Help & Advice regards planning..

This is the place to discuss any general CB radio related topics. Getting started, installations, operation etc.
Post Reply
User avatar
Raverrst
Super Member
Super Member
Posts: 112
Joined: 18 Mar 2018, 18:15
Call Sign: 26LW29
Location: Devon

Help & Advice regards planning..

Post by Raverrst »

Hi all.
I’m after some Help and advice with regards to my Antenna/mast setup in my garden and local council planning. Iv lived at my property since 2003 and iv had a Antenna mast up pretty much all this time, the current Antenna/mast setup has been insitu since 2015. Completely out of the blue iv had a letter from the local council planning informing me that there’s been a complaint by a neighbor, I responded to this with the details as above, a planning officer insisted they needed to visit, so she did, I was told By the officer that I needed to supply some evidence to backup what I was saying about the time it’s been insitu etc, not a problem I thought, I knew I had some dated photos and dated invoices for the Antenna and cable currently in use, so emailed that off, some 4wks later iv now received another letter saying I need to submit a “Certificate of Lawful Existing Use” application.
Now I’m hoping there’s some operators that have been through this type of thing before and or a little clude up as its all new to me.. The fact I have already supplied dated supporting evidence to back up my time line do I legally need to start going down this route trying to apply for certificates with all the costs, solicitors etc etc it’ll involve. Thanks for any help,thoughts or advice..

Kind regards..
☢️Wednesday’s and Sunday’s 9pm 27.405 Usb, Qsk’s welcome☢️
The Collector
Legend
Legend
Posts: 8666
Joined: 23 Jan 2010, 19:26
Location: Bristol-ish

Re: Help & Advice regards planning..

Post by The Collector »

I'm not sure about going down the legal paperwork route, but on the flipside, would they dare try and take you to court when you can provide photographic evidence and receipts etc dating back to that time?

You'd hopefully think they'll know they'll lose and back down, rather than waste taxpayer's money and it probably end up in the media.

I'd perhaps try and get an appointment with something like the Citizen's Advice Bureau (do you have this kind of thing where you are as you spell neighbour differently to us Brit's?), or maybe a free session with a solicitor though, just in case they think you'll lose no matter what evidence you have. Different countries may have different ways of dealing with this kind of thing, so I don't want you getting the dealth penalty by me saying go and tell them to....go away ;)

Edit - just noted your location is Devon, so maybe it's just a typo or you're not originally from these parts ;)
User avatar
bigpimp347
Legend
Legend
Posts: 8792
Joined: 08 Aug 2009, 10:23
Location: J26 Nottingham

Re: Help & Advice regards planning..

Post by bigpimp347 »

i wouldn't have replied to the letter..
first mistake..
usually and this is all councils if an installation has been up over four years they rarely chase it up.
if you can prove, photo's dated that it's been up five or more years then you should be ok.

if the neighbour has complained they might be new to the area, but the antenna was there before they moved in,
or you've upset someone on the CB and they're trying to get you off air.

i just wouldn't respond, simple.
I want to Die Asleep like my Grandad did,
Unlike his Passengers, Screaming and Shouting.!
User avatar
Raverrst
Super Member
Super Member
Posts: 112
Joined: 18 Mar 2018, 18:15
Call Sign: 26LW29
Location: Devon

Re: Help & Advice regards planning..

Post by Raverrst »

Thanks for the reply’s guys, and yes apologies for the typos lol i am indeed Located in Devon. I’m very much thinking the same, “don’t respond” to this latest letter/attempt to force planning, only reason I responded to the first letter was the planning officer said if I have any Proof to back up what a was saying regarding being up 4years+ please forward it on, so I did thinking hopefully that’ll bring a end to this with dated photos & invoices but seems there trying this certificate of use tac, There not insisting I apply but say I may want to? well no I don’t want to, it’s £200+ Fees, form filling etc and obviously no guarantee it will be granted, I’m guessing if they did turn it down then that’ll give them more weight to force me to take the mast down..
☢️Wednesday’s and Sunday’s 9pm 27.405 Usb, Qsk’s welcome☢️
The Collector
Legend
Legend
Posts: 8666
Joined: 23 Jan 2010, 19:26
Location: Bristol-ish

Re: Help & Advice regards planning..

Post by The Collector »

I think those things usually apply to restrospective additions to buildings or to buildings themselves, but I may be wrong. Regardless, here's a bit of gumpf:

 Certificate of Lawful Existing Use or Development (CLEUD) is a certificate that is legally granted by a Local Planning Authority to retroactively legalise a previously unauthorised development. The CLEUD certifies that an existing building/use is lawful and it will prevent any enforcement action being taken.


Worst case scenerio - let them run with it right up until they give you a court date, take the mast/beam down and put it back up on a nice, even taller temporary one that can be classed as non-permanent and not affixed to the house. No reg's required :)
User avatar
Raverrst
Super Member
Super Member
Posts: 112
Joined: 18 Mar 2018, 18:15
Call Sign: 26LW29
Location: Devon

Re: Help & Advice regards planning..

Post by Raverrst »

Thanks for the info and thoughts guys, Yes I think I’ll as you say let them run with it, I’m sure it could be a ploy to trying to catch me out in a way, as if the certificate wasn’t granted would that give them more waight to force me to take it down? The mast is installed on a tilt over base in my garden so not ajoined to the property itself at all. I have a good neighbour relationship with my immediate neighbours so can only assume it’s a new neighbour living some distance from me? As said iv lived at the property since 2003 and had a mast/Antenna of some sort up all that time when most of the propertys around me weren’t even built then, iv been lucky i know, iv never had a complaint or problem till now. Regards a temporary/portable mast type set up, I sincerely hope it doesn’t come to that but yes it will be something I do if I have no choice..
☢️Wednesday’s and Sunday’s 9pm 27.405 Usb, Qsk’s welcome☢️
26mb04
Super Member
Super Member
Posts: 257
Joined: 23 Nov 2017, 20:14
Call Sign: 26DG01
Location: Democratic Peoples Republic of Devon

Re: Help & Advice regards planning..

Post by 26mb04 »

A complaint doesn't automatically mean a planning issue, it just means someone has complained to your local authority (Think noisy neighbours etc). The LA have a duty to follow these things up, in my opinion taking the moral high ground is absolutely the right thing to do. If the issue spills over to Radiation™, You could mention that you're required to follow Ofcom guidance about EMF (which itself mandates following the ICNIRP framework), and as such you are *very* aware about how to minimise risk to health/electrical disturbances.

For evidence, check out Google Earth/Maps.

I spend some time in north Devon, I sometimes work with planning authorities. I can't solve your problem, but I can offer advice as I see it. Feel free to PM me.
Sent from my GP300 using DTMF
User avatar
Werthers
Radio Addict
Radio Addict
Posts: 839
Joined: 01 Sep 2019, 20:19
Location: Essex

Re: Help & Advice regards planning..

Post by Werthers »

I tell ya my neighbors are ridiculous. Some Karen starts talking my antenna 2/70 X50 a pretty small antenna then my other neighbors get involved I hear them outside mentioning it that I'm apparently up to "illegal activities" but yet its perfectly fine for them to shout up to me F the police and other things and swearing and shouting on some nights till 3am. Am I police? I don't think I am but there you go. Some of them are very anti social but its known as the community and I'm the one in the wrong ummm. Last night was ridiculous.
User avatar
Transwarp
Veteran
Veteran
Posts: 2840
Joined: 03 May 2014, 20:15
Call Sign: Viper
Location: 'Ee bah gum'

Re: Help & Advice regards planning..

Post by Transwarp »

@Raverrst
There are rules to abide by even for antenna installations (TV / Satellite / radio) Times have changed but there are still those that think they can do what they want with their own property and grounds without sparing a thought on what they're doing could impact on others. A vertical antenna at the back of a house along with a long wire down the length of the back garden may not bother anybody appearance wise or other, but a property looking like a small radar station is going to attract some interest. If your installations are contravening regs then you can be instructed to dismantle and for the instruction to be legally enforced if need be.

Link below for further reading on....
https://www.planningportal.co.uk/info/2 ... _antenna/2
Champion of IBTL Christmas Edition 2023.
Champion of IBTL Autumn 2022 Edition.
Post Reply