Appendix ‘B’ Try to Prevent it Happening

List of Proposals to Deter Care Home Developing Near You

It is obvious that when you become aware of an application to convert a house in your street to a nursing or care home you immediately convene a residents meeting. However it is likely that those with busy jobs or those living further away from the development will expect the more vociferous or having more time on their hands to take the lead. This has happened in this street and belatedly others have realised the problems I have identified. You are stuck with the eyesore and related problems for the duration of your stay in the street.
Make it known that you will be adopting the below stance.

1. Try to visualise the boundaries, parameters and height of the new development and how it will impact on your privacy (as stated no garden is required and each square inch will be utilised) Whilst suggesting you not engage in any ‘charm offensive’ by the home owner, work on the assumption that you are only going to be provided with the absolute minimum of what you need to know. That there may be other issues going on secretively. Try to identify substantial issues which may or are likely to be breached, changed or altered. The Town and Country planner knows a great deal more than you so you quickly need to be versed in the reasons for objection, not what you consider ‘fair and just.’

Your local Council have a duty of care to you under Human Rights Law.  The care home owner acts on the Council’s behalf,  and whilst owing you no duty of care,  actions impacting on your privacy and enjoyment of your property reflect on the Council. Wiltshire Council’s in-house solicitor’s recommendation stated, “Unacceptable disturbances could be addressed through the appropriate channels of the Environmental Health Officers.”

County Councils (similarly to the Police) will do all within their power not to admit mistakes. However they will happily issue understanding, sympathy or apologise ‘if the matter has upset you.’ In this case their failures (in my opinion) have brought, “Whilst I do understand your concerns, I hope that this now clarifies matters for you.” ……They understand my concerns (ambulances and scrap metal vehicles are using doors undertakings were made would not be used), but choose to do nothing.
My comments about public bodies branding people ‘vexatious complainers’ are on the site.  I have a copy of Wiltshire Council’s policy if required. Imprint at an early stage that it is to your knowledge public bodies will ‘brand’ a person who makes complaints ‘a vexatious complainer.’ This may be of use later.

2. Tell the proposed home owner (via the Council or your County Councillor) that you will be adopting a zero tolerance policy and that should any breaches of road traffic law occur leading to danger to children playing in the street or a driver’s view being obstructed when maneuvering, the Police will be notified.(the children in this street had been unable to play in the street for a year)
It is too easy to become friendly with builders but in the case that permission is granted and work takes place you should stay aloof and ‘by giving an inch a mile will be taken.’ Repeated infringements are calculated or likely to make you acquiesce/give up – …don’t… Complain about everything taking photographs with a time date facility.

3. Retain/download copies of all e-mails applications complaints and other documents. All sorts of claims and assurances will be made which you may quickly realise are probably written in invisible ink.

4. Consult your house insurers. There is a civil offence of ‘nuisance’ and it may be that Restrictive Covenants on the property or street are enforceable.
5. Invite your local newspaper to the Planning Committee meeting. Request that restrictions be imposed on hours and days on which work can be carried out as well as restrictions upon parking and deliveries.

6. Inform other parties that you will create website (If I can do it, you can) naming and shaming parties who give inaccurate information and breaches of your privacy thereby helping others in this position. Treat the exact number of rooms in the development with caution. It may become a labyrinth. How long will it be before an application is made to revise resident numbers or build yet another annexe onto it?

7. From experience, a small minority of solicitors thrive on using ‘scare tactics’ to intimidate to get you to change your mind or give up. (not only criminal law, I have carried out my own conveyancing and passed Legal Executive exams (including conveyancing) Do not be intimidated if you collectively get such a letter, remain calm read properly…Remember you can always ‘ throw in your hand’ and give up.

8. The Protection from Harassment Act, 1997 was introduced to combat stalking but (correctly) was used to prosecute a dissatisfied diner who distributed hundreds of notices about his complaints. He was successfully prosecuted. His actions brought about a serious loss in trade. His actions were also held neither to be proportionate or justified. I would never support law breaking. However proactive steps may well be needed to persuade a care or nursing home owner that their development would be unwelcome and unwanted.

I would find it extremely hard to believe that the Police/Crown Prosecution Service would act on the basis of the care home owner continually reneging on his assurances. An example would be displaying ‘estate agent’ type signs or window posters in the area.

The residents of Okebourne Park were able to prevent the imposition of such a development and possibly, had this cul-de-sac not have been populated with elderly people; we too could have thwarted the development.

9. Thoroughly read previous planning applications by the care home. They will give you reasons why previous applications have been turned down. More importantly clues (and ‘familiarity’) will become obvious. The highways dept did not object but local village clerk did, totally showing a lack of local knowledge.

10. The Care Quality Commission appear to visit care homes every two years (sometimes more often) Their report may assist(on the internet).