Fraudulent planning permission?

steve_gus

my mother recently had a letter from the planning dept that next door was going to put up a 6 mtr long extension down the centre line of the semi detatched house.

She was given 30 days or so to object, or the planning approval would go through by default. She objected by email and by letter.

We have just found out that planning went through as an email was received, that wasnt sent by her, that the objection was removed. Its only the neighbor that would have reason to commit this false representation, pretending my mother had withdrawn the complaint.

Has any offence occurred here, and is the council obliged to withdraw this falsely obtained planning permission?

m0bov

Can they show you the e-mail? If its from another address then its easy to show its false.

G_M

Go and speak to the planners, and follow up with a formal letter.

Since both the objection, and the subsequent email withdrawing the objection, purport to come from her, there is no confidentiality breach in asking to see it.

I suspect that once PP has ben granted it is hard to get it withdrawn, but a criminal offence may well have been committed.

Ask to see the email.

princeofpounds

The letters/emails are all a matter of public record and will almost certainly be online attached to the case file.


I also agree that this may end up being a police matter. But I would also caution that it is highly likely the planning would have been granted anyway, even with the objection outstanding.

moneyistooshorttomention

I would be fearful as to whether the planning permission would be withdrawn now - even though fraudulently obtained by the look of it.

But you never know - its worth a go to try and I would certainly be out to ensure the neighbour was done for fraud regardless (if this is her doing).

Put it this way - that if the neighbour is the sort of person who would think of doing this, this may not be the only misdemeanour she has committed and she needs to be stopped in her tracks from thinking she can get away with this sort of behaviour.

stator

Is this a full planning application or a neighbour consultation scheme?

steve_gus

Hi
The neighbor is a guy, for what that matters

It was a letter from the planning dept to her and the local neighbors with plans of the structure. It asked for complaints if any by a specified date. Written and emailed complaints were made.

The building was close to being a permitted development but it does take up more than 50% of the land by the look of it and part is over the max permitted "on the nod" height.

The govts recent development changes allowing a 6 mtr length single storey on a semi means it will put a large 6 mtr by 3+mtr high wall virtually down the boundary of what was a normal fenceline with views 180 deg directly over green belt land.

It seems rather stupid that all you need to do is send fraudulent emails the day before the complains process stops, saying all the neighbors retract the complaint, and it goes through on the nod and there is no comeback?

If wondering if the police will give a flying proverbial about investigating, tho its likely to be an easy win for them, as who else would want to create the fraud apart from the next door guy.

libf

steve_gus wrote: »

It seems rather stupid that all you need to do is send fraudulent emails the day before the complains process stops, saying all the neighbors retract the complaint, and it goes through on the nod and there is no comeback?

And this is why it is probable that the application would have been successful regardless of the complaint. What were the grounds for the complaint?

moneyistooshorttomention

steve_gus wrote: »

Hi
The neighbor is a guy, for what that matters

It was a letter from the planning dept to her and the local neighbors with plans of the structure. It asked for complaints if any by a specified date. Written and emailed complaints were made.

The building was close to being a permitted development but it does take up more than 50% of the land by the look of it and part is over the max permitted "on the nod" height.

The govts recent development changes allowing a 6 mtr length single storey on a semi means it will put a large 6 mtr by 3+mtr high wall virtually down the boundary of what was a normal fenceline with views 180 deg directly over green belt land.

It seems rather stupid that all you need to do is send fraudulent emails the day before the complains process stops, saying all the neighbors retract the complaint, and it goes through on the nod and there is no comeback?

If wondering if the police will give a flying proverbial about investigating, tho its likely to be an easy win for them, as who else would want to create the fraud apart from the next door guy.

Well....actually...and put like that. Its not just that the neighbour seems to have committed fraud (and does need to be punished for that). It would also appear the Council has been negligent - in that they should have checked that the apparent "retraction" did come from the person it said it was from.

With that - I would be out to make it plain to the Council that they darn well WOULD retract any planning permission - or else I'd be trying to land them in it for negligence. If that didn't work - then I would indeed land them in it for negligence.

I would rate the odds as at least 50/50 in my favour that I could be convincing enough to that negligent Council that they would indeed be in deep do-do if they didn't "bend things a little" and retract that planning permission they should never have given.

DO have a "serious talk" with the Council and point out the error of their ways and, if need be, get your MP in on this. The fallback position - ie if they still wont see the error of their ways - is you go to the local papers and land them in it that way with bad publicity (and, with any luck - and maybe a phonecall to be sure of it - you manage to attract the attention of the national newspapers).

Semple

I think your only route of getting anything done would be via the Council, i can't see the police doing anything about it - they would just cite it being a civil matter.

Whilst the neighbour is likely the only one with motive to fraudulently claim the other neighbours have no objections to his extension, it would still be a case of proving it.

System

The building was close to being a permitted development

So the chances of PP being refused look pretty slim anyway.

Nothing really lost unless you can prove that the objection was of sufficient strength and validity to cause PP to be refused if it had been considered