Posted By The toecap
Both surely

Posted By J Knight
I like a nice mice pie,

John

Posted By steven bentham
Planning (and in particular those in the conservation world) have come up with some interesting ideas that they 'approve/enforce/guide/etc'. . and of course the poor builder works at the risk end of the game.

Whilst it would be nice to say that they come under HASAWA Section 3 duties & CDM - try search the HSE's data base for notices or enforcement against them.

I think you will find that they have not been held to account for what they impose on others to build!

Posted By Mitch
My question originates from the granting of planning permission for a Taxi company that is using a residential area for parking it's vehicles. This has road safety road safety issues. I have asked the Councils own HSE department to comment specifically about this and will keep you informed.

Regards

Mitch

Posted By Mitch
{aul,

I hope so. I am one of the local residents and the council accept no responsibility for their decision referring it to the police as a parking matter. Mt point is that the original decision to grant planning permission was the councils responsibility.

Posted By Alan Hoskins
Surely conditions were applied to the planning approval, such as the maximum number of vehicles and where they could park?

Alan

Posted By Pete48
Mitch,
decisions made by councils are the responsibility of the whole council or body corporate. It acts under authority from the government. Councillors have to understand, sign agreement to and carry out their duties in accordance with a very strict code of conduct on penalty of being disqualified. Councillors are members and not officers or employees. as long aas they at within those codes they are acting lawfully.
Planning laws are also very strictly proscribed and outline all manner of things including those about which council may or not consider. Where there is a traffic safety consideration then they may rely upon advice and guidance from, for example, the police. Those directly affected by planning matters, neighbours etc, must also be formally consulted as part of due process.
Thus in your case, if you objected before the approval was given then you have been heard: the decision taken included your objectons as long as they were on grounds within planning procedures.
Talk to your local Councillor to find out why the permission was granted and then decide whether raising an appeal is possible and desirable. Your councillor should help you through this.
Trying to pin somewhat obtuse, and I am pretty confident non existent, legal duties after the event in order to reverse a decision is pointless. Even if it were possible on the grounds you suggest, it would take years. Local councils do make mistakes sometimes: but they live in world of proceduralised codes so they get it right far more often. The proper officers would be out of a job if they didnt get it right most of the time.
The lesson here is to get involved before the planning decision if you feel that it will affect your life or that of your community.

Posted By srd
My local council is advertising for a health and safety advisor / inspector, and the job description includes having to check planning applications for H&S issues.

Stephen.

Posted By Mitch
Thanks Alan,

A little light reading! Having spoken to various organisations involved, Town Council etc I am keen to get to the bottom of this as no-one else seems to know either.


Regards

Mitch

Posted By Alan Hewett
Mitch,

Good Luck.

Alan

Posted By Adrian Watson
Mitch,

The strict answer is no they do not have any responsibility under the HSW Act when advising on planning matters.

Regards Adrian Watson

PS Get a copy of Judicial Review Handbook 4th Edn Michael Fordham from the library.