The Tribunal took place over 2 days, the 19th and 20th of May. The day before
HCC prosecuted Mehrab-Khani for building breaches of Unit 1, one of the issues being setback, the next day we were in Tribunal and they changed sides now wanting the setback approved.
This Tribunal is partly the result of another Tribunal in 2005 which
ordered additional setback and which has subsequently been ignored. In a hearing 8 weeks ago, Mehrab-Khani's Engineer Chris Potter was asked by what measurement was the setback incorrect?
"I thought it was right," answered Mr. Potter!!
So from that we can assume he had no idea what the setback on the plans were supposed to signify.
I will NOT report on these proceedings until the report is finished by the Tribunal members, which will be 9th June at the latest.
However, I will mention one part of the Tribunal when I was in the witness chair. Mr. Potter decided to ask me some questions.
"Look at this picture, says Potter. It's Unit 2 correct?"
"Yes", I say.
"The windows in Unit 2 have been approved under the permit scheme, and they can overlook your property just as much as Unit 1, isn't that correct?"
"The windows
have not been approved. They have just been put in illegally and I have notified Ross Willis of Council. You would have received an email about it last week!", I said not believing my ears.
Obviously Potter has no idea what has been approved or not.
He tries again.
"The windows have been approved under the permit scheme", he says again, as if repeating something makes it true.
"Absolute nonsense", I say. "They have not been approved, they are not on the plans, they are illegal. Check the plans"
Silence. Then the sounds of plans being flicked thru as Tribunal members look for the original approved plans.
Red faced, Potter finds the drawing which shows wooden slats half way up....and says, "OK so there are slats half way up...but you can still see out of them!"
He totally lost credibility by not even knowing what on his own plans.
Here is the letter I received a few weeks ago from Ross Willis of Council where Council agree with me that the windows are not approved.
I got stuck into Potter over his sun diagram too. He shows me a sun/shadow diagram done my his brother, the aptly named David Gavan Jack Potter going by the name DGJ Potter.
The extension part of my house which is the subject of sunlight loss, was not even drawn on the diagram!
So Chris Potter is getting me to look at a
sun diagram of my house where my house isn't in the diagram.
"These are shonky diagrams", I said. "I don't accept them, and they don't match the 5 other sun diagrams I have in my possession from the last 6 years."
Silence.
Potter tries a different tack.
But you knew Council always said you would lose sunlight."
"Absolute nonsense", I said. "Every Council representative 5 years ago said normal sunlight would ensue after 10.30am. Neil Noye from HCC said it too."
"Neil Noye said some unfortunate things", tries Potter.
"Well Council Planner Clare Hester said it too", I shouted (I was shouting by this point, not believing the absurdity of what I was hearing.)
At that point he wasn't going to ask me anymore questions, and that was that. So it appears Mr. Chris Potter does not know about setback, or what has been approved, yet he is responsible for making Unit 1 compliant.
Here is what Council said about sunlight 5-6 years ago. This seems to have been buried and Potter and Council obviously hoped it had all been forgotten.
Neil Noye said normal sunlight after 10.30, Planner Clare Hester said it would be normal after 10.00am, see below.
And Consultant Planner Kate Loveday said that the reduction would be minimal and within TASCORD guidelines. That's not true either.
More will follow when the Tribunal results are out. This interchange was just between me and Chris Potter. Tony came out firing and there was a wonderful cross examination of DGJ Potter.
