Can Planning Approval be reversed?

bag112

Hi. Not sure if this is relevant to this site but I've had some fantastic advice in the past from here so hoping someone has the answers!

Having a problem with a proposed development in our neighbour's back garden. The permission has been granted but the proper procedures don't appear to have been followed and some of the points of objection have not been considered.

Specifically - No yellow notice displayed. Immediate neighbours were not notified. An amended plan was issued and we received a letter from the council dated 27th September stating we had 14 days to comment (taking it to the 11th October) and yet a Decision Notice was issued on 6th October. The developer refers to the land as 'previously developed' but it's back gardens and I thought they weren't classed as that anymore? Furthermore the new development would be overbearing on our house (if two storey) which would only be apparent if you actually saw for yourself from our house - the back of our house is not in line with our neighbours and we have a large ground floor extension taking it even further back towards the development. You wouldn't be able to judge that from the site because it is a slightly lower level and there is a large hedge so this issue has obviously not been considered.

The whole thing stinks! Looking on the planning website for the council there's obviously been lots of telephone calls between the developer and the planning officer and information on their discussions hasn't been included.

Is there anyway to get this reviewed? It seems that the only right to appeal is if planning permission gets refused which seems madness. I sent a letter of complaint on Monday and awaiting a response but I'd like to have some factual information to hand on planning law or our rights, if any, on this.

Any help appreciated.

Richard_Webster

I think you will find that the obligation to consult/advertise is a vague one that can be satisfied in various ways and the Council do not have to put notices up in he street.

You would have to make an application to the High Court for judicial review of the decision if you could find a procedural irregularity in the decision making process, but I suspect that there won't be one.

smcqis

Not sure how it works in England but in NI the statutory element says it just has to be advertised, neighbour notification is just an extra length the planners go to that isnt technically required as long as its advertised

poppysarah

local govt ombudsman deals with councils not following rules...
but you are supposed to go through the councils complaints process first.

daveyjp

But remember the LGO still can't overturn the decision.

Cyril

I personally can't see that a few technicalities will overrule a planning consent tbh and I would worry I'd get sucked into a huge time and expense challenging the ruling.

Planners are only interested in complying with the local framework not nymbyism so any objection would have to relate to the plan not concerns about hedge heights and views unless blocking your right to light.

I feel for you as no-one wants a monstrous build next to them but I can't really see you will get the decision overturned.

planning_officer

Just a few points:

bag112 wrote: »

No yellow notice displayed. Immediate neighbours were not notified.

As stated above, publicity requirements differ between Councils so as long as their procedures have been followed, then they haven't done anything wrong. The only statutory requirements to display a site notice are for certain situations, including when the site is in a conservation area or affecting the setting of a listed building. Similarly, neighbours don't have to be notified - personally, I think Councils should notify them, but many don't and use other forms of publicity instead.

bag112 wrote: »

An amended plan was issued and we received a letter from the council dated 27th September stating we had 14 days to comment (taking it to the 11th October) and yet a Decision Notice was issued on 6th October.

More concerned with this point - on the face of it, it seems like the Council should have waited 14 days for neighbour comments, if that is what they said in their letter (unless perhaps, everyone who they sent letters to had already responded well within the 14 days, so they didn't need to wait).

bag112 wrote: »

The developer refers to the land as 'previously developed' but it's back gardens and I thought they weren't classed as that anymore?

Yes, gardens are no longer previously developed land (see revised 'PPS3 - Housing'). But a developer can say what they want - many use stupid arguments, but it doesn't mean that the Council agrees with them just because they granted permission. There is no rule saying that previously developed land can't be built on.

bag112 wrote: »

the new development would be overbearing on our house

I'm sure the Council will have properly considered this - have you read the report about the permission (usually on their website) which should give some more detailed info on why permission was granted?

kentmum1973

We have a similar situation. The bottom of our garden was sold off by the previous owners for development which has had planning permission granted; the neighbours on one side have kicked up a huge fuss, and spent literally thousands going down the high court route. They claimed the voting procedure undertaken by the planning committe was rigged. That was overturned by the High Court, and they are now disputing it again under some sort of garden grabbing law. Work halted on site last week due to the latest ddrama. I cannot see their issue personally, their garden is completely enclosed by tall conifers anyway. It is us that is most overlooked, and we don't have an issue at all.

I would really consider if you can afford to lose thousands going down the legal route.

munro_wilson

the ultimate power lies with the secretary of state but as said there are a number of channels beforehand