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planning permission & neighbour advice pls
fatpurse
Posts: 35 Forumite
I applied for planning permission for an extension over my existing garage. To try & cut a long story short, my neighbour complained, his letter was almost word for word the same as the complaint letter from the parish counsellor, who is his friend. In my neighbours letter he says 'if permission is given I want it to be called to counsel'.
The planning officer decided permission was to be given, but it had to be called to counsel at my neighbours request. So at the meeting was my neighbour, my husband, our planning consultant, the parish counsellor & the other local councillors. My neighbour is friendly with all the councillors as he has worked with them. My neighbour was until recently the person running our residents comittee for our estate & he has has had many dealings with the parish councillor over local issues. At the start of the meeting all people there had to declare if they knew or had met any others there before. 1 councillor said he had met my planning consultant before. My neighbour & his councillor friends kept silent. The councillors tried their best to get it refused & when it looked like they were going to lose they said'the only way is to look at properties & see how bad it is rather than just on paper'.
It ended up with 16 councillors outside my property to look at the area involved. We were told that none of us could go outside to speak with them. And then I saw them all in my neighbours kitchen! They came out having a laugh together then left. So at the second meeting there was a vote. My planning consultant said he had never seen anything like it, over a relatively small extension over already existing footings. The parish councillor & his lot were trying everything to get it stopped but it didnt break any planning laws so they came up with 'its un-neighbourly, its overbearing'. They tried 'its making the house too big for its plot. Its too close to the house next door (its over existing footings so if that was the case the council shouldnt have given permission to the house builders). Basically they had nothing exact to go on & the planning officer said he saw no problem with the extension. They even tried to make up a new rule that no properties on our estate could have an extension! So it came down to the vote where all the councillors obviously voted against, & the planning officer voted for. So it was refused.
My planning consultant said he wanted to know on what grounds it was refused as they just could not come up with anything at the meeting. So eventually the refusal notice said 'overdevelopment of the site' 'overbearing effect on the neighbour' &
whatever that means. The above certainly wasnt mentioned in the meeting.
So basically I want to complain. Ive been told that its unheard of for a decision to be overturned, thats ok, but I still want to complain. I never stood a chance as it had to be called to council & neighbour & his friends would always stick together. They should have declared their friendship/working past. Please can anyone point me in the right direction to go with this. I can appeal but I still want to sort this first as it was done so unfairly. Thanks.
The planning officer decided permission was to be given, but it had to be called to counsel at my neighbours request. So at the meeting was my neighbour, my husband, our planning consultant, the parish counsellor & the other local councillors. My neighbour is friendly with all the councillors as he has worked with them. My neighbour was until recently the person running our residents comittee for our estate & he has has had many dealings with the parish councillor over local issues. At the start of the meeting all people there had to declare if they knew or had met any others there before. 1 councillor said he had met my planning consultant before. My neighbour & his councillor friends kept silent. The councillors tried their best to get it refused & when it looked like they were going to lose they said'the only way is to look at properties & see how bad it is rather than just on paper'.
It ended up with 16 councillors outside my property to look at the area involved. We were told that none of us could go outside to speak with them. And then I saw them all in my neighbours kitchen! They came out having a laugh together then left. So at the second meeting there was a vote. My planning consultant said he had never seen anything like it, over a relatively small extension over already existing footings. The parish councillor & his lot were trying everything to get it stopped but it didnt break any planning laws so they came up with 'its un-neighbourly, its overbearing'. They tried 'its making the house too big for its plot. Its too close to the house next door (its over existing footings so if that was the case the council shouldnt have given permission to the house builders). Basically they had nothing exact to go on & the planning officer said he saw no problem with the extension. They even tried to make up a new rule that no properties on our estate could have an extension! So it came down to the vote where all the councillors obviously voted against, & the planning officer voted for. So it was refused.
My planning consultant said he wanted to know on what grounds it was refused as they just could not come up with anything at the meeting. So eventually the refusal notice said 'overdevelopment of the site' 'overbearing effect on the neighbour' &
The proposal is contrary
to policies BE.1 Amenity, BE.2 Design Standards and RES.11 Improvements
and Alterations to Existing Dwellings of the Borough of ......
Replacement Local Plan 2011.to policies BE.1 Amenity, BE.2 Design Standards and RES.11 Improvements
and Alterations to Existing Dwellings of the Borough of ......
whatever that means. The above certainly wasnt mentioned in the meeting.
So basically I want to complain. Ive been told that its unheard of for a decision to be overturned, thats ok, but I still want to complain. I never stood a chance as it had to be called to council & neighbour & his friends would always stick together. They should have declared their friendship/working past. Please can anyone point me in the right direction to go with this. I can appeal but I still want to sort this first as it was done so unfairly. Thanks.
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Comments
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Stick to going through the Appeals process, that's what its there for - your planning consultant should be advising you on the process. This takes it out of the council's hands, and loads of applications get through on appeal that are refused at lcoal level.
If you try and muddy the waters with allegations of underhand dealings/corruption you will need to have very good evidence or things could get very messy indeed.0 -
Thanks for the reply. Yes I understand what you are saying, it was just so unfair we could never have got permission with this procedure. I can prove my neighbour has worked with the parish councillor I have papers to show this. Of course its hard to prove that they are friends. But how can someone be able to call it to counsel & get their friends to so blatently vote together. Its so wrong.
I will call my consultant & see what he says. My original consultant has emigrated! So now I have a new one who appeared part way through the case.
Anyone know what that last refusal sentence means? They were going through all kinds of policies trying to find a reason to refuse it.0 -
I also worry that somehow my neighbour could prejudice an appeal just because he's someone who knows a lot of people of 'importance' iykwim.0
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What a discrace. They clearly had their plan hatched.
By any chance have you asked your neighbour why? did you have good dealings with him before this happened?I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!0 -
No I havent asked him why, he's a complaining type of person, has previously complained about several things on the estate. Yes we got along fine previously, my husband has been round his house several times helping him to move furniture, lift things etc.0
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No I havent asked him why, he's a complaining type of person, has previously complained about several things on the estate. Yes we got along fine previously, my husband has been round his house several times helping him to move furniture, lift things etc.
See i would pursue getting the decision overturnered. If you see any of his 'friends' again start snapping with the camera!!
I personally am a little bit vindictive. I would appeal, win and then make a shed load of complaints about his. Is his fence blocking sunlight? making noise at unreasonable hours? etc but thats just me
I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!0 -
:rotfl:yes I think I just might.
Anyway Im going to appeal and also complain, just need to know who to complain to. My neighbour tried to instigate a covenant to stop all extensions on our estate. haha he really thinks he's someone.0 -
Sorry to hear of what you've had to go through.
The only thing I have to add to the advice above is to make sure you write everything down ASAP with names, dates, and times!
Also, put your appeal in now - it can take a while to be considered.0 -
Here is a link on complaining about councillors - if they weren't declaring their friendship/knowledge of your neighbour, it's a serious issue.
http://www.standardsforengland.gov.uk/CaseinformationReporting/Makingacomplaintaboutyourcouncillor/
If this first stage of complaint isn't successful, you can go to the Local Government Ombudsman.Cash not ash from January 2nd 2011: £2565.:j
OU student: A103 , A215 , A316 all done. Currently A230 all leading to an English Literature degree.
Any advice given is as an individual, not as a representative of my firm.0
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