What is the basis of planning law?

NOWSE

I ask this question because I have just had to withdraw a planning application, to build a bedroom above my double garage, because the planning officer said that it was "too imposing". He wants me to take the line of the front of the bedroom back about five feet from the front of the garage.To do this would wreck the whole project.

I'm not sure what to do now, the builder has suggested a planning consultant. But what I want to know is what is the basis on which the planning officer has reached his decision (there were no objections from neighbours) and can someone point me in the direction of where I can see this written in black and white? Surely the planning process is not governed by the subjective decision of a individual planning officer?

I'm so hacked off about this that I nearly put it in the vent section.

trafalgar_2

Have a look at this ,it tells you what grounds you have for appeal of the decision etc

http://www.planning-inspectorate.gov.uk/pins/forms/

NOWSE

trafalgar wrote:

Have a look at this ,it tells you what grounds you have for appeal of the decision etc

http://www.planning-inspectorate.gov.uk/pins/forms/

Thanks for that but, as far as I can see, this site deals with the planning appeal process. At the moment I'm more interested in how decisions are made by local planners.

albalad

Not sure where you a re based , this site relates only to scotland but i would imagine they should be pretty similar

http://www.scotland.gov.uk/about/Planning/planning_guide.aspx

scottishlizzie

My husband is a planning officer, so don't be too scathing about them please!

Hubby says:

An extension should, in the main, be subservient to the principal structure.
Planners are concerned with scale, massing and the relationship of new extensions to existing buildings. Much of that aspect of planning is not governed by hard and fast rules. That is why it is (apparently) called the "art" of planning rather than the "science".

Hubby says you should think about using an architect rather than a planning consultant. PCs will fight your case at appeal but won't necessarily find a solution to your problem. An architect will be better placed to re-design in line with the local planning requirements. And they won't necessarily cost more than a planning consultant.

Good luck.

trafalgar_2

NOWSE wrote:

Thanks for that but, as far as I can see, this site deals with the planning appeal process. At the moment I'm more interested in how decisions are made by local planners.

sorry,..............ok it is really down to individual planning departments within local councils how they interpret the main government guidelines to fit into their own local areas.......................
whether they think it matters for instance if the extension will be 'too imposing'.......................you could put the same plans forward in the next village/area/town and it will not be a problem,differant planning officers /differant views/requirements for that area.

so if you can find a property similar to yours that has an extension like you want to put up..................then you can expect them to agree and let you do it as they have done so before.

NOWSE

scottishlizzie wrote:

Hubby says you should think about using an architect rather than a planning consultant. PCs will fight your case at appeal but won't necessarily find a solution to your problem. An architect will be better placed to re-design in line with the local planning requirements. And they won't necessarily cost more than a planning consultant.

Good luck.

Thanks for your comments. I'm sure that your husband is fair and reasonable in his work. Unfortunately I'm not sure that can be said for the officer looking at my application. I checked on-line through decisions made by the planning department of my local authority in the last six weeks for those similarly worded to my own. In that time there has only been one other application refused (or withdrawn) and the planning officer was the same as for my application. All the other applications (more than a dozen were approved) a were approved by other planning officers.

As for your husband's advice to use an architect, i have used one and he is "astounded" and "shocked" that the plans weren't acceptable.

NOWSE

trafalgar wrote:

sorry,..............ok it is really down to individual planning departments within local councils how they interpret the main government guidelines to fit into their own local areas.......................
whether they think it matters for instance if the extension will be 'too imposing'.......................you could put the same plans forward in the next village/area/town and it will not be a problem,differant planning officers /differant views/requirements for that area.

so if you can find a property similar to yours that has an extension like you want to put up..................then you can expect them to agree and let you do it as they have done so before.

Thanks. There are two houses similar to mine around the corner. When my architect spoke to the planning officer the other day, and pointed this out, he said that he was not interested.Not a very transparent process.

Anyone know if there is any point in contacting a more senoir official in the planning department?

robowen

I know nothing about how decisions are made by planning officers.
however, I can tell you that at the top of our road, there are a group of small semi-detached houses all in row, all wanted extensions building at the same time.
The planning officer has made them have the plans drawn up with the upstairs room set back from the face of the downstairs front wall by about 5ft. And made them build separately with a gap between extensions of neighbouring properties.

Lopping 5ft off the front upstairs room, meant they can't have 2 bedrooms upstairs in the extension part.

I presume this was to make the houses look individual, rather than a large block or rectangular building. A bit more appeasing to the eye.

trafalgar_2

NOWSE wrote:

Thanks. There are two houses similar to mine around the corner. When my architect spoke to the planning officer the other day, and pointed this out, he said that he was not interested.Not a very transparent process.

Anyone know if there is any point in contacting a more senoir official in the planning department?

sounds to me like you got one on a particularly bad day,which is not fair on you and if there are other houses similarly built he has no real grounds to turn you down.........would it not be an idea to resubmit the plans then go to appeal ,as you would have good grounds if other buildings have them allowed.

just a thought ,or try and speak to his/her boss ,you haven't really got anything to lose if they already turned it down ..........................and it may just make a differance.

scottishlizzie

NOWSE wrote:

Thanks for your comments. I'm sure that your husband is fair and reasonable in his work. Unfortunately I'm not sure that can be said for the officer looking at my application. I checked on-line through decisions made by the planning department of my local authority in the last six weeks for those similarly worded to my own. In that time there has only been one other application refused (or withdrawn) and the planning officer was the same as for my application. All the other applications (more than a dozen were approved) a were approved by other planning officers.

As for your husband's advice to use an architect, i have used one and he is "astounded" and "shocked" that the plans weren't acceptable.

You can either resubmit it with some (minor) amendments and hope that it goes to another planning officer or appeal to the Planning Inspectorate/Secretary of State. Neither process will cost you.

It may be worth talking to a senior colleague of the planning officer in question to get an idea about what sort of compromise might be reached before an application is re-submitted or appealed. However, it would be extremely unlikely that such a conversation would in itself lead to the refusal being overturned. Might be worth a go however - nothing ventured, nothing gained. Softly softly rather than outraged of Turnbridge Wells would be the best tone to adopt.

Good luck.