MINUTES IN DISPUTE - 21 NOVEMBER 2016
IAN STEWART (solicitor) - Chaired the meeting that these minutes relate to. The member of the public who they refer to is questioning the accuracy of the minutes and asking for a copy of the recording that was made at the instigation of the Chairman. Cllr Stewart is a consultant solicitor and company secretary practicing in residential and commercial property law.
It gets no higher than Lord Muskill, when in 1985 he identified that any local authority decision could be deemed to be improperly made if there was:
1. Unfair behaviour towards persons affected by the decision;
2. Failure to follow a procedure laid down by legislation;
3. Failure to properly marshal the evidence on which a decision should be based, including taking into account an immaterial factor, failing to take into account a material factor, or failing to take reasonable steps to obtain relevant information;
4. Failure to approach the decision in the right spirit, for example where the decision maker is actuated by bias or where he/she is content to let the decision be made by chance.
THE DRAFT MINUTES OF THE MEETING DATED 21-11-16:
EMAIL TO IAN STEWART, BILL BENTLEY, LAURENCE KEELEY, SIMON GOACHER & CLARE HARRISON
Dear Mr Stewart,
Sent: Wednesday, December 07, 2016 10:41 PM
ADVERSE POSSESSION - THE 10 and 12 YEAR RULES
The occupier (or squatter) and any predecessors through whom they claim have been in adverse possession for at least 10 years (or at least 60 years for Crown foreshore) ending on the date of the application (Schedule 6, paragraph 1(1) of the
Land Registration Act
OF HERSTMONCEUX MUSEUM
This was revealed between 1998 and 2000, when the true history of the Generating Works slowly unraveled as archaeologists trawled over the wooden building to find that it was the genuine article. You can imagine the effect that this news had on Douglas Moss, Chistine Nuttall and David Phillips - who had themselves conspired to pervert the course of justice, in the case of Doug Moss and David Phillips, going so far as to falsify the date attribution on photographs to make it appear that the occupier was in breach of an Enforcement Notice - that is in fact defective on several counts and a false instrument. These officers had built their careers and Wealden's re-charge budgets on harassing the former occupier with more than 180 site visits at the ratepayers expense.
The Trust have paid no heed to the previous goings on. They are more concerned with conservation and finding a reasonable and beneficial use to pay for the upkeep and repairs to this marvel of modern science. The Parish Council have been invited to adopt a similar stance in the interests of conservation.
HERSTMONCEUX MUSEUM - At the turn of the century some more enlightened souls followed the work of Thomas Alva Edison in the USA, and other pioneers of electricity for lighting and installed their own private generating facilities in the UK. Charles de Roemer, an electrical engineer, constructed this substantial complex in Lime Park based on coal that was used to produce combustible gas for an internal combustion engine. By 1982, this building was falling over and would have done so, except for the occupation of another engineer who recognised the industrial find and took the trouble to shore up the structure - so beginning the long climb to get this valuable historic asset the recognition that it deserves.
DISCRIMINATION - It is unlawful to discriminate against any person or organisation, with reference to Article 14 of the Human Rights Act 1998. That said, preferential treatment appears to be routinely given to some members of the community, while Wealden DC use their position of trust to give others a very rough ride to foster the finances of those they may have helped in the past for consideration of another kind. Consideration does not always have to be the folding stuff. It can be the grant of a planning permission or other planning favour - that can be hindering a neighboring application or development.
The pictures above are some examples of planning consents (or development agreed as being permitted) that has been granted in and around Lime Park, Herstmonceux. In the case of Lime and Oak View [lower right], this is a massive house built on green belt without any suggestion of affordability or other special circumstances. Double garages is a luxury not a necessity. Compare the cooperation of Wealden in the procurement of these consents, with the £500,000 of taxpayers money spent to prevent the restoration of Herstmonceux Museum in days gone by. Anyone looking at the facts would have to question why this council is acting so perversely - when planning permission all around the site is being given for much larger developments, to include a grant for 70 houses in the adjacent field. You might ask if the builders were connected in any way with any council member - and if they were - if suitable declarations were made.
COUNCILLOR LINE UP FOR 2016
Clare Harrison (time for change already)
SUSSEX INDEX A - Z
CHIDDINGLY - HORSE SHOW and GYMKHANA
CUCKMERE VALLEY - EXCEAT
HERSTMONCEUX - MUSEUM - COSTS SCANDAL - 70 HOUSES - TRAFFIC - 70 MORE HOUSES - ACTION GROUP
TWISSELLS MILL, OLD HEATHFIELD
FORMER STABLES - Wealden might say to one owner that they don't need permission to change the appearance of the outside of a building, such as the change from clay peg tiles to cement tiles on the Old Rectory in Lime Park - this change of materials completely altered the appearance of the stable keepers cottage. Then again, they might treat another occupier in Lime Park unfavourably, demanding a planning application for works that are in reality a permitted development, such as repairs to pre-existing woodwork.
Unfavourable treatment = discrimination in English law, as per the famous case of Kelly Davis a father of two, of Bath, won his civil action against the now defunct Wansdyke District Council last year when a Judge at Bristol County Court ruled that planning officers had "conducted themselves in a consistently unhelpful and obstructive fashion" in refusing to grant him planning permission for work on his home between 1989 and 1991. In this case the award of damages was £750,000.
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