Breach and Breach Again.
On the 22/09/20 the Chelmsford Muslim Society (who own and operate Hamptons Sports and Leisure Ltd) were informed by Chelmsford City Council that they will require formal planning permission to use the club as a Place of Worship (POW). Read more here.
Of course, regular readers will be aware that the CMS have been using the club illegally for prayer since the 31/07/20 (for Eid Ul Adha). This is despite being told way back in the year by Robin Hosegood (Team Leader for Strategic Development CCC) that no planning permission for a POW existed for the building, we have a copy of the email. Residents have witnessed over 50 worshippers using the centre for Friday prayers.
The CMS are continuing to show complete comtempt for the planning laws that the rest of the public are forced to obey. Assisted by their pet councillor, they are simply playing the system.
WHY AREN’T THE COUNCIL ENFORCING ?
Councils have a degree of discretion with enforcement issues. They will consider any potential loss to the council, loss to the owners of the property and any human rights issues. They do have the option of issuing a Temporary Stop Notice or a full Stop Notice, if they consider it to be in the public interest and expediant to do so.
A futher option is to invite the property owners to apply for planning permission, which is the decision of the council in this case.
However, they have declined to take any enforcement action. You have to question if this is proportionate or are the Planning Department simply terrified of being labelled as racist or Islamaphobic ? We will be challenging this decision through the proper channels.
Use your residential property for business use, and the council will enforce.
Move a storage container onto your property, and the council will enforce
Build an extension without planning permission , and the council will enforce.
Breach the conditions of a planning permission, and the council will enforce.
We have yet to hear if the CMS will apply for planning permission, but since no enforcement action is being taken, why would they rush ?
The worst case scenario is that the CMS delay their application as long as possible, then apply. If they lose, they have the right of appeal to the Planning Inspectorate
Of course while they appeal, the council will take no enforcement action.
If they lose the appeal, they could ask the High Court to consider a Judicial Review,
Of course while the High Court is deliberating, the council will take no enforcement action.