Update On The Breach of Planning Control

We recently broke the news that Hamptons was being used daily for late night prayers. This use is outside of that previously permitted by the Council and constitutes a breach of planning control, which was reported by us on 5th May 2021 and a number of local residents. Read more on this here

The Council has a very clear procedure for dealing with reported planning breaches, which includes information they will provide and timescales that they will meet.

It was of little surprise to us, that a week passed without any response from the Council. Only after chasing further, did the council finally respond, stating:

“As we have an ongoing enforcement case (Ref 20/00139/ENFB) in this matter you will not receive a further formal notification of the case details.”

The enforcement case 20/00139/ENFB refers to two previous breaches reported in 2020, suggesting that the Council considers the breaches at that time to be live and unresolved. This contradicts a response made by the Council to our formal complaint, where it was implied that this case was closed:

“The breach alleged in July/August last year is not unresolved. The Council has determined (through appropriate officer delegations) that there was no breach of planning control”.

Lorraine Browne, Monitoring Officer, Legal and Democratic Services Manager, 12/02/21.

The Council’s initial response is a means of avoiding supplying complainants (new and previous) with any detailed case information and timescales of their investigation, conveniently providing the opportunity to delay any investigation until after Ramadan, when the use reported then ceased.

The Chelmsford Muslim Society have admitted on social media to using Hamptons daily for late night prayers for a month, and even invited the BBC to film them doing it. Watch our video on this here.

Rather predictably residents who reported the breach have received this letter from Planning Enforcement.

Once again it looks like the council will take no action against the Chelmsford Muslim Society. Instead of investigating and gathering evidence, as the Planning Enforcement policy dictates, council officers merely contacted the CMS, having waited long enough for the breach to cease.

This is the third reported planning breach at Hamptons.

What we do expect is a long delay while they consider the legal advice, and then more excuses to permit the additional use.

Build an extension on your property without permission and Planning Enforcement will be on you like a ton of bricks. Repeatedly breach planning laws on the use of a building as a Place of Worship, and the council will bend over backwards to help you !

TVO