statutory document

[Hgrove]

What is a statutory document? I post this q. here because it has come up in the context of a planning application to extend my house.

[Ethel]

It is any legal document.

Possibly in your instance the deeds or title to the property, an additional restrictive covenant or any other legal statement pertainting to your land.

[dannydingbat]

Could you mean a statutory declaration?

[Hgrove]

No, this was a townplanner who came to visit my house. She said "we have a statutory document that says that extentions should not be more the 3 metres long". I said a statutory document is not the law, whereupon she got really annoyed and defensive. But as far as I know the law in this country (England) is only Acts of Parliament or judicial decisions. But I am no wiser as to what a statutory document is.

[Miss Zippy]

'Statutory document' is an informal term for a piece of delegated legislation (specifically, Regulations). The townplanner will be referring to a Regulation your local authority has made under the power of an Act of Parliament (e.g Town and Country Planning Act).

[Hgrove]

Thank you very very much Miss Zippy, this is very helpful - as ever.

[Miss Zippy]

Glad to help Hgrove.

[dannydingbat]

Legislation (law) is enacted in a variety of ways. As well as Acts and Judicial Decisions, you can also have statutory instruments (orders and regulations) made by the appropriate Secretary of State. This is probably what it was. They do not have to follow the proceudre for new Acts.

I suspect it was the The Town and Country Planning (General Permitted Development) Order 1995 or one of the five subsequent amendments. These can all be found on www.opsi.gov.uk

Why not ask them to confirm what it was and come back on here and get some more advice?

[Hgrove]

Thanks - I asked the town planner what exactly this "statutory document" was but she became defensive and just kept repeating "it is a statutory document" (stressing "statutory") and "this is what they tell us to say". I did not press the issue because I could tell I was not going to get anywhere with her.

[dannydingbat]

I work in the Legal Department of a local authority but I not a Planning lawyer. Any officer who comes to your premises should be able to tell you accurately what laws apply to you and what they mean. If they waffle, it underlines a training requirement which is not being met. Go higher. They are undoubtedly not meeting some target or other which may count against them if it was made public. You deserve better service.

[Golden Shred]

The Miss Zippy answer is again not correct. A Statutory Document sets out the written law and the Government interpretation of how it is to be applied. These documents, and there are many of them, are frequently headed "Statutory Document". In the context of a planning application it may well be a Statutory Document issued by the Office of the Deputy Prime Minister. It is law. I deal with construction matters, and I must say that a bald statement that an extension cannot be more than 3 metres long is quaint. Telephone a Senior Planning Officer and ask for an explanation and the exact document and wording relied upon. If you would then post the answer here it will be of interest.

[Hgrove]

Many thanks. The planner who came to my house is a young lady from New Zealand. It sounded to me like the council have difficulty recruiting and so hire people who perhaps have been on a short conversion course to update their overseas qualifications; or maybe I am being unfair. Or perhaps she finds her explanation satisfies most people but I have an inquisitive mind. I have tried twice to speak to my "agent" (the person whe drew my plans and application) but he was not at home. I would like to speak to him before I take it further with the council; by the way - the leader of the council is a friend of a friend of mine and in fact, I know him and his wife enough to exchange pleasantries with them (my daughter is friends with their daughter). So I could ask him next time I meet him! I have to say however, sorry to be nitpicking, but if a document is issued by the office of the Deputy Prime Minister, then it will be "secondary legislation" issued under delegated powers and will be a very weak sort of law; I do not think of it as "proper" law and it is much easier to challenge than an Act of Parliament.

[dannydingbat]

It is a mistake to think that stuff from the ODPM is weaker than an Act. Some Acts are just things that enable the Secretary of State to dictate other detailed regulations which will apply. It is all strong and enforceable unless it is just guidance which this does not appear to be.

[Miss Zippy]

Golden Shred - I suppose I should be flattered that you insist on following me around and seem to think you have the right to state that my answers are incorrect but I really must tell you to get a life!. You are saying that a Statutory Document is issued by the "Office of the Deputy Prime Minister"? What a load of balderdash! Stick to what you know!