11th February 2005, 02:26 PM
Sounds like you are talking about a particular case.
It can be difficult if an individual curator or contractor is being difficult... however it is NOT up to the developer to dictate what is placed as a condition. The curator would right a condition that has to be completed... the contractor can then attempt to complete and allow for the discharge of that condition - If anything goes wrong... and that means anything... then first should come negotiation (as I have just done today) and if that does not work then the Council Enforcement Officer is in a position to step in.. A breach of condition is a breach of condition... and has legal force.
Now yes sometimes a council will be loathe to stop a flagship project or similar just for teh sake of a few hut circles... but... and this is very important.. any written documents that either show concern or flagrant ignoring of the law... are availabel to the public and hence the newspapers as part of teh Freedom of Information Act. So if you feel that even the council is trying to brush a site under the carpet... then demand the correspondance (you must get it within 28 days) and go to the local paper.
I would be interested to talk to you further on this subject - as it seems you have gone there in some depth... you can email me on info@bajr.org and we can set up a phone discussion.. would very much like to hear more.
DAvid
It can be difficult if an individual curator or contractor is being difficult... however it is NOT up to the developer to dictate what is placed as a condition. The curator would right a condition that has to be completed... the contractor can then attempt to complete and allow for the discharge of that condition - If anything goes wrong... and that means anything... then first should come negotiation (as I have just done today) and if that does not work then the Council Enforcement Officer is in a position to step in.. A breach of condition is a breach of condition... and has legal force.
Now yes sometimes a council will be loathe to stop a flagship project or similar just for teh sake of a few hut circles... but... and this is very important.. any written documents that either show concern or flagrant ignoring of the law... are availabel to the public and hence the newspapers as part of teh Freedom of Information Act. So if you feel that even the council is trying to brush a site under the carpet... then demand the correspondance (you must get it within 28 days) and go to the local paper.
I would be interested to talk to you further on this subject - as it seems you have gone there in some depth... you can email me on info@bajr.org and we can set up a phone discussion.. would very much like to hear more.
DAvid