FTB - please help! Should this have shown up on local search?

laurat

Blimey Jorgan, that is scary! Had planning permission been granted within that week then (i.e. between the two searches)?

clutton_2

Debt Free Chick ""No - the developers would not have been informed of the appeal""

i think i have lost the plot here a bit (it is a bit hot today !) - but can you expand on this a bit please ?

laurat

I think she means that the developers may not have been made aware that the water company appealed the decision, and thus were not misleading us by not mentioning the refused planning application to us when we asked?

That's my understanding from that, anyway.

Any more thoughts would be really appreciated.

Debt_Free_Chick

clutton wrote:

Debt Free Chick ""No - the developers would not have been informed of the appeal""

i think i have lost the plot here a bit (it is a bit hot today !) - but can you expand on this a bit please ?

laurat has it spot on, but the detail is ....

When an application is made for Planning Permission, it goes to the local planning authority (LA). Anyone (and I mean anyone) can comment on the application, but neither the number nor nature of comments are likely to influence the decision of the LA. Why not? Because the LA has already indicated what development it is likely to allow and where - look for the Local Development Plan (or Framework) on your LA website. And there are national planning guidelines (on the website for the Office of the Deputy Prime Minister).

If an application is refused, then this decision is made by the LA. Similarly, if an application is granted, the decision is made by the LA. In both cases, those results go on to the LA files and, if relevant, the website (not all LAs have online applications).

If the applicant is refused and wishes to appeal, the appeal is NOT made to the LA. Instead, the appeal goes to the Planning Inspectorate (PI). The PI has to notify the LA, but there is a gap during which the LA does not know if an appeal is made. The PI also notifies those that commented on the original application and asks them if they want to submit a comment to the PI, for the purpose of the appeal. The original comments go forward to the PI anyway, but those who originally commented get another chance to comment again.

Other than notifying the LA and those who commented, anyone else would not know that an appeal had been submitted.

So ... if laurat had asked the developer about potential development after the PP had been refused, they probably would not have known about the appeal and therefore could truthfully say that they knew of of no development plans - the last they knew was that PP had been refused and, essentially, this "closes the file" ... apart from an appeal direct to the PI.

HTH

clutton_2

Debt Free Chick - many thanks for that really helpful post. It seems utterly extraordinary that the PI do not inform the LA planners that an appeal is in progress - how else is the LA to prepare its case for the appeal hearing if it is not informed ?

laurat

Yep thanks for that, very interesting.

Debt_Free_Chick wrote:

The PI also notifies those that commented on the original application and asks them if they want to submit a comment to the PI, for the purpose of the appeal. The original comments go forward to the PI anyway, but those who originally commented get another chance to comment again.

Other than notifying the LA and those who commented, anyone else would not know that an appeal had been submitted.

The thing is, as far as I can tell, the developers DID comment on the original application. Within the complaint letters on the LA website is a letter from the developer in which they confirm that they are aware of the plans and acknowledge people's concerns. Thus I believe this would count as a comment and so the PI would have notified the developer of the appeal. Does this sound right?