Forum Topic

Tesco Express London Rd

We residents who live above this shop are fed up with several things, we have twice Wrote to the store manager with NO reply and emailed head office twice they replied stating they would get back to us within 10Days.We have Written to Head Office with our complaint and still No reply.It seems they care about Profit not their Neighbours.What we are disgusted about.1. Lorries turning up to make Deliveries before the time they are allowed to by the Council 8am - 8pm some mornings they do deliveries at 0630 they are VERY noisy and it wakes up people who's bedrooms are above where the Truck Parks.We have notified the Councils but nothing has been done.2. Customers parking in front of our Front Communal door.This is a Health and safety issue as the door serves as a Fire Exit.Tesco are responsible for the Front Forecourt and for their Customers.We have a Single mum and a Disabled Resident who sometimes cant use the Front door because of Vehicles parking in front off our door.We asked Tesco to put a sign up telling their customers not to park in front off our door and they have ignored us.3. Big Metal trolleys at the Back of the Property.Sometimes there can be up to 30 Tall Trolleys at the back which they place half in our car park and sometimes they block are Back stairs when you tell them to move them they don't.4. Rubbish Bin.At the side of their store they have a large container Bin which is kept behind a tall wooden fence and gate, this Gate is always opened which allows kids to go in and pull stuff out of the Bins.We have asked Tesco to start padlocking the Gate, as a child could one day fall inside the Bin.5. Out Of date Bakery Items.Tesco do not place this in their Bin they place it ion a small open trolley which can cause Rats and Mice which they seem to not care about.6. Lastly a couple years ago tesco placed a air vent pipe in our communal area and the residents say they were not asked or notified about this.Now there is Damp around the Pipe.We Feel Tesco should sort out all these issues.

Simon Anderson ● 5932d146 Comments

Pleased to see that lurking in the big slew of traffic orders to put double yellow lines around many junctions, there is one to address the parking around the service road at Tesco Express.Probably best seen in the map on page 125 (of 201 !!) athttp://www.hounslow.gov.uk/traffic_parking_restictions_various_011113.pdfAnd it gets included in the (part-time) 20 mph zone for the schools athttp://www.hounslow.gov.uk/traffic_calming_smallberry_green.pdf(Although I would have liked the last to be made bigger to include the Green School and Nishkam School  - and possibly extending down to Isleworth Town)

Tim Henderson ● 4291d

We are indeed talking about Hounslow, although I have no personal knowledge of the attitude of Officers in respect of Members "interfering" in the process (when I worked at Councils I greatly enjoyed dealing with Members/presenting matters to Planning Committee etc) - to be honest on the whole from my side of the fence (and compared to many other Councils) I feel I get a fairly good level of service from Hounslow's planning dept.However there are exceptions, and in the matter I'm referring to the Officers appear to be going against national government guidance and the Council's own published guidance on the enforcement process by refusing to provide my acquaintance with any kind of update on their investigations.In Simon's case whilst even in my time we used to send out standard pro-forma letters if we closed a case (because due to resource implications it is impossible to send out a personal letter to every individual who ever lodges an enquiry fully explaining the situation), if a recipient then contacted us asking for clarification as to the reason(s) why we would always provide it, and I'd have thought that was still the case.

Adam Beamish ● 5350d

Are we talking about Hounslow Adam?If so I'm afraid that since you left the Environment department there has become very much a law unto itself, with no attempt to conceal its disdain for elected members who dare to "interfere" in the process (not suggesting that your leaving was connected with this in any way of course).We in the ICG took this personally but the practice would appear to have continued into the new administration.

Phil Andrews ● 5350d

Indeed, just thought it would be useful for Simon (and any Councillor he approaches) to establish the reason before the situation gets to that stage.I am also curious as I am aware of a recent matter where Council officers are refusing to give any update on the progress of an enforcement investigation to someone I know who lodged the original 'complaint', despite the Council's own guide to planning enforcement (available on its website) advising that complainants will be kept regularly updated of progress.

Adam Beamish ● 5350d

If it is called into Area Committee Adam the reason for the officers' original decision not to enforce will be included in the report.

Phil Andrews ● 5350d

Simon,Any clarification as to why the Council say it isn't going to enforce ?.Adam

Adam Beamish ● 5350d

Phili might email Sue Sampson as George called me the other nite praising her up for all she has done for him recently maybe she will help..i will let u no mate

Simon Anderson ● 5351d

SimonI cannot comment on that but if for whatever reason you feel you can't ask your own ward councillors you can ask any other member of the Area Committee, that is any councillor from Isleworth, Brentford or Osterley & Spring Grove ward.  Best of luck, let me know how you get on.

Phil Andrews ● 5351d

Phil thats Funny i tried the New Labour cllrs the week after the elections they made promises then ignored my emails!!

Simon Anderson ● 5352d

As I say Steve, just because a breach of control is established doesn't mean that either (1) the Council has to enforce, or (2) depending upon every Council's adopted Scheme of Delegation, that the decision not to enforce has to be made at Committee rather than being delegated to Officers.  However, as I suggested and as Phil confirmed local Councillors can request/insist that the matter be reported to Committee.So as such there is nothing 'strange' about it, it is completely normal.  But I agree that to a lay person the expectation is that if a breach of planning control occurs the Council will enforce.

Adam Beamish ● 5352d

SimonYour local councillors do have the authority to call this matter in to be discussed at Area Committee whether the head of department likes it or not.I would suggest you get onto one of them and ask him whether he would be prepared do this.

Phil Andrews ● 5352d

Adam,  you are correct that at the moment my comment isn't justified in the true sense as justification will only be known when the High Court Judge hands down his judgement.In the meantime, based on evidence, I merely opine and I found it strange that in Simon's case  "After an investigation they found that Tesco are in breach of their License for Deliveries but they are not taking action and not taking this to the Planning area Committee...."

Steve Taylor ● 5352d

That comment isn't justified Steve.  If the Council did take action every time it established a breach without properly taking into account all material planning consideration (considering the expediency of taking enforcement action) then it wouldn't be fit for purpose, as it wouldn't be following guidance contained within relevant government circulars etc.  Yet again, your 'issue' with SDC & Mogden makes you prejudice against anything the planning department do or don't do.Simon - did the email explain why the Council doesn't consider it expedient to take enforcement action ?.  If not, ask for an explanation as to why, if you're still unhappy with the response you can always ask a Local Councillor to request that the matter be discussed at committee - it is correct that under Hounslow's Scheme of Delegation Officers do have delegated powers to close enforcement investigations without taking action if it isn't considered expedient to enforce, and contrary to what you may think those decisions aren't taken lightly.

Adam Beamish ● 5352d

Another example of a planning department which is not fit for purpose.

Steve Taylor ● 5353d

Update:yes Long time but i have received an email from the Planning department in Hounslow Council yesterday.After an investigation they found that Tesco are in breach of their License for Deliveries but they are not taking action and not taking this to the Planning area Committee....whats the point in Licenses with rules if they don't act on them if they get Broken> So we residents have to suffer with Noise every night...

Simon Anderson ● 5354d

On Monday myself and some Neighbors of mine met with the Landowner Downstairs who was very pleasant.He recognized our problem with Customers parking in front off our Black Communal door and has promised that in November he will pay to have a Yellow "No Parking Box" painted in front off the door and have a couple professional signs made up. He stated if that does not work after a Month he will have Rails put up either side off the entrance to the Door.I spoke to him about the empty unit and all the posters on the windows, he stated the unit belong to Tesco and its there Responsibility, When i came up stairs i emailed Craig Williams the Area manager to ask him why these posters have not been removed after he promised to get it done 2 months ago and if he can not arrange someone to do it i would.We then went around the back with the Landowner to discuss the Back Car Park, he told us that he owned the land but to put a chain across and for us to have Keys would mean if e moved we still had rights to park there or if he wanted the land back it would be hard for him to do so, so he suggested he would talk to his Solicitor about drafting up contracts for each Tenant where we pay £1 a year to park there, if we move we have to hand Keys back or if he wants the Land back he could so we agreed.Finally i told him the Local Police was doing a good Job, as they have been down here a few times and placed Tickets on Cars who block the entrance downstairs, he state the Police CAN NOT do this as its Private Land and NOT part of the Highways and therefore if any driver gets a ticket they have grounds NOT to pay.Lastly i checked the Leak that was mentioned earlier in this thread, upstairs there is a Black Pipe and it is supposed to hang over the opening off the Drain Pipe but it wasn't i have re positioned it but i feel the kids will probably move it again.

Simon Anderson ● 5770d

I will Raise it with Tesco but i think it already has because the store Manager said he discussed a leak with the owner in the week

Simon Anderson ● 5776d

I don't know if you've noticed this, Simon, but the gulley below down-pipe from the flats on the Teesdale Avenue side has been blocked for months and the surrounding area is frequently flooded.This is something the freeholder or Tesco should attend to.JL

Jim Linwood ● 5776d

Hi Sarahtesco promised us alot but not followed threw. The shopping trolleys are still at the back, they still have deliveries during the night inc Sundays.They Wont help with Parking issues either.And the amount off time i have had to tell them to empty their bin outside the store.I do have a Meeting on Monday with the Landowner to discuss the parking issues so fingers Crossed

Simon Anderson ● 5776d

Sarah Felstead ● 5776d

In my view, many local planning authorities are poor when it comes to the wording of conditions imposed upon the granting of planning permission.  Sometimes this is because Officers don't really think through the wording and fail to heed the advice/six point test given in the relevant Government Circular (11/95) and sometimes it can be because Members overrule their Officers (both Planning and Legal) and impose absurd conditions that won't stand up.Thanks for the link to that article, I just read it.  I think it is rather OTT if I'm honest, and the comment from the Leader of North Norfolk District Council is, in my view, laughable - if there are sound planning grounds for refusing an application from any applicant, be it a multi-national company or Joe Bloggs, then the application should be refused on those grounds, without worrying about the potential of that applicant being awarded costs on appeal.  Costs are only awarded upon appeal if the Council behaves unreasonably in terms of either its conduct during the appeal proceedings or for refusing an application on grounds that simply can't be defended.The flip side of the coin which the article doesn't touch upon is that applicants often spend thousands of pounds getting a team of experts together to prepare and submit a planning application, all of the professional Officers support the proposal, and then it gets reported to Committee recommended for approval and you have Elected Members, the majority of which have no planning expertise and only limited knowledge/training, making the final decision, often completely disregarding the advice of professional officers and refusing the proposal, essentially because it keeps their local constitutents happy.  I've often heard such Members then say in committee "well let them appeal if they want to" but the reality is that some applicants are working on tight timescales and because a public inquiry is typically being determined in over 30 weeks rather than go through an appeal they will instead spend more money trying to tweak the scheme to keep those Councillors happy and hopefully get a decision at least a couple of months sooner.  So there is a flip side too.Not, I should stress, that I'm necessarily criticising Elected Members, I don't envy the balancing act they have to perform being making rational/reasonable decisions and trying to represent their local constituents, but having been sat on both sides of the fence I can't begin to explain how frustrating it can be when either Councillors vote not to take enforcement action on something you've worked hard on for months, or when Councillors refuse to grant planning permission for a proposal that has the full support of professional Officers and you know that decision could mean the client gives up and therefore you lose business as a consequence.

Adam Beamish ● 5841d

Thank you for your comments, Adam.So it should be a lesson to sharpen up the wording of planning conditions ?An interesting article by George Monbiot in the Grauniad complaining of the power of Tescohttp://www.guardian.co.uk/commentisfree/2009/aug/10/tesco-planning-superstore-independent-shops..."the decision is left in the hands of a remote and frightened council"

Tim Henderson ● 5841d

One of my favourite parts of working in planning is dealing with conditions and if you consider the wording of Condition 7 you'll note it is completely silent about the continued retention of the cycle parking provided.All it says is "details will be submitted, approved and the spaces shown made available before first occupation" and nothing about any ongoing requirement to retain the cycle parking after first occupation.So technically Tesco have fully complied with the condition, unless the Council added on a further condition, when approving those details (for which there are no records on the online history), that they had to be implemented and retained.  If I were Tesco's plannng advisor and I knew no such additional condition had been imposed, I'd be advising my client to point this out...and I'd expect the Council to go away quietly.Also got looking at the precise wording of the condition re. deliveries, which says "taken at or dispatched from the site" - I presume the land at the front is owned by Tesco ?.  Otherwise if the newspaper deliveries were dropped off on the land at the front of the site, rather than actually within the site, there's the defence that the condition isn't being breached.

Adam Beamish ● 5856d

Can they argue that they've done everything to ensure compliance if they are still paying the invoices of the newspaper delivery company ?I still reckon that the absence of the cycle rack is also non-compliance. The old rack from the Osterley store was installed on the Teesdale Avenue side of the store (between the glass and the bollards) shortly after the store first opened. But then it was taken away. The comments quoted from Simon (posting 22/07/09 12:34):I met with the Area Manager and Store Manager this Morning regarding several Issues.I asked about Bike racks and the store Manager stated he had been there 2yrs and he has never seen a Cycle Rack.He stated the store is just over 3yrs old.The Area Manager showed me the Plans and there wasn't any on them either.As to Parking at Front Tesco only own the 3 Bays (which inc the Disabled Bay) the other bays are owned by the other Units.The parking in front off our Fire Exit is an issue that the Land Owner needs to sort out they told me.may imply that Tesco feel they have some responsibility for providing bike parking for their customers - but it may be that the plans held by the Area Manager were not the ones agreed with the Council and the original applicant for the planning permission."7. Before the development commences details of cycle parking shall besubmitted to and approved by the Local Planning Authority and the spacesshown on the approved drawing shall be available for use before firstoccupation of any part of the developmentREASON: G2"(Thursday, 19 January 2006 7:30 pm, Isleworth and Brentford Area Committee (Planning))

Tim Henderson ● 5856d

Yes, but I'm sure there are still trading quite healthily Simon.  Personally, I never see the point in trying to mediate with big companies, they couldn't give a stuff.  Hence why I'm more interested in what response you've got from my old colleagues at the Council, as it seems to me that only if they serve a BCN will Tesco have to act...or, as I half suspect, Tesco may totally ignore the BCN and dare the Council to try to prosecute in court for non-compliance and enter a not guilty plea saying they've done everything they can reasonably do to ensure compliance.

Adam Beamish ● 5856d

What gets me is i offered Tesco a Olive Branch..we would compromise on these 2 Deliveries if they Sort out our Parking Issues but they didn't want to know stating it was not their problem as it isn't their Land...I feel that it is their Problem as its their Customers.

Simon Anderson ● 5856d

This is the problem with these types of situations, to some extent the problem is out of Tesco's hands, as it all depends upon the particular delivery driver on any given day.I'm more interested as such by the Council's take on this, as from everything you've posted it seems pretty clear that the condition is being breached, so the option is open to the Council to serve the Breach of Condition Notice I mentioned a while back.

Adam Beamish ● 5856d

AdamThe Area Manager and Store Manager promised me that The Magz and Newspaper Delivers would be Done Via the Back but still they delivery them at the front.Can i say at 6am and especially 1230am there isn't much background Noise the Drivers of these Deliveries are so Noisy its un fair that we have to put up with it.

Simon Anderson ● 5856d

Well you know the answer to that Simon, I imagine a fair amount of their trade on Sundays/Bank Holidays comes from people going to the store purely for a daily newspaper and picking up a couple of other bits and bobs, and of course the daily newspapers can't be delivered the day before.I have to say in my professional view I'm not wholly convinced that a newspaper delivery to this location should be unacceptable in planning terms, given the ambient level of background traffic noise along the A315 itself.  Major food deliveries involving large lorries and taking produce into the shop yes, but in theory newspaper deliveries should just be a case of opening a door, getting the newspapers out, and leaving them at the front of the closed store.  I know from professional experience that newspapers aren't delivered after 8am, they are always delivered earlier to stores like this, I doubt you'd find a single similar supermarket that gets newspaper deliveries within the hours of 8am - 8pm.On a personal note, I have to say if I lived in the vicinity of a relatively small-scale 'local' supermarket, I'd see newspaper deliveries early on as a unfortunate but expected circumstance.What kind of response have you had from the Council ?.

Adam Beamish ● 5856d

i have noticed that the delivery times for tesco is 8am till 8pm monday - sat no deliveries on Sunday or Bank Holidays......So why do they get a Newspaper Delivery at 6am on a Sunday Morning??

Simon Anderson ● 5857d

I just wanted to Thank Cllr Hardy for his email to Mr Thompson the landowner the other day i hope with mine and your email things will get done.Also a BIG thank you to Cllr Caroline Andrews who has worked hard to help me with these issues.

Simon Anderson ● 5859d

TimI met with the Area Manager and Store Manager this Morning regarding several Issues.I asked about Bike racks and the store Manager stated he had been there 2yrs and he has never seen a Cycle Rack.He stated the store is just over 3yrs old.The Area Manager showed me the Plans and there wasn't any on them either.As to Parking at Front Tesco only own the 3 Bays (which inc the Disabled Bay) the other bays are owned by the other Units.The parking in front off our Fire Exit is an issue that the Land Owner needs to sort out they told me.As to Rubbish out front they are getting their Cleaners to come out and give the forecourt a good clean up.The empty unit next to them has been sold (to who i don't know) but they are going to get their cleaners to remove all the old posters on the windows on this unit.He told me the Bin by the door should not be left out over night and would ensure this doesn't happen as i informed him about the sightings of Rats.The Steel cages at back he said they will try to store as many of them inside but if they need to store at back they will ensure they are not on our part of car pk.as to the several customer trolleys these belong to the Osterly Store and will be returned asap.They cant provide a chain across the back to stop their customers parking in our car park they say thats down to the land owner.The Pipe in our Block they say is to do with the empty unit.The Newspaper (6am) and Magazine (1230am) Deliveries i suggested they deliver at the back door so its less noise to us residents he is going to get this sorted with the delivery companies.

Simon Anderson ● 5861d

How Filthy can someone be?This Morning we opened our Front Communal door and someone has had well (no 2) in the corner next to the Door (upset Belly style)My Neighbor said it was probably a dog but i don't think it was as it was just in one place.Guess who had to clean it up....?? Yes Me!!

Simon Anderson ● 5866d

AdamI have asked Cllr Caroline Andrews to investigate further and she has emailed someone in the council so waiting on reply.As to the other issues I am meeting Next Wednesday with the Area Manager so i hope next week we will have some good News on this i have asked Cllr Andrews about making the Meet aswell as she has been fantastic in all this.

Simon Anderson ● 5866d

Simon,Had a look in the relevant planning law 'bibles' and unfortunately can't find anything directly relevant.  From what you've posted on here about the deliveries I'd have thought there was enough evidence now for the Enforcement Team to issue a Breach of Condition Notice, which, unless LBH's procedures have changed, they can issue under delegated powers, i.e without needing to get authorisation from IBAC.

Adam Beamish ● 5866d

Thanks Adam for this.

Simon Anderson ● 5867d

Simon,I'll come back to you planning wise re. the deliveries tomorrow, it crossed my mind earlier today that I'm sure I've seen some relevant case law about newspaper deliveries and whether they are covered by a restrictive planning condition relating to hours of deliveries (yes I know it sounds simple but it is never as simple as it sounds), and I'll have a quick refresh when I'm in the office tomorrow morning.Adam

Adam Beamish ● 5867d

I emailed the Area manager AGAIN this morning no reply as off yet.I have contacted the Coucils pest control about the rats too.I feel if Tesco doesnt want to play Ball then i will take it further.

Simon Anderson ● 5867d

If rats are on the sire it is a public heath issue and the Council's Pest Control Unit should be informed: http://www.hounslow.gov.uk/pest_controlI reported the collapsed metal bollard that was a hazard to pedestrians to the Council and they took prompt and effective action.Passing the Tesco site this evening I noticed that the refuse bin had been emptied - hopefully not by the rats.JL

Jim Linwood ● 5867d

We see Rats EVERY day at the back aswell...If anyone gets any pics and can send them to my email address would apreciate it.simon_anderson1973@yahoo.co.uk

Simon Anderson ● 5868d

Maybe someone with a deft hand with a camera should take a picture of the rats I saw all over the place when I walked past in the small hours last week. And get the tesco sign in too. I won't go in there again Ugh!Then send it or post it.That will get a response I'm sure!

Anthony Waller ● 5868d

Really Mr Williams hasn't replied to me since Yesterday when he asked if we could meet up this week i replied back to ask when and if the Councilor could attend (i always copie Cllr Hardy and Caroline Andrews in on my email - His Replies Don't) but i have had no reply to this email or the 3 others after.

Simon Anderson ● 5868d

Bearing in mind that this does not affect me at all and I am not involved, I have just telephoned Angela Gorrie and given some explanation as to Cllr Caroline Andrews and Cllr Jon Hardy's status in the Borough.  I think they will receive replies now.

Sarah Felstead ● 5868d

After Closing the store the bin was Never emptied How lazy are the Staff.Another DHL delivery at 1230am again last night.

Simon Anderson ● 5868d

Jim we get it all the time out there. All the rubbish from the bin is now (as u know) scattered over the Forecourt.Tesco just don't seem to Care.I have emailed the Photos to the Area Manager.

Simon Anderson ● 5868d

What a coincidence. I've just come back from there (passing by, not shopping) and was going to post again about this on-going problem.As the refuse contains food waste this is a matter for the Health Inspector.JL.

Jim Linwood ● 5868d

Simon Anderson ● 5868d

Simon Anderson ● 5868d

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Simon Anderson ● 5868d

Simon Anderson ● 5868d

Just Been Downstairs and More trolleys been put outside the Store (on their property) some Full of Old Cardboard Boxes which are so high that they Block the Blue Signs stating 20min Waiting time only (even though Tesco Never enforce this rule)One Trolley cage in on its side which means card will fly out of it soon.

Simon Anderson ● 5869d

Hi JohnYes i am NOT very impressed with him either. Ive Sent him 3 Email as Follows:1st Email outlined ALL of our issues with the store.NO REPLY2nd Email was about the Delivery of Mags at 1225am this Morning.Emailed Back which i have posted on here earlier, in the email he has not commented on any off our Issues in the First email.3rd Email was a reply to his email informing him he has never sent me a plan of action, asked for that. I also asked why he has NOT commented on issues i have Raised (inc the Grey pipe)NO REPLYTesco have NO respect for us Residents in my eyes Just Money.

Simon Anderson ● 5869d

I Have just spoken to Mr Craig Williams - not impressed with his attitude - and advised him that delivieries outside 8am-8pm were abreach of the planning obligation attendent on the planning permission for this store.  He could not promise to stop the deliveries - he does not have the authority -  so I asked him to pass this on up to the person who could.  In the meantime I warned him again that futher deliveries in breach of the 8am-8pm window would be treated very seriously.Jon HardyCllr for Syon

Jon Hardy ● 5869d

After 2 LONG emails to Mr Williams this ALL I got back from him. I have emailed to ask what the Plan is and ive not had a reply yet.Mr Anderson, Further to your last email, I believe that you were sent a plan of what we were going to do to reduce the issues that you raised.News and Mags are delivered across the whole of the Hounslow Borough and the country in the middle of the night, so that people can buy their papers first thing in the morning. It is very unlikely that this is going to change. What I will do is speak to the suppliers to ensure that they deliver as quietly and considerately as possible.I cannot comment on specific conversations that have taken place between yourself and staff at the Isleworth store. I will speak to the store manager to address your concerns with Yoel. RegardsCraig Williams Express Operations Manager Group 208 Tel 07545 717886 Email Craig.Williams@UK.Tesco.Com

Simon Anderson ● 5869d

PS...As to the Staff Member who Laughed in my Face, Rude and arrogant towards me the Area manager WONT discuss this with me he is going to Speak to the Store Manager thats it customer makes a complaint the Area Manager wont Discuss it with you.

Simon Anderson ● 5869d

I am VERY impressed that Tesco have taken Action on a couple issues.firstly the trolleys at back are mostly all Gone and are Stairs/Wall has been kept clear for well over a week now.Secondly they have now Chained up the Gate to there bin.Well Done tesco only have to deal with the rest of the Issues now.I do find we are getting no Help from the Area Manager who has sent me just 1 email to my 3 (and when he has emailed me he hasn't copied Cllr Caroline Andrews in, and he hasn't replied to her Email either) Email to Follow

Simon Anderson ● 5869d

Last night at 1225am a White Van pulled up downstairs outside Tesco. A Asian Gent climbed out slammed his Door, he was wearing a DHL Jacket, opened his Side Door (loudly) and started to scan several Grey Plastic Boxes then THROW them on the floor Nr tesco Door (which was very Noise) whilst there he had Asian Music playing Loudly out of the Van and his Engine running.This is NOT the first time TESCO has had a white Van with DHL Delivering or picking up these Grey Plastic Boxes (must be Magazines inside) and they always turn up around 1230am this is not supposed to be as its before 8am and after 8pm.The other week this happened i spoke to a Guy called "Youel" who  works in the store who was Rude to me, and he called me a Liar about these Deliveries and they Don't Happen so i must be Seeing things.

Simon Anderson ● 5869d

Last night at 1225am a White Van pulled up downstairs outside Tesco. A Asian Gent climbed out slammed his Door, he was wearing a DHL Jacket, opened his Side Door (loudly) and started to scan several Grey Plastic Boxes then THROW them on the floor Nr tesco Door (which was very Noise) whilst there he had Asian Music playing Loudly out of the Van and his Engine running.This is NOT the first time TESCO has had a white Van with DHL Delivering or picking up these Grey Plastic Boxes (must be Magazines inside) and they always turn up around 1230am this is not supposed to be as its before 8am and after 8pm.The other week this happened i spoke to a Guy called "Youel" who  works in the store who was Rude to me, and he called me a Liar about these Deliveries and they Don't Happen so i must be Seeing things.

Simon Anderson ● 5869d

SarahI have sent the Gentleman a Email and Copied Cllr Caroline Andrews and Hardy into my Email.Ive Listed the Problems individually and a solution to get it sorted i will keep you updated on any Replies and thank you again for all your Work in this matter its Fully appreciated x

Simon Anderson ● 5871d

Hi SarahThank you for this thats great.I sent my Letters to Head office but to be honest there is about 3 diffrent ones up and down the Country so probably sent it to the wrong one but i will Email Mr Williams and Copy in the CouncilorsThanks Sarah x

Simon Anderson ● 5871d

Hi SarahThank you for this thats great.I sent my Letters to Head office but to be honest there is about 3 diffrent ones up and down the Country so probably sent it to the wrong one but i will Email Mr Williams and Copy in the CouncilorsThanks Sarah x

Simon Anderson ● 5871d

Simon - Angela has just rung me (from work on a Sunday)to give me the contact details for the Express Operations Manager.  His name is Craig Williams and she says he is very happy to liaise with the residents to see what can be sorted out.He was not aware of any of the issues you have detailed so you probably need to start from scratch and maybe get a Councillor to help you along the way.I have pm'd you with his e-mail and phone number.Let us know how you get on!

Sarah Felstead ● 5871d

Nice one Sarah.

Simon Anderson ● 5872d

Dear Ms FelsteadFurther to our conversation, I can confirm that I have contacted our Area Express Operations Manager to obtain the details of an individual to act as a point of contact with the residents.Please be assured that I will forward this information to you as soon as I receive it. Kind RegardsAngela GorrieCustomer Service Executive

Sarah Felstead ● 5872d

Hi SarahRestrictions are on Deliveries to the store NOT Rubbish Collections.We residents have issues with the Noise that the Lorries make in the mornings, and the Drivers and Staff Shouting to each other.The other issue is that staff begin to bring around from the back to the Front the Empty Steel Trolleys which make so much Noise, we as residents would appreciate it if they Didn't bring them around till after 8am when they are allowed Deliveries.The other major issues we have are:1. The Large car pk out back, the first half belongs to tesco for Their staff and Customers but we get people parking in our Car Pk to shop in tesco, also at present we have had a old Motor Bike chained to the trolleys by OUR stairsWe would Like tesco maybe to Fund 2 Posts to go up and a chain to go across so we can Lock the chain to Prevent THEIR customers entering OUR car Park.2. Litter at Back.We find our Car Park is getting lots of Litter and we residents are having to go down to clean it up it would be Nice if Tesco Staff could help.3. PIPE in our Building.Inside our Black door on the Ceiling there is a Grey Pipe, which runs into tesco we have now got Damp on our Ceiling.Residents were never Consulted about this pipe and we want to Know where Tesco got Permission from to Do this.Simon

Simon Anderson ● 5873d

Hello Simon - I spoke to Angela a second time as my cable e-mail is playing up - and got the impression that her job was to discuss the issues with the right person and pass the information along.  I think you need to seek out the name of the Area Express Operations Manager and speak to him.  I have asked if I can have this, for you.This might be the perfect opportunity for your local Councillor to give you and hand in speaking to them to negotiate a resolution.One thing Angela did say was that it is the Council who pick up the rubbish at 4.30am or thereabouts.  You say that the Council placed restrictive times on the operation at the site attached to planning conditions, because of residents, yet there would not be any waste at the site to pick up if the planning had not gone through.Surely waste pick up is as important as deliveries to the residents when being considered by the planners?

Sarah Felstead ● 5873d

This Is Great Sarah do you have a email Address as off Yet for this lady please that you can PM meThanks for all you Done.

Simon Anderson ● 5873d

Dear Ms FelsteadFurther to our conversation, I can confirm the action our Area Express Operations Manager is going to take as a matter of urgency to improve the situation for residents surrounding our Isleworth Express store.We understand that customers parking outside residents’ doors are an issue and will arrange for signs to be placed in this area asking our customers to park elsewhere. Staff will make every possible effort to enforce this.At present we are liaising with our Distribution Centre and suppliers to prevent early deliveries. This presents a particular challenge for our newspaper deliveries however we will do all we can do prevent the disruption this causes.I appreciate your concerns about items being taken form our bin. Regrettably it is impossible to lock this area during the night as the rubbish is uplifted at 4.30am. To prevent disruption, we will ensure this area is locked from 6am to 11pm each day. Under no circumstances should wasted bakery products ever be left exposed. From now on these will be placed in the bin and not on a dolly beside it.Having viewed an image of the store, I can see that a large area is being taken up by the cages we use to transport our products. We will seek to store these inside and if not possible, will collapse them so they take up a smaller area.Please be assured that it is never our intention to upset residents who live near our stores. I hope the above information will give you some assurance that we will do everything possible to minimise disruption.Kind RegardsAngela GorrieCustomer Service Executive

Sarah Felstead ● 5873d

Hi SarahThank you so much for this thats GREAT news, i got your email and i will Email Angela with the Residents Issues and some more Photos for her to Look at.I hope they will do something about this as we feel that the staff in our Tesco express are Very Rude especially "Youle" who when i was talking to him about our issues Laughed, Called me a Liar and walked away.Thanks Again Sarah x

Simon Anderson ● 5874d

Simon I had a telephone call from Angela to say that they have read the thread; looked at the photos and google earth and listened to your comments and they agree there is quite a lot they can help you with.  They have divided it into some things which can be done straight away (such as putting up a sign to say no parking and asking their staff to help enforce this) and things which will take some more discussion.  Angela is going to send me an e-mail to outline what they can do and when I get that, I will let you see it.I have pm'd you with Angela's contact phone number in case you prefer to speak to her directly.  Well done Angela.

Sarah Felstead ● 5874d

Yes But Tesco are NOT to receive Deliveries till after 8am and before 8pm.Newspapers are a Delivery.What is the point in the council submitting a license stating NO deliveries till after 8am if Tesco can receive a Newspaper delivery around 6am??PS Been told tonight the Pub next door is Closed (not sure why)

Simon Anderson ● 5874d

Newspapers do tend to be delivered early, otherwise they're tomorrow's chip paper.

Colin Murphy ● 5875d

Thanks Sarah i appreciate that.I wanted to update you all that the Metal Bollard has now Been Fixed.They are Still Receiving Newspaper Deliveries around 6am.Last night the Bin was overflowing AGAIN with litter all over the Forecourt (which will be Reported to the Landowner)I have Now Put up a LARGE yellow "No Parking" sign by our Door its a little bit better but we get the odd few who ignore it.I wrote to Head office again (2nd Time) last Monday about the Following Issues: Trolleys, Deliveries, Litter, Gate which needs Padlock, Bread placed at Back in Small Trolley but had no Reply as to Date.The only thing that has been getting Better is the Kids hanging around outside the shop in The Mornings Screaming, Shouting and Swearing i have been in constant Contact with the Deputy at the Green School and a Teacher at Syon and Most mornings they come up and move the Children on so its Getting Better regarding the Kids.Mind u a Few issues with the Pub lot of Youngsters in side, coming out Arguing and Fighting.

Simon Anderson ● 5875d

Simon I have taken the liberty of ringing Tescos Head office and spoken to an Angela Gorrie who is going to pass this forums (and the threads) details on to their Corporate responsibility section.  I quoted the section on their main web site about community responsibility.http://www.tescoplc.com/plc/corporate_responsibility_09/community/

Sarah Felstead ● 5875d

ha ha ha ha...lol...god thats soooooooooooooooo funnnyyyy

Simon Anderson ● 5875d

You should write to your MP...

Colin Murphy ● 5875d

Ive Found out who owns the Land his Name is Mr Thompson he also owns Marlborough Car Show room on London Rd.Going to sit Down later and write to him.Tesco have stopped putting Trolleys by our Stairs Now but in its place a old Moped which is chained to the trolleys.

Simon Anderson ● 5875d

Simon Anderson ● 5876d

[url=http://www.imagehosting.com/][img]http://img406.imageshack.us/img406/4913/tesco2009002.jpg[/img][/url]As u can See they are on our Side of Car Pk and they Dont Care.

Simon Anderson ● 5876d

Worth reporting to the police as suspicious ? theft ?Doesn't sound like a normal delivery/pick-up.Might be worth mentioning it to the local neighbourhood team and they could check it out with Tesco.Is this anything like a normal event at Tesco, London Road ?

Tim Henderson ● 5887d

2 days ago i placed a Poster on the Wall next to our stairs at the Back saying keep this area Clear at all times (as this is our Land) tesco have ignored it and placed Trolleys there still.This Morning at 0025 we herd loads of Banging downstairs i looked out window and saw a white Merc Van parked outside Tesco and a Man wearing a DHL yellow Jacket take Plastic boxes from outside the shop, and threw them into his Lorry though there were about 40 Boxes he only took a few, some of the boxes he dropped and all the contents fell out but he did not pick it up he just Drove off leaving a Huge Mess.A Delivery/Pick up way after 8pm and Before 8am Tesco Just Don't Care.

Simon Anderson ● 5888d

I went into Tesco just Now to speak with the Manager he was not there so spoke to a Customer Assistant called "yoel"This Guy called us Residents a Liar and was VERY ignorant and rude and walked away when i was talking to him.I told him the terms of tesco delivery License by LBH is no deliveries before 8am or after 8pm the reason NOISE to Neighbors.He stated no deliveries are done before 8am i said to him the other morning a Large white Van pulled up just before 7am and they unloaded several large steel trolleys of Bread..he called me a Liar.I then said the steel trolleys should NOT be dragged from the back to the front till after 8am as its noise he grinned at me.I then said that every morning at 6am they get a newspaper delivery he said they need the papers for when they open at 7am i reminded him this was a delivery and was not to happen till after 8am he disagreed.I pulled him about the over flowing bin outside and rubbish and suggested that the stuff keep an eye on it he looked like he wasn't bothered.I then pulled him about the steel trolleys at back nr our stairs he didn't want to know, before i could discuss the Bin at the side and the Bakery items thrown at back he walked awayTypical attitude from Tesco.

Simon Anderson ● 5893d

Keep copies of your log, Simon.

Sarah Felstead ● 5893d

As I explained before Simon the only way the Council can enforce this breach of condition is via a Breach of Condition Notice (BCN).  Presumably the log you have been keeping is fairly detailed now so if I were you I'd sent it back to the enforcement team and then they should act - well at least serve a BCN, although as I've explained before even once the BCN is served it can't come into effect for 28 days, so unfortunately, at least under planning legislation, the problem won't go away quickly.

Adam Beamish ● 5894d

Another Morning and another day Tesco Break the Councils License Agreement.This morning at 0655 a White Truck arrived to deliver Bread in big steel trolleys there were alot of Banging for 25mins.So again Tesco DON'T care about the terms of the License by Hounslow Council its about time the Council visited this shop and lay it on the line to them this is NOT fair on us Residents to have to put up with this.

Simon Anderson ● 5894d

This is the Address of Showroom ive checked Companies House the Owners Name is NOT listed how could i find out?Name & Registered Office:MARLBOROUGH ISLEWORTH MOTORS LIMITED396-414 LONDON ROAD ISLEWORTH MIDDLESEX TW7 5AG Company No. 04865296

Simon Anderson ● 5896d

Hi SarahFirstly thank you for your Kind Wishes for my Marriage i cant wait it very stressful though as the Pub i am supposed to have the Reception and do the catering are being Difficult now and not sure if its going to happen so we are getting very Nervous now.Anyway ive Found out the Owner of the Land owns Marlborough Cars on London Rd so i am trying to find his Name so i can write to him, i know Residents have spoken to him in the past and he wasn't helpful but i will try

Simon Anderson ● 5896d

Tesco makes delivery times later...........................in Devon !It can happen."The chief executive of Tesco has promised to change the delivery times at one of its Devon stores to help reduce rush-hour congestion"http://news.bbc.co.uk/1/hi/england/devon/8104745.stm

Tim Henderson ● 5896d

Simon, a thought.  'Apparently' is never much good in negotiations - you can easily be misled.How about finding out the owners name and asking to have a conversation about the forecourt, having introduced yourself and giving your interest/status as having just moved in.You can then take it from there and make your own judgements.By the way, all the best for your wedding.

Sarah Felstead ● 5896d

The Guy who owns Marlbourough Car Show Room on London Rd just up the Rd from Tesco owns the Land etc.Aparently he is very un helpful. I am trying to find out his name so i can put things in writting to him so if anyone knows his name please let me know.Trolleys at Back: everytime we residents move them away from our stairs they move them back its disgusting they just don't care.

Simon Anderson ● 5896d

I visited the Tesco shop yesterday evening at 8.30pm.The litter bin near the door was overflowing and the forecourt strewn with rubbish - some of it food waste.The collapsed metal bollard is still there and an hazard to pedestrians - particularly ones with poor eyesight. I have reported this to the Council who promised action.Haphazard car parking - it seems to have become the local car park.I don't think I'll shop there anymore...JL

Jim Linwood ● 5896d

Thought So Tim..Thanks

Simon Anderson ● 5902d

My guess is a bulk newspaper delivery by van is a delivery.Wheeling trolleys from the back to the front wouldn't count as a delivery in my book.

Tim Henderson ● 5903d

Ok. If Tesco are NOT allowed to Receive Deliveries till after 8am does this include Newspaper Deliveries as they come well before 6am this morning it was 5am, they open and close their back doors very noisily then threw bundles of the old papers in their Van, shouting sometimes.Then at around 7am Tesco Staff were bringing the Large Steel Trolleys from the Back to the Front, i don't know how many know this but they rattle and really Noisy plus the Staff shout at each other.At Least the Green School is doing something for us Residents after i complained before Half term about the Noise their girls make it went Quiet until Monday and Tuesday Morning Screaming, Shouting and the Language so after i contacted the Deputy Head yesterday the Girls were shouting this morning and warned by the Syon SNT to keep it down or they would be moved on, they didn't listen and were Moved.So Thanks to the Syon SNT and the Deputy Head of the Green School my only wish is that Tesco followed their example.

Simon Anderson ● 5903d

Many thanks - so I can ask him about my bike racks too !(although I still don't know who the shadowy freeholder who manages the parking in the forecourt is.)

Tim Henderson ● 5903d

The normal procedure for enforcing planning conditions is by way of what is (highly originally) known as a Breach of Condition Notice (BCN) under Section 187 of the T&CP Act 1990 (as amended in 1991).In simple terms, if the Council consider that a condition imposed upon the granting of a planning permission is being breached, then it serves a BCN.  Once  the BCN has been served the Council has to, by law, give a period of at least 28 days before the BCN takes effect.  This period is because unlike most statutory planning notices there is no right of appeal to the Secretary of State, the notice can only be challenged through the courts on a legal technicality etc.Once the BCN takes effect, the recipient is then committing a criminal offence if there is any further non-compliance with the BCN.  The maximum fine, upon summary conviction in a magistrates court, for non-compliance with a BCN, is Level 3 on the standard scale (used to be £1000, is now £2500).BCN's aren't exactly the most effective weapon in the planning armoury, they are fine for dealing with minor issues like the lack of obscure glazing in a residential extension, but not the more major breaches.  The 28 days before they can take effect is also a major problem, as I've mentioned on here before I never understand why Councils impose conditions on planning permissions relating to hours of construction, because the BCN powers are totally useless in this regard, even when a notice is served a recipient could work 24/7 and under planning legislation there's nothing the Council could do for that 28 days (hence why such matters are usually dealt with by the Environmental Protection legislation).Simon should be talking to my successor, Gerard McCormack, who's the Principal Planning Enforcement Officer at LBH - I suspect Councillor Hardy has already spoken with Gerard about this.

Adam Beamish ● 5903d

Adam, thanks for posting the link to the appeal decision on extending the delivery times.How does Simon go about enforcing the planning conditions on Tesco ?Is there a commercial equivalent of an ASBO which gives the company a slap on the wrist while warning them of more severe consequences if they do it again ?I would agree that following the succession of applications, refusals and appeal, they would be unlikely to be successful.(Interesting that the history doesn't apply to the betting office - if I've read it correctly. I wonder if they could take in the Sunday papers and then smuggle them next door !)----------------------------------------------------Extracts from decsion notice:The condition in dispute is No 3 which states that: No deliveries shall be taken at ordespatched from the site outside the hours of 8am to 8pm nor at any time on Sundays,Bank or Public Holidays.Decision1. I dismiss the appeal.17. During my morning site visit I witnessed a delivery to the store. The vehiclearrived around 0750 and parked in front of the store with its engine switchedoff. Unloading of the delivery began just before 0800. Metal cages with goodswere put onto the tailgate and lowered to ground level. Empty cages or cages with waste were loaded onto the lorry for removal. The delivery lorry left ataround 0830. I observed the delivery from the corner of London Road andTeesdale Avenue, outside Milestone Court. I was able to clearly hear the noiseof the tailgate being raised and lowered and the rattle of the delivery cages asthey were moved from the delivery lorry into or out of the store, above thetraffic noise on London Road.19. The owner of Flat 5 Teesdale Court stated that the delivery noise could beheard within that flat, which is towards the western end of the block. In myview, due to the proximity of delivery lorries to the front elevation of thebuilding, the movement of the tailgate and metal cages being delivered andtaken from the store is also likely to be audible within the residential unitsdirectly above the parade of shops, even with their windows closed. Whenwindows to the flats are open the noise and disturbance experienced would begreater. The extension of delivery hours on Mondays to Saturdays wouldincrease the time when occupiers of Teesdale Court were disturbed bydeliveries, which would harm their living conditions.21. I therefore find that the proposals would harm the living conditions of theoccupiers of Teesdale Court. This would be contrary to the objectives ofPolicies ENV.B.1.1 and ENV.P.1.5 of the Hounslow Unitary Development Plan2003 which seek to protect the amenity of adjacent occupiers.

Tim Henderson ● 5903d

I have Noticed that..

Simon Anderson ● 5904d

I don't think anyone has mentioned or noticed the collapsed metal bollard from within the Tesco site that for over a month has been lying on the pavement in Teesdale Avenue and is an obstruction to pedestrians.I have just reported it to the Council.JL

Jim Linwood ● 5904d

But there's no application for extended delivery hours for them to object to Simon !?!.Tim & I both make reference to a previous application to extend the delivery times, which as I indicated was refused by the Council and an appeal subsequently lodged to the Planning Inspectorate (on behalf of the Secretary of State).  This appeal was dismissed in June 2008, and a copy of the decision notice is available at this link :http://www.pcs.planningportal.gov.uk/pcsportal/fscdav/READONLY?OBJ=COO.2036.300.2.10899540&NAME=/Decision.pdfAdam

Adam Beamish ● 5904d

Well I hope our Councillors will Object it

Simon Anderson ● 5904d

Simon,I think it's unlikely that Tesco will submit an application to vary their delivery hours from those originally approved - they have already done so a couple of years back and the Council refused the application and that decision was supported by the Secretary of State at appeal.Adam

Adam Beamish ● 5904d

TimI feel Residents will NOT agree to the 730am time as its the most biggest nightmare for the residents up here especially the ones who sleep above where the lorries park.I don't think they will object to Rear deliveries though.I did here some noise this morning but..every morning around 5 or 6ish we here a van turn up doing newspapers so i probably thought it was that again.Can i ask Councilors who sit on Planning if we residents will be given a chance to vote against earlier deliveries please?I feel Tim Residents wont AGREE to anything with Tesco because of the way Tesco have treated them over the years they are just fed up now 2 off my Neighbors feel they should close the store down as it is to much trouble.I also doubt a couple disabled bays will work as other drivers will still park in those spaces like they do in front of our Door even though there is a Sign and Tape there.

Simon Anderson ● 5908d

I didn't mention in my posting of excerpts from the Jan 2006 planning decision the restriction on unloading times (no deliveries before 8am). I was reminded of this as I hoiked my bike onto the wall to lock it to the stair railings at 7.24am this morning (after voting) and the British Bakeries lorry pulled up at my back!Thanks to Adam for pointing out the subsequent application dealt with at the November 2006 IBAC Planning meeting. That sought to change the delivery point from the roller shutter doors in the back of the store to the front door and in so doing it removed 7 car parking spaces. The application also sought to extend the delivery term an hour earlier to 7am.The officer's report suggested agreeing the application - but my reading of the minutes is that Phil Andrews argued against changing the conditions on delivery time and Matt Harmer suggested splitting the application, allowing the front door delivery but refusing the extended times.It appears that the front forecourt area is within the curtilage of the development appplication - but presumably it is meant to be managed by the shadowy unknown freeholder rather than Tesco, who only have one of the four units.What sanctions are able to be exercised against the shadow ?If the conditions are not met, can the council enforce that deliveries revert to the back of the store ?And how can I get the shadow to provide six bike parking stands and two disabled car parking bays ?I hope Simon added this morning's bread van to his diary of out-of-hours deliveries (and if he has a moment to pop down to the Civic Centre in office hours and see if he can get a glance at the application drawings ? Boreham's Drawing No 205232/6/A ? I'd be interested in how the scheme (and the bike park) was supposed to work).Tesco appear to have put in several more recent applications for extended hours deliveries and it seems something they are keen to get legally. (The planning index seems to indicate that they may have appealed against the Council's refusal but I couldn't see a record of the appeal result.) I wonder what the chances are of Simon and the tenants negotiating a decent outcome where they trade a modest extension in delivery times (7.30 ?) in exchange for proper signage for proper car parking spaces, protection of the front door, a bike park for me and .............The agenda report included :4.5 It is now proposed that servicing vehicles will utilise the two existing crossovers adjacent to the London Road frontage and deliver to the front of the shops. An existingcrossover would be closed. A row of five car parking spaces on the frontage would be created to allow a delivery vehicle to access the service road and exit in a forwardmanner. A one-way system would be implemented. The reduction in the frontage parking would reduce the overall number of parking spaces for the four units from 30 to 23. Two spaces for people with disabilities and six cycle parking spaces are to be provided. 7.4 UDP parking standards would require 14 spaces plus loading and unloading space for the four retail units and there would be 23 spaces provided on the overall site. Themajority of the spaces are now proposed to the rear with a reduction in the number on the frontage that would alleviate noise and disturbance to residents living above. Cycle parking would be provided. Minutes:Members were informed that there were 12 flats above the application site and that the rear of the site would be laid out for parking, but that only part of this had been completed to date. The Planning Department had also requested that the existing “Tesco Only Parking” sign be removed. Referring to the addendum report Cathy Gallagher confirmed that there was no evidence of that vehicle deliveries had been made out of hours in the past.Councillor Reid drew attention to photographs submitted by a local resident, showing a large Tesco delivery van, the top of which was level with residents’ windows on the upper floors. Councillor Hibbs agreed that this sized delivery van seemed excessively large for such a small store. Cathy Gallagher suggested that any restriction on the size of the delivery van would only be governed by the size of the available parking/ loading space and was outside the planning remit.Councillor P. Andrews proposed refusal of the officer’s recommendation, on grounds that the original conditions had been imposed to protect residents and Tesco had not demonstrated to date that it could mitigate the impact on residents. Councillor Harmer requested a separation of the two variation requests, supporting refusal of the variation to Condition 3 and moving approval of Condition 6, which members supported.  Resolved:That the variation of Condition 3 of planning permission 00707/317-331/P2 (change of use from car dealership to 4 x A1 retail units) to allow for the relaxation of hours of servicing to allow deliveries between 7.00 and 20.00 Monday to Saturday and 10.00 and 16.00 on Sundays and Bank Holidays be refused, on grounds that it would lead to intensification of activity and further impact on local residents. That the variation of Condition 6 of planning permission 00707/317-331/P2 (change of use from car dealership to 4 x A1 retail units) to allow the loading, unloading and turning and parking spaces to be laid out without accordance with the approved servicing and parking plan be approved, subject to the completion of the parking layout to the rear of the building and the removal of the “Tescos Only Parking” sign.

Tim Henderson ● 5908d

Ohhh how right you are mate

Simon Anderson ● 5909d

This is a dreadful shop

Simon Groves ● 5909d

Hi AdamNo Offence Taken mate.I understand what you have said.I think the land is owned by the Guy who had the Car Showv room downstairs years ago and now owns the first Car Showroom on the opposite side of the Rising son pub.I am in a privately owned flat not owned by the Council.Simon

Simon Anderson ● 5909d

Simon,You really need to check (or get the freeholders to check) what the deeds and covenants relating to the forecourt area say, this is entirely a civil matter and potentially you may have actually been breaching the deeds and covenants by acting as you did.The padlock on the gate isn't a planning matter but I'd have thought Tesco would at least want a latch on the gate.Rather than bleating on here, and I don't mean that in a disrespectful way, you should either be pursuing private legal advice yourself or getting the freeholder (am I right in thinking you're a Council tenant ? - so it should be the Housing Dept of the Council) to do so.

Adam Beamish ● 5909d

Last night i placed some "No Parking" Tape on the floor outside the Door in a Box Shape with a cross threw it.Within 30mins someone parked over it.As to the Bin at the side of the Property last night the gate was wide open AGAIN surely this gate should be padlocked to prevent Kids and others going in there to the Bins the other week a guy was in there doing a wee.

Simon Anderson ● 5909d

Just to add, having just read through the email Simon got from the Senior Planning Officer, I note that the email makes no reference to any details being submitted in respect of Condition 4 (recycling) or Condition 7(cycle parking) as imposed upon the P2 application when it was approved.Maybe this is because those particular issues weren't raised in Simon's original email, but now may be a good time to ask about them.

Adam Beamish ● 5909d

Tim/Simon/all,Interesting points.  Looking at Hounslow's online planning history this shows that in October 2006 permission was granted for a new shopfront, ATM and external ramp (ref. 00707/317-331/P5) and then in November 2006 the Council granted permission (ref. 00707/317-331/P6) for the requirements of condition 6 imposed upon the granting of the original P2 permission, relating to car parking, turning area etc, to be revised in accordance with a newly submitted drawing.What I'm not clear on is whether, as required by Condition 4 (recycling details) and Condition 7 (cycle parking) of the original P2 permission, details to satisfy either condition were ever submitted and approved in writing by the Council.They don't come up on the postcode planning search via Hounslow's website, despite the other applications I refer to above appearing.  There could be a simple explanation, as not every Council treats (or treated back in 2006) applications to discharge details required to satisfy a condition as a fresh application, or alternatively it could be that, given the fact the Council's planning history service has only recently gone online, as yet details relating to conditions discharges haven't been uploaded onto the website.The only way to know for sure there is to visit the Council offices and ask to see the relevant files and planning decision notices.Re. the parking blocking Simon's entrance, that is I believe outside the curtilage of the application site, so there's no way of Tesco controlling that particular area, hence why it can't be covered by planning controls.  If the cars aren't trespassing on land, the only legal breach I can imagine existing would be something in the deeds and covenants that requires the occupiers of the flats to have unimpeded access to their properties, but that would be controlled via civil legislation, not by the Council.Adam

Adam Beamish ● 5909d

Thank you for your contribution, George.Moving on,I finally got a chance to look at the IBAC meeting where the application was granted.Thursday, 19 January 2006 7:30 pm, Isleworth and Brentford Area Committee (Planning)It was before Jon Hardy's time, but Phil Andrews was at the meeting.http://democraticservices.hounslow.gov.uk/Published/C00000236/M00002971/AI00022739/$317331LondonRoad.docA.ps.pdfcontains the officer's report.Extracts include:7.9 An existing enclosed rubbish area in the rear parking area would be retained and acondition would be imposed requiring the provision of recycling facilities. It is notconsidered that the disposal of rubbish would harm neighbours living conditions.Parking and access7.8 UDP parking standards would require 14 spaces plus loading and unloading space andthere are currently 30 spaces provided on the site. A condition requiring cycle parkingprovision would be imposed.7. Before the development commences details of cycle parking shall besubmitted to and approved by the Local Planning Authority and the spacesshown on the approved drawing shall be available for use before firstoccupation of any part of the developmentREASON: G2The meeting minutes record :Members were assured that the applicant would be required to resubmit a formal request to the Council, should any future requests for changes of use be necessary.  It was also confirmed that the management of the on site car parking facilities would be the responsibility of the site owner.  Members noted support for the application, particularly in light of the efforts made to market the site (4.2 of the report) and the available public transport links. Resolved:That the application number (00707/317-331/P2) (P/2005/1970) for the change of use from car dealership to four A1 retail units be approved, subject to the conditions in the report.--------------------------------------------------------So my questions would be:What happened to the cycle parking ?What was agreed  and where is it ?andWho on earth is the site-owner who is responsible for the management of the car parking ? And shouldn't he be doing something to prevent the cars blocking Simon's entrance ?

Tim Henderson ● 5909d

will do

Simon Anderson ● 5910d

Probably foxes as there is a 'coven' of them (is that the correct collective noun?) in our parts.  Can you forward the pics to me?

Jon Hardy ● 5910d

JonToday there were 3 or 4 white clear bags of Rolls etc today at the Back of Tesco on the Floor with the Bags ripped open probably by Birds or Rats took Photos.

Simon Anderson ● 5911d

Tell you what - get a job, pay your own rent and then you can live where you want.

George Brooks ● 5911d

Clo i agree with you it was the parents fault as i was watching.But there are cars parked everywhere down there and can be dangerous sometimes not just for Children but us Adults aswell.

Simon Anderson ● 5912d

Not the drivers fault Im afraid - the parent has a responsibility to watch their children, which they obviously were not doing.

Clo Ryan ● 5912d

Well it's a civil matter I'm afraid Simon - when you say owners, do you mean leaseholders or freeholders ?.  Not a planning issue either way for the reasons I've outlined but perhaps Tesco did notify/obtain consent from the freeholder of all the flats re. the pipe ?.

Adam Beamish ● 5912d

Its So Dangerous out the front that a little girl just ran in front of a car down there just now she is ok just a little knock but in a minute someone will be Killed out there

Simon Anderson ● 5912d

Ive Spoken to ALL owners of the Flats including one gentleman who has been her 11ys no one was asked Permission to do it.1 previous owner went to Tesco but got no Reply.Last night i was in the car Park taking some Boxes from the steel Trolley for my Mother in law when 2 guys came out of Tesco (1 who was the manager) saying i was on Private property...How ironic that they take that attitude regarding THEIR land but wont do anything to put the issues we have correct

Simon Anderson ● 5912d

Simon,To put something on someone else's property you'd require their formal consent/agreement under civil law (otherwise it would be trespass) but that is wholly separate to planning legislation, and the legislation is quite clear that for something like a pipe wouldn't constitute development as defined within the national planning legislation.Adam

Adam Beamish ● 5912d

Thanks for your reply, Adam.Simon, your landlord might have given permission?Does Hounslow have a mediation service which might help Simon negotiate with Tesco?

Sarah Felstead ● 5912d

i thought u neded planning permission to place a pipe onto someone elses property or permission from the resident/s

Simon Anderson ● 5912d

About the landscaping, from what I read of the original report of the Planning Officer to committee, it confirms that the forecourt is not in Tesco's ownership, hence why the Council was unable (in law) to impose any conditions relating to landscaping etc (it would be like me getting planning permission for an extension subject to a condition that required me to plant some trees on someone else's land whether they wanted the trees or not).Really, other than the delivery issue, this is a civil matter between the residents, Tesco and the freeholders of the land concerned.Re. the delivery issue, the Council can enforce by way of a Breach of Condition Notice.  Not the most powerful piece of ammunition in an Enforcement's Officer weapons collection - if such a Notice is served it cannot take effect for at least 28 days, so for 28 days the planning system can't do anything, even if the Notice has been served.  After the 28 days, if there's evidence that the hours are still being breached, then the landowner can be taken to court, although the fines are fairly small.Old petrol stations turning into car washes is a problem across the country - in planning terms it's slightly questionable whether it amounts to a change of use, and even if it does Councils are hard pressed to refuse applications as its hard to argue what increase in harm is generated by the use of a site as a car wash compared to a petrol station.  Of course, residents stop complaining about the car wash when a developer dares to submit an application for residential development on the site !.Technically the adverts will probably require express consent, assuming they don't relate to the car wash.

Adam Beamish ● 5912d

The pipe almost certainly won't constitute development under Section 55(2) of the Town and Country Planning Act 1990 (as amended), so therefore will be outside planning controls in the same way drainpipes, gutters etc. fall outside planning control.Will have to have a reread before posting re. the landscaping etc.Absolutely no chance of you getting the planning permission revoked though.

Adam Beamish ● 5912d

Thanks Jon

Simon Anderson ● 5912d

Yes, I am looking into this further with the enforcement officer and will come back to you when I have something concrete.Cheers

Jon Hardy ● 5912d

JonSometimes those trolleys are in front of the Stairs.There is 2 sections of the Car Pk at Back the first part u drive in is Tesco, the second part (with Gravel) is ours and if u look the trolleys are parked in our part not to mention as you say they are a eyesore.No bread yet but i check every day, Still no Padlock on the Gate to their Bin at the side of the Building, Last night the gate was fully open this gate should be padlocked.As to the Front i feel Tesco will only care when one of us get hit by a car.As you can see in the enforcement officers letter Tesco do own the front and it disgusts me they say they don't.As to the Pipe nothing has been said or Done about this issue Jon.

Simon Anderson ● 5912d

Yes I saw the trolleys there when I went passed (I stopped to take pics of the trucks delivering this morning -  made a point of telling the drivers that - since they weren't across your doorway - such action was appreciated: carrot and stick.The trolleys weren't actually obstructing the stairs but I can see how they could and they are unsightly: no sign of decaying bread this morning but I will be vigilant.The issue of the pipe was mentioned in the letter you received and I shall chase up on that with the enforcement officer.

Jon Hardy ● 5912d

JonSomething needs to be Done not just the Parking, but Sarah is right it is a eye sore outside and some plants would cheer it up.Yesterday yet again there was Trolleys next to our back stairs when i spoke to Tesco to remove them i got a "No" they don't care about their Neighbors just Profit maybe their planning permission should be reviewed so we residents can object to it.Ohh can you tell me if you have found out about this Pipe that Tesco placed in our Block without consultation that now has damp on the Ceiling?If anyone from the Local Newspapers are reading this and want to run a story about it i would be willing to a interview as we are fed up with it all know.

Simon Anderson ● 5912d

Planters would look lovely but this whole site is really an eyesore, isn't it.  Had the environmentalists been a part of the planning considerations maybe somebody would have asked Tesco to fund the planting of trees along the footpath outside to offset the concrete jungle.The barrier that needs to go beside the doorway needs some expertise in design to make it a shelter from cars as people emerge from the building.  I would worry that a planter might be hit by a car and would then squash the pedestrian.  Maybe Adam Beamish could help you?As a side issue - the petrol station in the middle of Isleworth (just past St Johns road when you are heading towards the fire station) which is now a shanty town car wash (the fence was very low and is now well over three feet high) is now displaying 'advertise here' posters.  It looks dreadful enough as it is, without adding posters to the frontage.  :-(

Sarah Felstead ● 5912d

Hi Simon, Thanks for posting the officer's response; I will talk with him further and see what options we can employ to make this situation safer.  I liked Tim's idea of some planters - much of the parking infringement is done by customers and that is a bugger to control - but a physical object would be hard to argue with.  However, we will need to get permission of the landlord to place such... Obviously if that is Tescos they might be persuaded to agree this on the basis that they really do want to be a better neighbour....

Jon Hardy ● 5912d

Sarah And TimThis is a email i got weeks ago from the Senior planning officer at Hounslow Council:1:  The application for planning permission to change the use of this car showroom was first submitted on 30 June 2005.  Isleworth and Brentford Area Committee approved the application on 19 January 2006.    The application showed 11 forecourt parking spaces. Tesco (who were not the original applicants) subsequently occupied Nos 317-323 following further applications, one of which amended the car parking layout (reducing the number of forecourt parking spaces to 6) and provided for loading and unloading at the front of the shop and was, again, approved by Committee.  I attach a copy of the approved layout.    A subsequent amendment provided for the temporary closure of some of the forecourt parking spaces so that Tesco lorries could pull over and not obstruct the through access.  It also made minor changes to the parking layout, but did not put any bays in front of the building (I attach an extract).  They remained on the other side adjoining the public footway. 2:  Responsibility for the forecourt is not a matter on which the Council can advise you, but the land in front of the Tesco Store does appear to be owned by Tesco.  If parking is taking place other than in the approved bays, I suggest that you take the matter up with them and refer to your own lease to establish what rights you have to pass and re-pass over the forecourt.  We have no planning powers to control this, I am afraid.  The ownership of the rest of the forecourt is not clear to me, but is most likely the freeholder's, the other units probably being leased. 3  A condition of the consent is that deliveries and collections may only take place after 8 am and before 8 pm and not at all on Sundays or Bank or Public Holidays.  Tesco applied in 2007 to vary that condition, seeking to bring forward morning delivery times to 7 am and to include Sundays and public holidays.  The Council refused permission.  Tesco appealed to the Secretary of State against our decision and the appeal was dismissed.  I attach a copy of that decision. 4:  If trucks arrive at the site before 8 am (to Tesco or any of the other units) or after 8 pm, or at any time on Sundays, Bank or Public Holidays, can you please keep a diary of these occurrences and send them to our Enforcement Team (email address above)?  Please note which units they are delivering to/collecting from, the time of day and the company name on the delivery truck. We will approach Tesco or the other occupiers and, if they do not stop doing it, we will consider taking enforcement action to secure compliance with the condition.As you can see Tesco is responsible for the Forecourt but in the letter i recvd from Tesco Head office its nothing to do with them.I have written to them again and enclosed photos this time.They also promise to sort Trolleys out but yet again they have failed to do so.Sarah most off us sleep in the Front which is nosier especially when they get deliveries there is always shouting and banging and thats done by the staff.I feel it would be better if they took deliveries at the back.As to the Bin at the side of the building still no padlock on the gate.Tesco don't give a dam about Residents its about time they listen and do something about this.You are right about the door and the Safety issues that you have raised but Tesco don't care maybe they would if one of their customers kill 1 off us.

Simon Anderson ● 5913d

I also had another look yesterday.I would agree that the door is dangerous and think that there should be more discouragement to drivers parking on that side of the road and to use the marked bays on the other side.(Again it would be interesting to see the plans that must have accompanied the grant of planning permission and how they described the parking and access arrangements for Tesco.)I see that there is a clear marking of a pavement area delineated by a change in concrete surface outside the betting shop.Rather than a protective barrier, if I was a resident, I'd prefer a couple of large concrete planters each with a small tree either side of the doorway to introduce some greenery to the facade. Boris wants us to ask for more street trees !Alternatively, I'm still looking for the bike racks that every public building seeking to promote sustainable travel should have space for. But then the residents might not want to be run over by two wheels as opposed to four.

Tim Henderson ● 5913d

Simon.I took some more photos on another visit.  These show the car park you are referring to and where the trolleys are stored - those trolleys make one heck of a noise when rolled over concrete and they are stored very close to your flats - are your bedrooms at the back above the car park?From a drivers point of view your front door is very dangerous.  Because it is set back, if a driver moves their car alongside the building they will not see the door until they are on top of it, and possibly on top of a  pedestrian leaving through the door.  There probably needs to be a box and keep clear markings on the ground and a protective barrier extending out from the door.

Sarah Felstead ● 5913d

Had Letter from Tesco head Office today they state they have spoken to the store manager and have promised that the Bin will be sorted, trolleys will be sorted and no more Bakery Items placed in open Trolleys, i say we will see.They state they have spoken to the Delivery Drivers to stop deliveries taking place before 8am.As to parking in front off our Door, they state tesco do not own the front For court so can i ask 1 off our Local councilors to investigate this as according to the senior planning officer at the Council Tesco are responsible for it.Thanks

Simon Anderson ● 5922d

Hi SarahThank you for those Pics, its terrible as we have a Single mum with Buggy up here who sometimes carries the buggy down about 15 steep stairs, opens the door see's she cant get out so has to go back up the stairs to go the back way.Also there is a Disabled lady who has to use 2 walking Sticks or a walking Frame who sometimes cant get in or out of this door not to mention its a Fire exit.We Put the "No PARKING" sign on the door but drivers ignore it.Yesterday there was a long estate car parked across the front of the door leaving just a very small gap between the car and wall i just managed to get threw.Also the Delivery Trucks for Tesco are Long Haul Type and take up most of the Car Park out the Front.Tesco SHOULD have a obligation to its Neighbors and prevent their customers parking in front off our door.Last Month there was a white Van parked in front of our door for 2wks (never moved once) Tesco has a sign stating there policy is 20mins Waiting time only but they did nothing about this Van.The Syon SNT spoke to the owner who refused to move it and the SNT could not do anything or Traffic Wardens as its Private land it was down to Tesco.Its a Nightmare what we have to put up with living above Tesco.

Simon Anderson ● 5927d

Thanks Sarah! Nice to be remembered. Not much room for pedestrians along there.

Audrey Walton ● 5927d

The Tesco metro is on the junction of Teesdale Avenue and London Road, Isleworth.  And for you pub people, beside the Rose and Crown.  It was the Marlborough Car showroom, but they have moved along the road, nearer to Isleworth BR.  I checked google street scene but the door Simon is talking about is clear of cars in their picture.For Audrey  :-)For Simon

Sarah Felstead ● 5927d

There is a similar moaning thread on uk.rec.cycling at the moment headed " Tesco Value Bike Parking"http://groups.google.co.uk/group/uk.rec.cycling/browse_frm/thread/8ed86d49be4fecf6?hl=en#Unfortunately I fear that the comments of one contributor may hold true :"Sadly, Tesco show no respect for any legal process, and will probablyget away with it, because they can afford to bankrupt most localauthorities with the legal costs of trying to enforce it. "

Tim Henderson ● 5928d

thats great thanks Jon

Simon Anderson ● 5929d

I tried to find the  minutes from the Planning Meeting when the development was approved to check what provision had been required for bike parking. Initially there was nothing, then the old bike racks from Osterley were installed and then these were removed.If anyone can dig out the link to the document on the Hounslow Council website I'd be grateful.

Tim Henderson ● 5929d

Coincidentally I popped in this afternoon around 2pm and spoke directly with the store manager about the issues that Simon has raised. As with all large companies the man in the front line has very little say in the way the larger organisation behaves or imposes on the local situation.  Not a cop-out from him -  he was a nice guy really but with limited authority - and he has promised to put me in touch with a superior who will have control over times of deliveries etc.  I shall be seeking a meeting with this person in with our Enforcement Officer in tow as I believe they are infringing the terms of their planning permission; this will give us clout to resolve the situation.Simon i will update you by e-mail whenh I have news or at the end of the coming week at the latest.Sincerely,Jon HardyCllr for Syon in Brentford and Isleworth

Jon Hardy ● 5929d

JimI was advised by Cllr Hardy he was discussing with the senior Planning Officer about the pipe but as yet I've had no reply.As to the other complaints tesco stated they would reply within 10days after Cllr Andrews forwarded my complaint to them but that was WEEKS ago.Tesco Disgust me it really does

Simon Anderson ● 5932d

As a pedestrian customer of the shop I've noticed that hap-hazard parking is a menace on the site and trolleys seem to be all over the place.I'm surprised that the Council have ignored your complaints.JL

Jim Linwood ● 5932d