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Council preventing people from seeing/commenting on plans

Two weeks ago I received notification that people had applied for planning permission and notices have gone on the telegraph poles. However, the letter said the plans were available to view online but they'd not uploaded anything. After four phone calls and various promises to post the plans I've still received nothing. Anyone else who might be affected by the plans obviously can't raise comments or concerns either. Surely this must be against planning regulations?

Comments

  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    I had a discussions with someone about this recently, I think there is a bit of leeway with what and how quickly things have to appear on the online portal - if you go to the office they have to give you the planning file which as a minimum has the planning form and documents submitted by the applicant.
    I think you would have a decent case for appealing any decision if you can prove that files were not made available online before the consultation period finishes...
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Yes, good point. When I said 'post' I actually meant they promised to send me hard copies. I work a long way from home and the council's office only opens until 4pm, so I'd have to take half a day off to go there, which isn't very practical!
  • MX5huggy
    MX5huggy Posts: 7,169 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You'll probably find that they don't have to put them online by law, my local national park planning does not but council does. Go to the planning office and look at them.
  • Annie1960
    Annie1960 Posts: 3,009 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    If the planning office is not being helpful, then you could try contacting one of your local councillors to ask them to make the plans available to you.

    Or take time off work and go into the council offices in person.
  • brightontraveller
    brightontraveller Posts: 1,379 Forumite
    edited 29 May 2015 at 4:10PM
    the_r_sole wrote: »
    I had a discussions with someone about this recently, I think there is a bit of leeway with what and how quickly things have to appear on the online portal - if you go to the office they have to give you the planning file which as a minimum has the planning form and documents submitted by the applicant.
    I think you would have a decent case for appealing any decision if you can prove that files were not made available online before the consultation period finishes...
    What’s the law/legislation that states they be made available online so that you can view them there? Never seen that and never ever heard an appeal based upon them not being available online can you state one… Be great not having to travel all around the country or the cost sols letters etc not to do so ?

    As far as I was aware they are only obligated to make them available for you to view and that's in the past at least always meant at there offices? Had many dealing with many different ones sometimes to ensure viewing has meant combination recorded delivery solicitors letter to guarantee so ? If after that they didn't make them available to view at there offices you may have grounds to appeal solely due to non access ? but online never ever heard of that ditto phone request etc ?
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 29 May 2015 at 5:02PM
    What’s the law/legislation that states they be made available online so that you can view them there? Never seen that and never ever heard an appeal based upon them not being available online can you state one… Be great not having to travel all around the country or the cost sols letters etc not to do so ?

    As far as I was aware they are only obligated to make them available for you to view and that's in the past at least always meant at there offices? Had many dealing with many different ones sometimes to ensure viewing has meant combination recorded delivery solicitors letter to guarantee so ? If after that they didn't make them available to view at there offices you may have grounds to appeal solely due to non access ? but online never ever heard of that ditto phone request etc ?

    They have to publish certain information on their website - there is a minimum amount that is required by the town and country planning act - not sure exactly what as this is what my discussion was about!
    As i said there are different rules regarding what goes on a website when and what you can get in person in the office - if they haven't published the information they are required to on their website then you may have a case for appeal.
    Some local authorities publish the bare minimum - some publish everything. Apparently their legal departments take differing views on the online publications...

    out of interest, which authorities have you had problems with?
    have just been told that I can only see the content of an objection if I make a formal request by one authority
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  • brightontraveller
    brightontraveller Posts: 1,379 Forumite
    edited 29 May 2015 at 5:43PM
    the_r_sole wrote: »
    They have to publish certain information on their website - there is a minimum amount that is required by the town and country planning act - not sure exactly what as this is what my discussion was about!
    As i said there are different rules regarding what goes on a website when and what you can get in person in the office - if they haven't published the information they are required to on their website then you may have a case for appeal.
    Some local authorities publish the bare minimum - some publish everything. Apparently their legal departments take differing views on the online publications...

    out of interest, which authorities have you had problems with?
    have just been told that I can only see the content of an objection if I make a formal request by one authority
    Greater London and a few metropolitan counties also Cornwall, Cambridge past few mths Admittedly more on a side of immediately being aware of an objection as opposed to objecting ourselves as never found any defined legal requirement to them to post via website neither has our legal representatives more that authorities do so. More that they make/have there own interpretations and even then very little consistency within same authorities on the matter and there appears no legal obligation to do so (For net )within set time scales or that it be grounds for appeal should they not ?
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    The publishing of certain information falls under the advertising requirements I think, if the application is determined without being properly advertised it would have to be redone - but they don't have to give any info on the content of representations, which is all I usually want to see!!
    They also don't have to show you the planner's report, only the decision notice! Love the legal advisors to local authorities... Making extra hassle for everyone just because they can
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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