Breach of Planning control
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Breach of Planning control
I purchased a property on a private gated developement a couple of years ago because it was on the coast and most importantly had an existing helipad.
This helipad is within the curtilage of the former nautical school which was converted into flats in the late 80's. Adjacent to the grass area where the helipad is situated is a swimming pool and tennis courts. It should be noted that locally this development is known to have a helipad and has been advertised on appartment 'for sale' lie sheets with local estate agents for the last decade. The helipad has existed since that time with little use.
That was until I acquired my PPL.
Last year after obtaining my PPL I started to use said helipad initially without any grief. After approx 25 seperate days of landings the local Council sent myself and the site Management Company a letter of "Alleged breach of planning control".
Apparently the council had received seveal compalints about noise.
The main paragraph of this letter reads like this....
" It is the opinion of this council that use is unauthorised. We have considered the use of open land not within the curtilage of a building but it is felt that this does not apply as the field area falls within the curtilage of the main building. Had the field been outside the curtilage the Part 4 Class B of the Town and Country Planning (General Permitted Development) order 1995 may have applied giving a 28 day use of land. In the circumstances please ensure the use of land as alanding site ceases immediately"
My understandings of private sites are as I have read on other comments in this forum and BHAB is:-
- If the land is private and within the curtilage of the property (In this case the original Nautical school) the council cannot dictate as to its use as no planning consent is required.
- Noise created by startup and shut down is extended immunity under Section 78 of the Act 13 of the Air Navigation 1993.
- No flight directly over property as an approach can be made from the Severn estuary on the coast directly to the landing area only feet from the waters edge.
- Existing use for over 10 years and known of locally with albeit spasmodic useage
After talking to several collegues in aviation circles I am coming to the conclusion that solicitors and council planning officers seem to know very little about these type of issues and the exact points of law.
Can anyone advise me on who to contact to get this issue sorted very quickly. Is Aviation Lawyer up for help on this one?
It still amazes me that people will purchase properties on a development knowing that a helipad exists and then complain when someone starts to use it!
It must be said that the majority of the appartment holders in the building want the use of the helipad to remain.
Its a shame that its always the minority that appear to have the loudest voices and make the most waves.
Suggestions and Comments please
Xrated
This helipad is within the curtilage of the former nautical school which was converted into flats in the late 80's. Adjacent to the grass area where the helipad is situated is a swimming pool and tennis courts. It should be noted that locally this development is known to have a helipad and has been advertised on appartment 'for sale' lie sheets with local estate agents for the last decade. The helipad has existed since that time with little use.
That was until I acquired my PPL.
Last year after obtaining my PPL I started to use said helipad initially without any grief. After approx 25 seperate days of landings the local Council sent myself and the site Management Company a letter of "Alleged breach of planning control".
Apparently the council had received seveal compalints about noise.
The main paragraph of this letter reads like this....
" It is the opinion of this council that use is unauthorised. We have considered the use of open land not within the curtilage of a building but it is felt that this does not apply as the field area falls within the curtilage of the main building. Had the field been outside the curtilage the Part 4 Class B of the Town and Country Planning (General Permitted Development) order 1995 may have applied giving a 28 day use of land. In the circumstances please ensure the use of land as alanding site ceases immediately"
My understandings of private sites are as I have read on other comments in this forum and BHAB is:-
- If the land is private and within the curtilage of the property (In this case the original Nautical school) the council cannot dictate as to its use as no planning consent is required.
- Noise created by startup and shut down is extended immunity under Section 78 of the Act 13 of the Air Navigation 1993.
- No flight directly over property as an approach can be made from the Severn estuary on the coast directly to the landing area only feet from the waters edge.
- Existing use for over 10 years and known of locally with albeit spasmodic useage
After talking to several collegues in aviation circles I am coming to the conclusion that solicitors and council planning officers seem to know very little about these type of issues and the exact points of law.
Can anyone advise me on who to contact to get this issue sorted very quickly. Is Aviation Lawyer up for help on this one?
It still amazes me that people will purchase properties on a development knowing that a helipad exists and then complain when someone starts to use it!
It must be said that the majority of the appartment holders in the building want the use of the helipad to remain.
Its a shame that its always the minority that appear to have the loudest voices and make the most waves.
Suggestions and Comments please
Xrated
Join Date: Sep 2004
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X
If it all goes pear shaped, you may be able to get compensation from the Estate Agent as they have to be very sure of the statements they make - despite their disclaimers.
Hope you get it sorted shortly!
If it all goes pear shaped, you may be able to get compensation from the Estate Agent as they have to be very sure of the statements they make - despite their disclaimers.
Hope you get it sorted shortly!
Join Date: Dec 2001
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Xrated,
If you are not already a member, it sounds like you might need to join AOPA. They have quite a track record in advising and assisting pilots in a similar position to yours, and there is a wealth of knowledge and experience amongst the organisation to call upon (and no, I don't work for them - I'm just a member
).
Just a thought - hope it helps. Good luck.
DBChopper
If you are not already a member, it sounds like you might need to join AOPA. They have quite a track record in advising and assisting pilots in a similar position to yours, and there is a wealth of knowledge and experience amongst the organisation to call upon (and no, I don't work for them - I'm just a member
).Just a thought - hope it helps. Good luck.
DBChopper
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I had a similar problem with my local council recently and I ended up bombarding them with information with paperwork from the web sites of posh names like CAA, office of the deputy prime minister, BHAB, permitted development rights etc etc.
So far, they seem to have gone away and are spending time on chasing other people for other serious infringements like painting a shed the wrong colour etc!
I don't think most of them know diddly and as long as you seem to know enough about your rights and appear to know more than them, they don't want to get involved.
I just hope I havn't jinxed myself by writing this!
So far, they seem to have gone away and are spending time on chasing other people for other serious infringements like painting a shed the wrong colour etc!
I don't think most of them know diddly and as long as you seem to know enough about your rights and appear to know more than them, they don't want to get involved.
I just hope I havn't jinxed myself by writing this!
Join Date: Oct 2002
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my understanding is that private sites being used for private use or for use for the owners business are exempt form planning regs providing that the landing pad is within the curtilage ( ie garden not agricultural or any other use) of a private dwelling. take the fight to them, thieving gypsies.
even if its not private use then the 28 day ruke applies, 25 days obviously not being more than 28 days
noise (antisocial behavior orders) is a different issue and i dont think its been tested re avition before.
sorry have been drinking plenty of strong european beer.
toot toot.
even if its not private use then the 28 day ruke applies, 25 days obviously not being more than 28 days
noise (antisocial behavior orders) is a different issue and i dont think its been tested re avition before.
sorry have been drinking plenty of strong european beer.
toot toot.
