Saturday, 17 September 2011

Council tax ( in law defined as a tax on a RESIDENTIAL property so presumably has to be recognised as such officially) can't be collected if breach planning conditions and on dwellings where occupation is forbidden in law. Seems to me that the council h



 
May be useful for future reference, page 15 of this pdf.
http://www.communities.gov.uk/%20documents/localgovernment/pdf/1198171

Council tax ( in law defined as a tax on a RESIDENTIAL property so presumably has to be recognised as such officially) can't be collected if breach planning conditions and on dwellings where occupation is forbidden in law.

Seems to me that the council has been illegally charging Dale Farm residents council tax, illegally collecting it.
 Now if you were claiming to be exempt and you weren't, the council can do you under the theft act - so what about when the council have been collecting it unlawfully, can we do them under the theft act? And can someone in touch with the lawyers find out if the fact that council tax has been paid alters the legal status of the homes - i.e. the fact they have been officially recognised for council tax purposes as residential properties affords them the right to planning permission and retrospective planning permission now?Cheers Lou Morgan
 
    •  Just sent email to Dominic Grieve attorney general and next on agenda is Basildon Council's legal team if I can get their addie.....so the email said this......
      Dear Mr. Grieve,

      I write to you in the hope that you will have the good grace to reply to me at your earliest convenience as no other Government Minister has done so thus far and that is actually rather shameful on their part. Time is of the essence and I would appreciate a prompt response.
      In law, council tax cannot be charged if the property breaches planning conditions and cannot be charged on properties where occupation is forbidden in law.(http://www.communities.gov .uk/documents/localgovernment/pdf/1198171) Now, some of the Dale Farm residents facing eviction have been paying council tax so may I suggest to you two problems that now arise; either 1) the council is and has been illegally collecting council tax contrary to it's own regulations and 2) by charging council tax and recognising the properties therefore as residential by such a levy, the planning permission argument is somewhat undermined if not negated by the council tax charges, technically they haven't got it but yet there is a recognition in other areas of law that these are residential properties. Surely this is a contradiction and makes a mockery of the alleged illegal occupation of their own land and the successive rulings against the Dale Farm residents. 
      Could you address this extremely important legal point as I will be forwarding this matter on to all relevant bodies for their consideration. I await your urgent response.
      Yours sincerely,
      L Morgan.