Fighting Planning Decision

Holmbury

Thank You , yes, we checked online the minutes of that particular meeting but cannot find anything so have requested by email today.

Doozergirl

Holmbury wrote: »

Thank You , yes, we checked online the minutes of that particular meeting but cannot find anything so have requested by email today.

Changing the number of objections needed isn't unlawful though, is it? It's a local process, not a law. The Ombudsman might give them a rap on the knuckles, but that's all they get.

Your question is "We intend to fight this but what chance do we have (of having a decision overturned) without it costing thousands?

If your aim is to get it overturned, then the answer to that question is very simply 'none'.

martinsurrey

Doozergirl wrote: »

Changing the number of objections needed isn't unlawful though, is it? It's a local process, not a law. The Ombudsman might give them a rap on the knuckles, but that's all they get.

Your question is "We intend to fight this but what chance do we have (of having a decision overturned) without it costing thousands?

If your aim is to get it overturned, then the answer to that question is very simply 'none'.

as I find my self saying time and time again,

Doozer is spot on

Now that it has been approved your only real hope is a Judicial Review.

That ISNT a test of planning, its a test of process, if the process want legal, the decision is quashed (the council have to make it again) so unless you then have valid planning grounds as to why the planning inspector shouldn't have recommended it for approval in the first place, you'll still lose in the end, even after a successful JR.

(the last JR i saw cost over £100k)

http://www.richardbuxton.co.uk/the-law/judicial-review-process

lincroft1710

Holmbury wrote: »

We are opposed to it because it is overdevelopment on a rural site.

I know of many perceived over developments of urban sites. Cannot see that a rural site would be deserving of special treatment

It has a planning condition in place to be used as agricultural storage only.

If the council's planners attached that condition they can equally remove it

It will take away all privacy.

Very few places have total privacy so not a valid reason for pp to be refused

It will have a huge impact on our day to day lives.

This is a residential development not an abattoir or a glue factory, again not a good reason to refuse pp

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.

Very emotive, but yet again no reason to refuse pp

For about the past 2 or 3 centuries there has been intense rural development, especially around large towns and cities, many of whose suburbs were originally hamlets and tiny villages now completely hidden in an ocean of houses. I could give you hundreds if not thousands of examples

It is not going to stop, it is not going to get better, it is going to get worse. The UK needs houses and brownfield sites and redundant office blocks are preferable to greenfield. There is every chance that soon the greenbelt will lose its protected status.

Finally if the council had refused pp, the applicant could have appealed to the Planning Inspectorate, who usually will need a very, very good reason not to overturn the council's refusal. If the PI allow the appeal, then the only way to appeal their decision is to go to the High Court.

Holmbury

Thank You for all responses. Apologies if in my posts the terminology has not been technically correct but I have very little knowledge of planning or planning law. When you feel something is wrong it is natural to try and fight it.. but It seems the only thing we can reasonably expect is an apology for maladministration... or the very expensive alternative with no or very little guarantee.

Fuzzyness

da_rule wrote: »

If it has been decided under delegated powers then it may not be mentioned at all in a meeting. Schemes of delegation allow officers (employees) of the council to take decisions that fall within the scheme (based on value of the transaction, number of objections etc).

correct, although there will be a report written by the planning officer somewhere within the planning file that says why the proposal was granted planning permission.

da_rule

Fuzzyness wrote: »

correct, although there will be a report written by the planning officer somewhere within the planning file that says why the proposal was granted planning permission.

Our local authority has a planning portal that can be accessed that shows all applications and some documents (including the decision document).

tim123456789

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. 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.

Well I'm sorry to have to tell you, but as the council have approved it, it is demonstrably not an over-development of the site.

That is one of the few reasons that councils are still hot on when considering developments.

That the current occupier is in breach of the current planning permission does not preclude granting of new permission for that, or different, requirements. Retrospective permission happens all the time

It also can't be taking away all privacy, the council wouldn't allow that either (usually this requirement results in developers re-locating windows, not complete rejection).

You are over-reacting (as almost all objectors to new developments do)

Sorry

moneyistooshorttomention

da_rule wrote: »

Our local authority has a planning portal that can be accessed that shows all applications and some documents (including the decision document).

That is indeed the case. I have been able to just put in an application for my home area and I automatically get a weekly update of every single planning application made in the area and an email comes through automatically telling me every single application made in the last week. I duly had one turn up today and there must have been about a dozen or so things on there.

Other Councils aren't so efficient - and one has to make a deliberate effort to check (eg my current one is one that I have to find my way into at intervals to check).

It's always as well to check...

EDIT: and no...OP isnt over-reacting - we all have to fight the planners on a case by case set-up - as the pressure is absolutely enormous to squeeze in lots of extra buildings there honestly isnt the room for in any realistic way of looking at things. We can all only fight our own corner.

Doozergirl

moneyistooshorttomention wrote: »

EDIT: and no...OP isnt over-reacting - we all have to fight the planners on a case by case set-up - as the pressure is absolutely enormous to squeeze in lots of extra buildings there honestly isnt the room for in any realistic way of looking at things. We can all only fight our own corner.

And then accept defeat graciously when it happens, unfortunately.