Planning Application - refused - advice?

travel_freak

Hi,

I wonder if someone could offer any advice. Some friends are looking at a house to buy. The garden of the house has a right of way across it which the owners say is rarely used. However we have found out there was a planning application to develop land behind the property which would be accessed by the right of way (and would mean the right of way presumably would be used very regularly).

The planning application was refused by the council in around 2003/2004. Just wondering if this could be overturned in the future or is it set in stone once a refusal has been made?

It's a small garden so if the right of way was accessed permanently and regularly it would badly affect enjoyment of the house and garden so my friends would probably not proceed with the purchase.

Any advice on the planning laws/regulations once a refusal has been made would be gratefully received.

Many thanks in advance.

DVardysShadow

In your friends' shoes I would not be looking at Planning as the means of stopping this. Is the Right of Way public or specific to certain people or occupiers of certain land? If it is public, then there is probably little that can be done. If it is specific, then it may be worth considering buying out the right of way - or it may be worth looking at the terms of the right of way to see if they are actually valid for the changed use of the land. For example, if the right of way is fairly obviously a footpath, but the access to the change of use would be for vehicles too, then [legal advice required] the right of way may not extend sufficiently for the new use.

Gwhiz

There are no hard a fast rules. Many refusals go to appeal and are eventually won, others are not.

You pays your money, you takes your choice!

travel_freak

Hi

Many thanks - I don't have the full details but as far as I know it is a pedestrian only access through/across the garden to provide access to what is currently land and a store room. Don't believe it is public access, but access specific to one landowner to access his land. It is this landowner who made the planning application to develop his land (which lies directly behind the property) so doubt very much that he would relinquish the right, even though the planning application was turned down as it appears to be one of only two possible access ways to that land.

Does anyone know if there is any time limit within which an appeal or new application would need to be submitted or could it be submitted at any time in the future? And would a future appeal or new application be considered afresh at the time submitted - so that if the Council's viewpoint had changed there is a chance it would be granted?

Many thx.

chickmug

In your shoes I would call the plannimng department at the council and ask all your questions knowing you will get the right advice straight from the horses mouth.

I have always usually found planners very helpful. A personal visit could be even better.

Gwhiz

travel_freak wrote: »

Hi

Many thanks - I don't have the full details but as far as I know it is a pedestrian only access through/across the garden to provide access to what is currently land and a store room. Don't believe it is public access, but access specific to one landowner to access his land. It is this landowner who made the planning application to develop his land (which lies directly behind the property) so doubt very much that he would relinquish the right, even though the planning application was turned down as it appears to be one of only two possible access ways to that land.

Does anyone know if there is any time limit within which an appeal or new application would need to be submitted or could it be submitted at any time in the future? And would a future appeal or new application be considered afresh at the time submitted - so that if the Council's viewpoint had changed there is a chance it would be granted?

Many thx.

Your Q on the appeal is irrelevant as anyone could put in a new application at any time anyway! You could talk to planning dept to see if anything has changed that might make a similar application more acceptable to them now! But even if still not acceptable today, it could be in the future if things changed!

DVardysShadow

travel_freak wrote: »

Hi

Many thanks - I don't have the full details but as far as I know it is a pedestrian only access through/across the garden to provide access to what is currently land and a store room. Don't believe it is public access, but access specific to one landowner to access his land. It is this landowner who made the planning application to develop his land (which lies directly behind the property) so doubt very much that he would relinquish the right, even though the planning application was turned down as it appears to be one of only two possible access ways to that land.

If it is not public then he could possibly be bought out - also, the right of way might preclude access to actually carry out building work. If there is another way to the land, buying out could be more possible

Does anyone know if there is any time limit within which an appeal or new application would need to be submitted or could it be submitted at any time in the future? And would a future appeal or new application be considered afresh at the time submitted - so that if the Council's viewpoint had changed there is a chance it would be granted?

I would set no great store by planning sorting this out!

RLH33

If I were your friends I would get a copy of the appeal decision and look carefully at why the previous application was refused in the first place. The planning department should be able to provide a copy or they may find it on the Planning Inspectorate Website if they have the reference number, although the web records may not go back that far. The planning dept will also be able to give some good advice on the reasons for refusal and the prospects of another application being acceptable. You can never say never though.

If the appeal was refused for reasons such as it being outside the housing development boundary or within the green belt then there is a pretty good chance that they won't be getting permission in the future. However if it was refused on design grounds then the design just has to be revised so that it is now acceptable in order for a new application to be approved.

TBH an access across someone else's garden for a new dwelling sounds a bit dodgy to me especially if it is just pedestrian - they would have no parking, plus who would want to buy a house where you had to walk across someone's garden with your shopping bags or new wardrobe!!

An application can be resubmitted at any time although there are new rules regarding repeat applications where they are identical or very similar to a previously refused one and are re-submitted within a specific time limit.

Doozergirl

There will be a file on the original application held at the council offices. Going to the council, pulling this out and then having a general chat with a planning officer around future scenarios will prove extrememly helpful, as already said.

If the proposed dwelling needed a certain width of access as part of planning law, then there isn't a hope of them getting permission. eg. if they wanted to build a house, under current law it would really need to have a parking space and therefore vehicular access. For a house not to have a parking space, they would have to prove that there were really good local transport links. You might get away with that in London, but I don't think you would where I live!

Also, under the deeds, who that right if way belongs to is important - whether it is public or whether it is restricted to certain surrounding properties.

A 10/20 minute conversation with the planners will be invaluable.

planning_officer

Yes, to reiterate the previous 2 posts - find out why the application was refused in 2003/04. It may be something fundamental, like unsatisfactory access (the access sounds dodgy to me too, although you do say it can be accessed in another way - is that a viable access to the land?), or it may be something that could be overturned in the future (as RLH says).

The applicant cannot appeal that refusal now - they had 6 months to appeal so that's well gone - but they (or anyone else) can submit another application in the future. Without knowing why the first one was refused it's impossible to say whether a future application may get approved - yes, Council policies do change and Councils are put under pressure to provide a certain number of new homes every year. Although Councils are now supposed to have a 15 year supply of land for new houses to meet their given targets - as this sounds like a windfall site (i.e. one that is not designated in the Local Plan) and windfall sites are not allowed to be included in the housing targets, so that means the applicant is unlikely to be able to prove a need for new housing here. (I'm assuming it was a house that was refused permission in 03/04 - as you don't actually say what the development was!)