they will pass it all through on the nod led by the chairman - no-one can deny that?