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Caught on camera, but no use in court?
The unlawful use of Closed Circuit TV

An exclusive report by Doktor Jon - continued
Dateline November 05th 2004 - London, England.

Given that there are potentialy thousands, if not tens of thousands of CCTV cameras that have been installed contrary to the legislation governing permitted development, this could present enormous problems for legal counsel, seeking to present video recorded evidence that has not been lawfully obtained.

Perhaps understandably, a significant number of local authority officers were clearly totally unaware of the serious implications, for this everyday piece of planning legislation.

Doktor Jon asked the Office of the Deputy Prime Minister to comment as to whether the government should urgently consider issuing guidelines, for businesses and commercial buildings affected by this legislation.

A spokesperson for the ODPM responded, “We are not aware of the need to publish guidance on this”. "Although there are no plans to specifically amend part 33 of the act, a review of the Town & Country (General Permitted Development) Order 1995 is in progress".

In the meantime, unless affected CCTV cameras are relocated to become compliant with the rules governing permitted development, or a planning application is submitted and approved for them to remain in their present position, any evidence video recorded from them, will undoubtedly be regarded as unlawfully obtained.

Doktor Jon acknowledges and thanks the following London Local
Authority offices for their kind assistance in researching this article:-

Barking, Barnet, Bexley, Bromley, Corporation of London, Croydon, Ealing,
Hammersmith & Fulham, Haringey, Havering, Hounslow, Islington, Kingston,
Lambeth, Merton, Redbridge, Richmond, Waltham Forest, Wandsworth.

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