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124-132 Sandgate High Street: How Can Planning Permission still be in force?

August 30, 2016 12:12 PM

124-132 Sandgate High Street HourdingsFresh back from my summer holiday, I had my attention drawn to a board on the hoarding on 124-132 Sandgate High Street advertising that it will shortly be sold at auction by Clive Emson. Having had a look at the sale particulars online, I have today sent Shepway District Council's Planning Depertment the following email. I await their response with interest!

"There is a plot of land at 124-132 Sandgate High Street currently being advertised for auction by Clive Emson for a September sale:


You'll note the the particulars seem to suggest that the 2005 planning permission is still in force, citing a letter from yourselves. I (and other Sandgate residents) am firmly of the belief that the development was never started, and that therefore the planning permission that was granted under Y05/0237/SH has lapsed and a new planning permission would have to be sought (as was started in application Y15/0855/SH before it was withdrawn by the owners).

I would be grateful if you could confirm that the planning permission Y05/0237/SH has lapsed - it would be of great reassurance to myself and other residents that any development on that site after its sale would require full new planning permission and fresh relevant surveys and reports.

It seems that the agent (and presumably the vendor) is under the impression that the demolition of the previous buildings was sufficient to deem that development had commenced, but that demolition was the subject of its own, separate permission (Y05/0236/SH) - as the demolition was covered in its own permission, it can't reasonably be argued therefore that it was the commencement of works under a different application as well.

Equally, although the agent is claiming there has been acceptance of a Site Investigation under condition 4 of the Y05/0237/SH application, I would ask when that was submitted (if it was submitted over 5 years from the granting of the permission, it would clearly mean the permission had lapsed prior to its submission) and also if conditions 2, 3 & 7 of that application have also in the view of the authority been met, and if so, on what date those surveys and reports were undertaken and submitted.

I look forward to hearing from you soon."