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Sunday 2 January 2011

Otterpool - Conditions - clear versus ambiguous?

1st April, 2011.

Mr. R. King,
Chairman, Planning Department.
Kent County Council,
County Hall,
Maidstone,
Kent.


Dear Mr. King,

Re: Countrystyle conditions/consent. 15.3.11.

I recently emailed you concerning detail of the conditions pertaining to Shed heights, but as of yet have received no reply.

I am now writing regarding the same. I have just seen the KCC minutes of the 15th March hearing and note item (6) states that The Head of Planning Applications Group advised the committee that, with one exception, the list of particular conditions suggested by Sellindge and District Residents Association that they wished to be applied to any consent, would all be covered’ albeit that the specific wording would need to be drafted in a manner which would ensure their enforceability.
Having read the KCC conditions several times, I find it very difficult to see how they correlate with the Residents Association conditions.
Would you please explain how the KCC conditions would be enforceable?

Residents Association conditions 8 and 9. indicating shed heights are exact and therefore enforceable. The KCC conditions are ambiguous.

Another point in question is Residents Association condition 2 that states A fully detailed surface and foul water drainage design, including fully scheduled invert levels, cover levels and ground levels, correlated with ground water levels is submitted to and approved by the planning authority. The KCC condition (12) mentions only surface water. With the absence of a sewer to serve the site it is imperative that ALL drainage systems be fully detailed and scrutinised before installation.
It does seem that ambiguity is the theme of the KCC conditions. What on earth is wrong with plain English? I believe that the conditions of the Residents Association are precise and exact and therefore fully enforceable.
That is what you all agreed to at the 15th March hearing and that is what we expect to be attached to the consent.

I look forward to your reply.



Yours sincerely,







Leslie Barratt.

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