Fighting Planning Decision

Holmbury

We have been objecting to a residential planning application. Small rural site with 9 dwellings. All residents objected as did the parish council. We were told the decision would be determined by committee (we have emails confirming this from Council & Councillor), being that the November & december meetings were full would prob go to January. This week we received a letter from Council stating that the decision had been made by delegation and approved. They stated that there had been a change in the scheme of delegation as the total number of letters of objection needed had now increased. (They are now saying need 9, there are only 7 households, the other two being owned by the applicant.) We intend to fight this but what chance do with have without it costing thousands??

davidmcn

You don't. If you have grounds for a judicial review (and I don't know whether you do), that's a significant legal cost.

Doozergirl

You can't fight it, it's been approved! Not unless you really do have thousands upon thousands and even then you have to prove that the decision was unlawful. And that may not get the decision overturned.

Your councillor should have 'called it in' to committee. It doesn't need a certain number of objections if it is called in.

Enjoy your new neighbours

Holmbury

Thank You..... we have emails between the Council and the Councillor confirming it was going to Committee, date just to be decided. So I guess it is down to the Councillor to bring to the planning diary?.

teneighty

As it is a procedural issue rather than just the decision you can go to the Local Government Ombudsman.

Holmbury

davidmcn wrote: »

You don't. If you have grounds for a judicial review (and I don't know whether you do), that's a significant legal cost.

Thank You.... we are waiting initial responses from Council & Councillors. This may be something to look into.

Fuzzyness

as others have said above you have very little chance of getting the decision reversed. even if it had gone to committee there is still a more than evens chance it would have been approved.

why are you so opposed to the development?

tim123456789

Fuzzyness wrote: »

as others have said above you have very little chance of getting the decision reversed. even if it had gone to committee there is still a more than evens chance it would have been approved.

why are you so opposed to the development?

If it's anything like the objections to the estate that I am currently sitting in, it will be because:

"a rapacious developer will make an unjustified profit"

I kid you not

tim

Holmbury

tim123456789 wrote: »

If it's anything like the objections to the estate that I am currently sitting in, it will be because:

"a rapacious developer will make an unjustified profit"

I kid you not

tim

We are opposed to it because it is overdevelopment on a rural site. It has a planning condition in place to be used as agricultural storage only. It has already had some alterations and therefore in breach. It is completely overlooking one property ours) and partly others. It will take away all privacy. We are not just disgruntled objectioners!! It will have a huge impact on our day to day lives. We actually feel like moving away at this moment in time but doubt will now sell our property..... if we do I'm sure at a loss.

Bob_Bank_Spanker_2

Holmbury wrote: »

We are opposed to it because it is overdevelopment on a rural site. It has a planning condition in place to be used as agricultural storage only. It has already had some alterations and therefore in breach. It is completely overlooking one property ours) and partly others. It will take away all privacy. We are not just disgruntled objectioners!! It will have a huge impact on our day to day lives.

I'm afraid planning conditions can, and do, change frequently. As we as a society move around, we have a surplus of houses where we don't need them, and a shortage where we do. Every single development has objections, and your privacy is not in any way legally groundbreaking, nor should it necessarily stop something that will alleviate the housing shortage.


As others have said your only real ground is to fund a judicial review (if you have grounds to). A close relative is a planning lawyer, however this is a niche area, and she doesn't come cheap - this will cost 5 figures.

moneyistooshorttomention

Holmbury wrote: »

They stated that there had been a change in the scheme of delegation as the total number of letters of objection needed had now increased. (They are now saying need 9, there are only 7 households, the other two being owned by the applicant.)

Have you checked the details of that "scheme of delegation"?

My first thought would be wanting to see "chapter and verse" for that in writing and the date this change was made. Just to check I was being told the truth about that or whether there were any useful "technicalities" they hadnt complied with.