22nd September 2014 - email to Town Clerk
After nearly 4
years of being in breach of the planning conditions, the ex-Deputy TC got the
problems resolved in January 2014.
She also advised me
“I
have a new contractor that attended to the lights and is fully aware of the
importance of complying with the planning condition, I have instructed that the
lights next be adjusted on Monday 31st March following the clocks
moving forwards on Sunday 30th.”
The start of British Summer Time passed
without a problem
Since then the lights have been operating
within the agreed timings and not even on at the weekends, as they were
intended only for the use of school children as part of Safer Routes to
School.
On Thursday the
18th September 2014 the lights came on when it got dark and were on
all night until it got light on Friday morning.
On Friday the
19th September 2014 the lights came on when it got dark and
apparently went off sometime after midnight but before 1.30am, Saturday
morning.
On Saturday
morning, 20th September 2014, one light (the one in the trees by the
Holme Mead / Kitelands back gate was on early in the morning, (before 7.00am).
All the lights came on when it got dark in the evening and apparently went off
sometime after midnight but before 1.30am, Sunday morning.
On Sunday the 21st
September 2014 the lights came on when it got dark and apparently went off
sometime after midnight but before 1.30am, this morning.
They may have been
operating outside of the agreed timings prior to Thursday 18th
September 2014 and not brought to my attention.
I have not yet
reported this to CBC Planning Enforcement and I trust you will resolve this
issue by the end of this week.
I reported this to CBC last week. The lights went off at 8pm one night but that was it. BTC need to sort their act out as this happens several times a year and is ridiculous.
ReplyDeleteHave received a response from the Town Clerk:
ReplyDeleteFor information I have instructed an electrical engineer to attend the lights at Kitelands recreation ground, they are instructed to rectify any issues with the lights and to ensure that the lights operate within the limits of the planning condition, the engineer will be attending at some point the week begin the 29th September 2014, the engineer will be carrying out other works for the Town Council throughout that week.
I have informed Planning at Central Bedfordshire Council of the current situation with the lights at Kitelands and what Town Council intend to do to rectify this matter, including expected timescales.
Looks like it was sorted yesterday...until the clocks change no doubt.
ReplyDeleteI did contact CBC on 1st October 2014 and this is the response -
ReplyDelete"Thank you for contacting me again with regard to the lighting at the above. In response to your email of the 28th September and attached details I can confirm that the Council do have an open enforcement case on this, however it was raised by another complainant. As far as I am aware I have not received any notification from Biggleswade Town Council regarding the matter.I have now added your details to the case and confirm that I will be contacting Mr McGregor today."
Yesterday 2nd October about 11.00am I was told that there were two men working at the lampost where the control gear is. The lights were off last night by 7.00pm, well within the condition of 8.00pm.
8.15pm Friday 3rd October 2014, lights still on.
ReplyDelete8.37pm Friday 3rd October 2014, lights still on.
ReplyDelete8.56pm Friday 3rd October 2014, lights still on. Back to Planning Enforcement.
ReplyDeleteLight still on.
ReplyDeleteThe lights were on all night last night, which encourages the inevitable "gatherings". This morning one of the waste bins appears to have been pulled out of the ground. One of the dog walkers has stood it up again.
ReplyDeletelights on until 12.30 to 1.00am Sunday
ReplyDeleteWill Planning Enforcement be able to actually do anything? This has been going on far too long...what 'enforcement' do they have at their disposal?
ReplyDeleteSection 187 A of the Town and Country Planning Act 1990 ("the 1990 Act") provides for enforcement of planning conditions by the breach of condition notice. CBC Planning Enforcement can issue a Breach of Conditions Notice. They threatened this in the past and the lights got turned off. The compliance period of not less than 28 days must be given.
ReplyDeleteSections 187 A(8) and (9) provide that if, following the end of the period allowed for compliance with the notice, the "person responsible" has not ensured compliance with all of the conditions specified in the notice, they are in breach of the notice and guilty of an offence (section 187 A(9)).
Summary prosecution can be brought in the Magistrates' Court for the offence of contravening a breach of condition notice. The maximum penalty on conviction is a fine not exceeding "level 3" on the standard scale (currently £1,000). As this offence is triable summarily, the provisions of section 127(1) of the Magistrates' Courts Act 1980 apply.
There is a six-month limitation period, running from the time when the offence was committed, within which any information must be laid in the Court. This period runs, not from the date on which the offence was first committed, but on a continuing basis, so that only so much of the offence as falls within the six-month period can be charged. If, for example, the breach of the notice occurred over a period of three months, and an information is laid five months after the last day on which that breach occurred, only the third (and last) month of the period of the breach will fall within the limitation period and thus be chargeable. An information should therefore always be laid as soon as possible. Each offence is, in effect, a single offence to be charged by reference to any day or longer period. A subsequent offence may be charged by reference to a later period.
Apparently the timer is going to be changed again. It was apparently changed 4 years ago but that never resolved the problems which continued through 2011/2012/2013 and were only resolved by the ex Deputy Town Clerk in January 2014.
ReplyDelete