Discussion Forum

Creeping Urbanisation in the Colden Valley: Part 2

Posted by John Smithson
Monday, August 29, 2005

Thankfully the planners have seen sense and refused retrospective planning permission on the development of the garage in front of Crowther Terrace - despite the applicants wasting time and money in taking it to appeal.

This fiasco has been going on since November 2003. I hope it does not take a further 2 years to see Calderdale Council taking enforcement action and returning the site to its original condition.

Posted by John Smithson
Wednesday, September 28, 2005

There has been a further development in this long running case. Please see previous threads re: Creeping Urbanisation in the Colden Valley.

The applicants in relation to this development (single wooden garage on concrete hard standing on land they don't own in the Colden Valley) have had their retrospective planning application turned down and have lost their appeal to the Secretary of State. Now they are laying claim to ownership of the land in question, and claiming adverse possession through the courts. This takes the biscuit! Not only have we had council officials' time wasted over the past 2 years on an entirely spurious application, now the applicants want to steal land given to the people of Hebden Royd by Lord Saville for their private use.

The applicants are claiming ownership of the land in question by dint of its use by them as an allotment garden. Notwithstanding the outright gaul of someone trying to steal public land for private use, I know for a fact that the land has never been cultivated as an allotment garden in all the time I have lived in Hebden, approx 20 yrs.

Now this might seem to be a small matter of limited consequence, and judging by the number of contributions to this discussion forum it is obviously not up there with 'Anti Social Behaviour' and 'Ladbrokes', but it is a matter of great significance. Had the applicants been granted retrospective planning permission it would have opened the door to others doing likewise. (i.e. allowing developments in sensitive areas on land they do not own). I can only assume the applicants are trying in some way to mitigate the consequences of planning permission refusal by claiming ownership to the land. Again, the consequences of this move are significant; just claim prolonged usage of land you don't own and then lay claim to ownership via adverse possession!

Please contact Calderdale Council, your counsellors and this discussion forum if you feel strongly about this matter. Calderdale don't have a good reputation when it comes to planning enforcement issues and we need to provide them with all the support we can on this case. If we keep the pressure on the council they will be forced to take action. They are particularly keen to hear from anyone who has knowledge about the use of the land in question as an allotment garden. If you have anything to contribute you can forward it to me and I will ensure the relevant Council department is imformed.

Many thanks

Creeping Urbanisation - previous thread