Jump to content


Photo

Planning Issues Heeeeellllp!


  • Please log in to reply
44 replies to this topic

#41 PaulCP

PaulCP

    Scary Internerd

  • 5,815 posts
  • Gender:Male
  • Location:Suffolk

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

PaulCP

    Scary Internerd

  • 5,815 posts
  • Gender:Male
  • Location:Suffolk

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

#43 Jetpilot

Jetpilot

    Super Member

  • PipPip
  • 258 posts
  • Location:Poole

Posted 24 July 2018 - 11:53 AM

Wow, its a bit different down my way, i am doing a bungalow conversion for a client, as soon as the first rafters went up the neighbour was straight on the phone to the council saying it was too high, how she knew without measuring it i have no idea but regardless, the planning enforcement officer was there the next morning with a tape measure, it was an inch or two over which she accepted, if it was 500mm or more it would have had to been changed or revised plans submitted.

 

I know it sounds off track, but if you are getting no where with the council, try your local mp, also any neighbours you can rally aboard and do what PaulCP suggests?

 

However underhand this all might be, unless you have a complaint that directly impacts your house, i.e loss of light etc, you are not entitled to a view, so unlikely any objection will stand up.



#44 Tommo

Tommo

    Super Member

  • 338 posts
  • Gender:Male
  • Location:Leicestershire

Posted 24 July 2018 - 12:42 PM

tbf Jetpilot i have built a scheme in Poole (Well Sandbanks, so almost Poole) and BoP Council are one of the worst to deal with that i have ever come across. Massively pernickety and literally don't let ANYTHING go. Very much the exception rather than the rule.

 

In short FLD you're not likely to get much joy with the planning department.  There seems to be no issue with the construction of the barn in this location from a planning point of view, so any issues that you throw up in regard to its location or materiality will just be dealt with via a Section 73 Minor amendment.  Once that's passed it will negate any material breach of the planning permission. £150 for the applicant and a nice rubber stamp at the end with the new location/materiality etc.  All agreed and above board - sitting on the opposite side of the fence, thats what i'd do.

 

Cant you put the ground work in for a claim against the seller yourself and just have the solicitors step in for any face to face or heavy handed work?

 

Bloody shame that there were no Great Crested Newts in the field......


Edited by Tommo, 24 July 2018 - 12:45 PM.


#45 C8RKH

C8RKH

    Super Member

  • 388 posts
  • Location:UK

Posted 24 July 2018 - 07:11 PM

http://www.backwater...s.com/newts/cre




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users