Perhaps I am being overly bleak about this, but I am saddened to think 
that most people live in fear of reprisal. Do we have to walk around, as 
citizens having to consider whether anything we say or do will result in 
"consequences"? Is it any wonder that the Government has to make 
democratic renewal a centrepiece of its 10-year vision for local 
government?  I am saddened to think that people can only prevent crime by 
"not bringing upon themselves."  Perhaps these are isolated incidents, but 
if the need to remain anonymous is so widespread and so well entrenched, 
then society is ruled fear or violence or reprisal rather than the law. 

Building or modifying a home, whether we like it or not, is a public act. 
As a public act, the public has a right to comment on that act through the 
planning process.  Would the public accept such intimidation if instead of 
a planning application we were talking about an election?

I do not think that Councils have a legal obligation to inform people 
overseas.  The legal question was not about accessibility. The legal 
question is whether people's names and address should be affixed to the 
planning process. I do recall that in the days before the internet 
Councils did distribute information to various outlets.  For example, 
there are public notices placed in newspapers and journals.  How is this 
different from the internet?  The issue is not technology; the issue is 
making information free and accessible.

My point about someone living in America was that the Chinese-American 
might not travel back to China on a regular basis.  If for example, he or 
she has two addresses, are they going to get all of their mail forwarded 
overseas?  Perhaps they need to hire an attorney to manage their affairs 
to make sure that someone does not build while they are away.  What 
happens if I live in a rural area, with poor bus services, and cannot get 
to the town hall on a regular basis?  Even after a citizen is informed by 
the Council, that building will be taking place; they will still need to 
go into town to view the planning application.  Unless, they contact the 
council and have the council send them a copy of the planning application.

I would think that the quality of buildings in the UK is not related to 
the planning process, but to building and planning regulations passed by 
government. 

Finally, if someone makes an objection it is up to the Council, through 
its Members or the Officer, through delegated powers, to make the final 
decision. In that regard, an objection's merit will be judged in the 
abstract.  If it is overruled, then the applicant should not have a worry. 
 If it is upheld, then the applicant should take it up with the Council 
because the objection had some validity.  In either case, the objector 
should be free to make their voice heard on matters that concern them 
secure in the knowledge that they will not be intimidated or suffer 
adverse consequences.  If the planning process, or rather local 
government, cannot assure such security, what is the point to having a 
planning application process?


Lawrence Serewicz


Lawrence W. Serewicz
Scrutiny Manager
Management Support Unit
Wear Valley District Council
01388-761-985




[log in to unmask]
Sent by: This list is for those interested in Data Protection issues 
<[log in to unmask]>
02/06/2005 11:29
Please respond to KITLegal

 
        To:     [log in to unmask]
        cc: 
        Subject:        [data-protection] Planning Applications


Some people prefer to remain anonymous to prevent such attacks rather than 

try to get the police to sort it out after they suffer the injuries. 
Prevention 
is better than cure they say.

How did councils inform overseas owners about planning applications at 
properties next door to their investment before the Internet was invented? 
 They 
didn't.  There is no legal obligation to do so.  And quite frankly if you 
stay 
away from your property for so long that you don't see the planning notice 
on 
the lamp post outside it serves you right if someone builds a swimming 
pool next 
door.

Except most councils will do their best to inform affected owners 
directly, 
provided they have the person's details.  There is no need to tell 
everyone in 
the whole world "just in case" they have an interest.  Most countries, 
including China, do not put their planning applications on the web so if 
an American 
does have a property there s/he will have to make local arrangements.

Ian B

------

In a message dated 02/06/05 10:35:47 GMT Daylight Time, 
[log in to unmask] writes:


> I realise that I may be naive, but am I the only one who is concerned 
that 
> objectors fear for their safety? I realise that disputes between 
> neighbours can become "problematic", but these are disputes. The parties 

> know each other and each has equal access to the law to protect their 
> interests, including personal safety.
> 
> If an objector needs to remain anonymous because they fear consequences, 

> what does this tell us about the state of law enforcement and the 
ability 
> to act freely and equally in society? Again, I may be naive, but this 
also 
> suggests that democracy, the open debate of issues and the due process 
of 
> the law, are weaker on the ground than we imagine.  When witnesses and 
> objectors can be intimidated, where is the law?  Such behaviour suggests 

> that might makes right or in the words of Thucydides "The strong do as 
> they will, the weak do as they must. "
> 
> How can we talk of "data protection" when we cannot even assure 
"physical 
> protection"?
> 
> My view is that the information should be public, on the web, so that 
both 
> sides of an issue can know where they stand.  If I cannot put my name to 

> an objection, then why am I objecting?  If I cannot object without fear 
of 
> consequences, why do we have a planning process?
> 
> Yes, I may want to know about a swimming pool being built in China, if I 

> live in the US and my property in China is next to the property 
proposing 
> the swimming pool.  Do I have to make the 18 hour journey to the 
planning 
> office to read the document?


------
Ian Buckland
Managing Director
Keep IT Legal Ltd

Please Note: The information given above does not replace or negate the 
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further explanation of any points raised please contact Keep I.T. Legal 
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