Sunday, 13 March 2016


Still awaiting a meaningful answer to my valid questions-in a Original letter-sent-to Peter Devlin- Chief Solicitor of Hartlepool Council-on-Wednesday, 09 September 2015
His very brief reply said our complaints had been investigated previously- this was not true-it was another deceitful reply to avoid admitting that my complaints of planning corruption were in fact valid-
I can only assume- that Peter Devlin-chief solicitor of Hartlepool Council--was referring to the home visit made- by Paul-Burgon- Hartlepool Council’s Enforcement Officer on Wednesday 18th March 2009!
I firmly believe that my collection of notes - made after the home visit of Paul-Burgon- Hartlepool Council’s Enforcement Office on Wednesday 18thMarch 2009- should be made public- they contradict- completely- Peter Devlin’s statement-which indicate- that our complaints of Planning Misconduct by some Hartlepool Council- Legal and Planning Officials- had been taken seriously and fully investigated !

There is no doubt in my mind- that the home visit by Paul Burgon - Hartlepool Council’s Enforcement Officer- was nothing more than a Charade- something done just for show -simply to create a pleasant or respectable impression for the benefit of our Local elected- Councillors- and to deliberately mislead-misinform an elderly -law-abiding- couple of senior citizens- who had exposed several serious instances of planning FRAUD- and a well-orchestrated Conspiracy to Pervert the Course of Justice by Senior Hartlepool Council Officials in Public Office-

Home Computer-History Archives –
Here are some Notes I-made and kept-on the evening-following- the Visit to our Home of Paul Burgon- the Hartlepool Council- Enforcement Officer to Discuss & investigate our Serious long standing complaints of Criminal Damage to our Property & our continued serious Objections to our next door Neighbours unlawful Planning Application H/2008/0467 submitted to Hartlepool Planning authority in August 2008- later to be changed to Retrospective Planning Application H/2009/0568.
What we are dealing with here is yet another example of the golden rule- that if you give anyone a modicum of authority, they will always, always, abuse it-first they think-they are above the law- I am untouchable they believe-next they think-they can walk on water-their arrogance is unbelievable- to give anyone who has never experienced a home visit- from a council official-here-is my personal experiences of a home visit- supposedly sent by my local labour- councillor- to investigate my valid but disputed claims of council planning misconduct by- Paul Burgon- the Hartlepool Council’s Planning- enforcement officer- I personally- found him-to be- the most arrogant and opinionated-of all the Hartlepool Council- visitors- my advice-he should be avoided like-the plague-
                                      Background Information
·        On Friday, March 13th.2009 I contacted by phone-my Labour Ward Councillor Sheila Griffin- to register another complaint to her, regarding my continued objections to my next door neighbours unlawful planning application H/2008/0467 on the grounds it contained false ownership documents-A-B-C-D-a Statutory Requirement- of the Town & Country Planning Act 1990-to Hartlepool Council Planning authority in August 2008-Intending to further extend her unlawful and unfinished kitchen extension- erected without seeking Hartlepool Council Permission- presently attached to our outside wash house property causing severe structural criminal damage-to our property.
·        Councillor Sheila Griffin, who appeared to be aware of our long standing concerns -Promised to contact the Planning officials Concerned! She said- she was aware of my previous Objections & Concerns which we had reported to the Independent De Brus Ward Councillor Michelle Anne Plant in September/October 2008! Who had claimed she- had discussed all our long standing serious- concerns with the Case Planning Officer Richard Trow ? without any success.

Later that day, Friday March 13th 2009, I was contacted at home-by telephone by ms. C Pipe? of Hartlepool Planning ,who informed me, that a Council Official would Contact me shortly- to arrange a home visit-( which they didn’t ) to discuss my Concerns Regarding the Property Damage & some unlawful Planning Issues I had previously Reported to my Two (2) Ward Councillors Michelle Anne Plant” & Councillor Sheila Griffin,
                                  PAUL BURGONS HOME VISIT!
·        On Wednesday 18thMarch 2009 at approximately 11.00 a.m. I was visited at Home by Mr Paul Burgon who claimed to be the Enforcement Officer of Hartlepool Borough Council-sent to discuss - my Complaints and Objections to the possible Granting of a Certificate of Lawfulness to planning Application H/2008/0467 later to be changed to retrospective planning application H/2009/0568 submitted by our next door Neighbours, This was our first meeting with Mr Paul Burgon Hartlepool Borough Councils enforcement Officer-
·        Naturally- he was invited into our home-and he immediately asked for & was Given Permission to Inspect & Photograph the Criminal Damage done by the Cowboy Builders when working for our next door neighbours -Mr/Mrs E Bennison-on our Detached Outside Wash-House buildings!
·        He immediately commenced to take a number photographs of the structural damage-done-which was and still is-clearly visible-to this day-such as the section of the unfinished kitchen extension attached to the rear Wall of the Detached Wash-House Building-completely BLOCKING OFF-the Internal Gas escape ducts effectively preventing the escape to the outside atmosphere of any toxic and highly explosive gasses-this photograph of the ugly carbuncle of a unfinished extension-attached to the rear wall of our Wash- House-may better describe our grave concerns-& Issues –
·        note the very shabby brickwork in the top right hand corner-
·        After spending some considerable time taking more external photographs-e.g. the deliberate moving of the wall cladding- the extending of the roof guttering and the amateur bricklaying- to increasing the height of the brickwork- by some two feet ( 2)which can-still- be clearly seen in the Top right hand corner of the above photograph-
Paul Burgon-said- to my utter amazement- he could see nothing wrong-with our next door neighbours unfinished kitchen extension attached –as you can clearly see-to-the rear wall- of our Wash-House -completely-Blocking Off-the Gas Escape Ducts-to allow-the uninterrupted Escape to the outside atmosphere-of any explosive gasses-he thought it was perfectly Safe-and did NOT require Council Planning Permission -any damage done to the detached- Wash-House building-shown-in the above-- photograph- was a CIVIL MATTER-absolutely nothing to do with Hartlepool Council -If I wanted to take the matter further I should see a Solicitor-?

·        Paul Burgon’s above response and aggressive attitude however, astonished me; it -wasn't what I would have expected from him-a Hartlepool Council Official—to say-I was shocked would be an understatement-I was naturally stunned- speechless- devastated-how could anyone with any experience of Planning-building or construction work- which I though- Paul Burgon the Hartlepool Council- Planning enforcement officer would possess –(obviously I was mistaken)–ignore- the many beaches of building regulations- clearly visible to the naked eye- including- the 4”brass screws protruding dangerously through the rear wall of the Wash-House-from our next door neighbours unfinished kitchen extension-were simply ignored
·        -To further exacerbate the problems-his claim -that the deliberate and dangerous complete Blocking Off- of the gas escape ventilation ducts- positioned high in the rear wall of the Wash-House- preventing the uninterrupted escape to the outside atmosphere of any toxic or highly explosive gasses from the static internal gas fueled hot water boiler-was NOT- itself a highly dangerous and life threatening situation- was - perfectly legal and completely safe -was to me-an absolutely-ridiculous-stupid assessment of a serious and possible explosive situation!
·        It certainly warranted-at leased- a fire and Gas explosive risk assessment-

His attitude to my innocent but justified questions-was anything but friendly-It was quite obvious-by this time-that Paul Burgon-was getting very annoyed-with me- he certainly- made no attempt to hide his displeasure-he instantly took umbrage at my continued questions-he was certainly unwilling or unable to explain to us when asked, WHY our next door neighbours- did NOT Require Council Planning permission to erect her Kitchen Extension and attach it -to our Detached Wash House- causing serious structural damage-to our property- all he would say- was it’s a CIVIL matter-see a Solicitor-
·        Paul Burgon gave the distinct impression-to both my wife and I- that - he resented anyone who Dared to Disagree with him, I began to suspect that Paul Burgon-was under strict instructions from higher placed Council Officials to reject anything & everything we might say-I definitely thought –that-his mind was already made up-or had been made up for him- Prior to his visit to our Home-to deny everything!
He completely ignored all- the obvious criminal damage done to our property by the Cowboy Builders-claiming it was a civil matter- not criminal-I honestly believed that Paul Burgon had deliberately trying to impress us with his extensive legal knowledge- for he continued to refer- to the damage- done- to our property was a CIVIL Matter- and to give us the impression- he was legally qualified- and knew the legal requirements of the Town and Country Planning Act-1990- very well-for he- suddenly Introduced the (4) Four Year Rule into the Conversation- it’s the (4) Four Year Rule! He kept repeating- (4) Four Year Rule! It’s the Law- there’s nothing you or Hartlepool Council can do about it- It’s the Law-!
·        It Sounded as though he had just suddenly remembered this Carefully Rehearsed Stock answer to be Given to Any Difficult Questions- that may be asked by a Concerned Citizen- when objecting to a unlawful Controversial Planning application being granted a Certificate of Lawfulness-and possible retrospective planning permission for an illegally erected extension built on a neighbour’s property-?
I was later to discover that Paul Burgon- had definitely overrated his own legal knowledge particularly-his understanding of the Town and Country Planning Act 1990- he should have known-but- obviously did’nt - as a planning enforcement Officer- that of sections 65(5) and 65(6) of-the-Town and Country Planning Act 1990-when-applying for planning approval-requires the completion of Ownership certificates- A-B-C-D- are a statutory requirement when-applying for planning approval-source-the answer to a Freedom of Information-request-I made to - the office of the Secretary of State for Communities and Local Government- Rt.Hon. Eric Pickles M.P.
Additional information obtain after Paul Burgon Home Visit on Wednesday 18thMarch 2009-is the following-

Updated on the 8th September 2011-
May I also bring to your attention- the following answer given by David Cameron (British Conservative Prime Minister- Member of Parliament for Witney-) in Parliamentary Questions 7th September 2011-
“What I say is that it is a basic issue of fairness, everyone in this country has to obey the law, including the law about planning permission “Where this is been done without permission it is an Illegal development?
The answers-from - Paul Burgon- were beginning to sound- both frivolous and absurd- farcical-in fact- he continued with his idiotic claim, that all the Criminal Damage done- to our- Property- clearly visible-was a CIVIL matter-this legal Gibberish -this absolute legal--nonsense -was obviously for our benefit-he-further compounded the issue-when he added -that we ourselves were partly to blame- as we had NOT lodged- in the past 4 years any formal Objections to our next door neighbours Original Planning Application to Hartlepool Council-to build their still unfinished kitchen extension & Toilet--it was therefore according to Paul Burgon- legal interpretation- Legally Excluded from ANY enforcement regulation of Hartlepool Borough Council, because of the four (4) year rule-of the Town and Country Planning Act 1990
Paul Burgon emphasized once again-that there was NOTHING Hartlepool Council or I could do about it -BUT -if I wished to continue with my Protests/ Objections-I should seek further legal advice from a Solicitor-

After a close internally and externally inspection-the Hartlepool Council Enforcement Officer- Paul Burgon who was-sent to our home- to investigate our continued protests & complaints- that our immediate next door neighbours had illegally built and physically attached- a kitchen extension and toilet- was damaging our property- declared that the ugly carbuncle of the unfinished-illegal building- was perfectly legal and did- not requiring Council Planning permission- therefore it-was immune from any legal enforcement by Hartlepool Council- it is legally protected & cannot be enforce against- because of  the “Four (4) year Rule” of the Town and Country Planning Act 1990

I found- it totally Unbelievable that Paul Burgon employed by Hartlepool Borough Council in their planning department- as their Enforcement Officer-should have been- sent to our home-by Hartlepool Council-after another complaint to my Ward Councillor- Sheila Griffin- with specific instructions to investigate our long standing serious allegation-of Planning Misconduct- was Totally Unprepared and Completely Unaware of this unfinished kitchen extension had been originally- erected without seeking planning permission from Hartlepool Council-and was therefore an unlawful development- He should also have known that his unjustified-& Deliberate attempt to deflect the blame on ourselves for NOT making a formal complaint was not only-Disrespectful- but Insulting--he should have known- in his position of enforcement officer for Hartlepool Council- Planning authority-that the Hartlepool planning authorities- themselves-had been totally unaware of the erection of the kitchen extension- -Proof if further Proof was needed-that they also-had- been Deliberately Deceived by the Retrospective Planning applicants- H/2009/0568!
Who had NEVER repeat NEVER sought-or applied-for planning permission - from-Hartlepool Borough Council planning authority- for their ugly- unfinished unsafe kitchen extension-now illegally attached to the rear wall of our outside wash-house causing severe property damage-it was therefore an illegal building-

This was NO innocent mistake-it was a well thought out- sophisticated conspiracy- fully intending to gain by criminal deception- a certificate of lawfulness-for registered freehold property CE74844 “Absolute” NOT in the ownership of the Retrospective Planning Applicants- H/2009/0568-
The Hartlepool Council Officials-in both the Legal and Planning-departments- also knew WHO were the true and legal- owners of the freehold property-because  Hartlepool Council- were the Previous owners & Sellers- of the freehold property CE74844 “Absolute”on which- the Retrospective Planners- H/2009/0568-had built their illegal structure-yet remained silent- for reasons soon to be exposed- a gross breach of their positions of trust- clearly-Fraud- Conspiracy To Pervert The Course Of Justice! & Misconduct In Public Office!
Consequently WE the immediate next door- neighbours –the innocent victims of our next door- neighbours- deceitful criminal building activities-had NEVER repeat NEVER been given the opportunity to lodge a formal objection to the unfinished kitchen extension-to Hartlepool Council planning authority-HOW- I asked Paul Burgon- under those circumstances-could we -the innocent immediate next door- neighbours- be held responsible-for the deceitful and dishonest action of our next door neighbours-?

It could be clearly seen that Paul Burgon -did not appreciate being challenged or Contradicted- on any of his ridiculous idiotic answers-

At this point I believe Paul Burgons realized he had made yet another mistake- he appeared to be on the point of losing his Temper and Self-control Completely- (my Wifes Comment latter was he looked as though he was Going to Spit Out his Dummy)

He threatened verbally -to leave our home immediately- and made towards the Front Door! A very clear indication to both my Wife & I -that what had been a very - Disagreeable- Unfriendly & totally Unsatisfactory Investigation into our Genuine Serious long standing Objections and Complaints of Council Planning Misconduct was OVER- FINISHED- I thought it prudent not to exacerbate the growing moodiness of his bad temper by asking-any further questions-so I said Nothing-!

Just before Mr Paul Burgon reach the front door to leave- he appeared to suddenly have regained some of His Composure! He most certainly hesitated & it appeared-he had second thoughts on leaving! Because -he suddenly turned around and rejoined my wife & I in our front room!

I think he had- realized his conduct had been totally unacceptable - -certainly not what one would normally expect from a council official-he had not been physically violent or threatening-but his whole attitude throughout-his home visit- had been very cold & unfriendly-even hostile- certainly arrogant-
Foolishly -Still thinking at that time that Paul Burgon had some real Authority-I Reminded-him- that our serious Concerns of Property Damage and Our Legal Title to the Freehold Registered Estate- CE74844 “Absolute” had been known to Richard Trow, the project Planning Officer& self-confessed-draughtsman- for the Retrospective Planning Application H/2009/0568- since our first meeting in Bryan Hanson House-in August 2008- had also been discussed at length with him by Independent Councillor Michelle Anne PlantIn September and again-in October 2008!
-I politely Invited him to examine our Official Copy of the Original Land Title Deeds CE74844 Absolute Registered at Land Registry Durham- on the 29th 3 1984 .by J Anthony Brown Chief Solicitor of Hartlepool Borough Council. and explained our understanding that Absolute Title is the best title to have as it is “Indefeasible” i.e. once granted  the proprietor is recognized as the absolute owner-
After inspecting these Bone-Fide Legal Documents as Indisputable Proof of Legal Title- & Registered Freehold Property Ownership, Paul Burgon- appeared to be uncertain of what to Say or Do Next- and started once more-to leave our home-

Just before Paul Burgon eventually left- our home-I reminded him- that Alyson Carman-Town Solicitor & Complaints Reviewer was also Fully Aware of the True Legal Owners of the Registered Land & Property-CE74844 “Absolute” but had also- chosen to remain silent-on the issue.!
She had Personally Requested & had been given by Myself an Official Copy of the Original Land Title Deeds CE74844 AbsoluteConveyed Registered -Filed & Recorded in both the Property & Proprietorship Registers at Land Registry Durham-on the 29th 3- 1984 by the Chief Solicitor of Hartlepool Borough Council- J Anthony Brown- at a Meeting held in Hartlepool Borough Council Offices in December2008 -Indisputable evidence that she-also-knew- that the retrospective planning applicants H/2009/0568- were NOT the legal owners of the property previously built-who were now deceitfully seeking a certificate of lawfulness-and retrospective planning permission-therefore she is guilty of misconduct -in Public Office
Yours Sincerely
Alan Harvey Flounders
additional Planning information from the Public Domain-
Update - made on -Friday 16th March 2012!        

Here is photographic evidence of the ugly –illegal-built-carbuncle-of the kitchen extension-& toilet- built without seeking-council planning permission- attached to the rear wall- of our private-detached wash-house building-causing substantial- structural damage and life threatening issues- by deliberately and completely blocking- off -the gas escape ventilation-ducts- purposely -positioned-high in the rear wall-of the detached wash-house-by the original house builders-to allow the safe- un- interrupted flow- to the outside atmosphere- of any build-up of toxic or explosive gasses- collected from the internal gas heated hot water boiler –in addition to preventing the property owners-their legal & human right to the safe use of their clothes washing -facilities-as clear breach of the protection of property under the European Convention on Human Rights- Protocol 1-Article 1-
(a)             A person has the right to the peaceful enjoyment of their property-
(b)             A Public Authority cannot take away what someone owns-
(c)                 A Public Authority cannot impose Restrictions on a person’s use of their property-
(d)             A Person-has the right to use-develop-sell-destroy-or-deal with-THEIR-property-in-any way they please
(e)                  The right to protection of property-means that public authorities-“Cannot”-interfere
It would appear- that-Paul Burgon -Enforcement Office of Hartlepool Council- was also Totally Clueless & Completely Wrong -regarding his legal Definition and Understanding of the Four year Rule under the Town & Country Planning Act 1990-when he visited our home on Wednesday 18thMarch 2009-
This was- I honestly- believe- a blatant attempt at deception-intending- to circumvent the planning process, and to pervert the course of justice- Recent high court cases have questioned the four year rule-some recent- High Court -Rulings- have confirmed that-anyone -making a fraudulent planning application (as in this case- H/2009/0568-- should disqualify the planning applicants- from claiming immunity from enforcement -under the 4 year rule-

Paul Burgon’s obsession with the Four Year Rule particularly his legal definition of it-has since been proved to be Completely Wrong-
My continued- research on the internet- unearthed the following-
·        a well written & easily understood Legal Definition-compiled & posted on the Internet on Friday 16th March-2012-by Martin Goodall a Solicitor who has specialized in planning law for the past 35 years. He is a member of the Law Society’s Planning Panel and a Legal Associate of the RTPI. He later spent 9 years working as a Solicitor in local government, including 6 years as Solicitor to the Council and Deputy Borough Secretary of Waverley Borough Council in Surrey-For the past 25 years Martin has been in private practice as a specialist planning lawyer based in Bristol, where he is now a Consultant in the firm of KEYSTONE LAW.
·        Martin Goodall legal definition-& explanation
·         The Four year Rule--Town & Country Planning Act 1990- is quite straightforward-in all cases the DWELLING- becomes immune from Enforcement-and therefore lawful- because it had been continuously occupied as a DWELLING- If a Building is equipped with the essential facilities required for day-to-day- domestic existence-so it can Genuinely be Described as a DWELLING-and it is Constantly Used as a DWELLING-for at least four (4) years-then it’s occupants are entitled-to apply-for a Lawful Development Certificate—
That- legal explanation- from a Qualified Solicitor-of some 35 years legal  experience- completely contradicts- the ridiculous version of the law-regarding the four year rule- held by Paul Burgon -Enforcement Office of Hartlepool Council-?

The ugly carbuncle of an illegal kitchen extension and toilet- built-without planning permission- on land NOT in their Ownership-attached to our detached Wash- House property causing substantial structural criminal damage - CANNOT- be -Genuinely Described –even by the Local Village Idiot- as a DWELLING- continuously occupied and equipped with the essential facilities required for day-to-day- domestic existence-it’s a toilet- built for use of their Taxi Drivers !
Yours Sincerely
Alan Harvey Flounders