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Planning Issues Heeeeellllp!


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#41 PaulCP

PaulCP

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Posted 20 July 2018 - 10:50 AM

Planning officers rarely enforce any breach of conditions attached to an approval.

Our local council pass everything that is put in front of them and never enforce anything. I attended a planning committee meeting yesterday to witness an application close to us which is essentially for an industrial building in a rural location. The procedures were pathetic from a planning officers report which was misleading in that it repeated the applicants claims without testing them, omitted many points on the objections and there was no debate from the committee. They just accepted everything in front of them at face value despite many objectors writing to them individually pointing out the shortcomings in the officers report.

They were also hearing a case where a builder has built an extension to his own house measuring 9m x 8m and 5m high at the apex and within 1m of his neighbours boundary. He claimed that he did not know he needed planning consent to do it so was now submitting an application retrospectively. Guess what, it was unanimously approved!

Apologies for the long post but the above gives you an idea on how they operate.

Before the meeting started the chairman went around the table asking every member of the committee individually if they had any interests to declare in any application to be discussed on the day. This will have been done in the case of the barn you are contesting. If you can get the minutes of the meeting where the guy stated “no interests” then that is probably your best case. You could press for a judicial review of the process followed but of course there will be a cost associated with it.

#42 PaulCP

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Posted 20 July 2018 - 12:35 PM

Before the meeting started the chairman went around the table asking every member of the committee individually if they had any interests to declare in any application to be discussed on the day. This will have been done in the case of the barn you are contesting. If you can get the minutes of the meeting where the guy stated “no interests” then that is probably your best case. You could press for a judicial review of the process followed but of course there will be a cost associated with it.


I should have added this is if the application was decided by committee rather than an individual planning officer.

The application I mentioned was approved by a planner no officer back in April 2017. We managed to get the decision overturned when, as a group of 15 we had a Barrister write to the planning dept informing them that they hadn’t followed correct procedures and their own protocol and we would be asking for a judicial review. The review wasn’t necessary since they immediately withdrew the consent and told the applicant to apply again. In the end, whilst the application has now got committee approval, the scheme has changed removing many of the contentious issues




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