Dropped kerb - appeal

princeofpounds

I think you're starting to get it, but the situation you have ended up in is nothing to do with highways. They gave their answer as requested and it was acceptable to you.

If a mistake was made, it was because of what planning initially told you. If they did actually tell you that they were only deciding on the removal of the wall, then that was simply incorrect. Because you live on a classified road, you need planning permission for the dropped kerb too.

I think some people are being slightly unsympathetic here; nobody knows planning policy in advance - the planning authority should be able to give out accurate information when questions are asked of them and this statement about their responsibility was wrong. On the other hand it's an easy mistake to make; the person you were speaking to may not have known you were on a classified road, or may have just been speaking informally (I assume this wasn't a formal consultation appointment?*).

However, being misled has zero bearing whatsoever on the planning decision, so you have to put it out of your head. What you need to do is find out about planning policy in reference to dropped kerbs on classified roads, and see if you think the decision has been made in accordance with that or not.

Another alternative might be to try to demonstrate that the loss of the on-street parking bay will not exacerbate parking problems on the road - that sounds hard to do, but perhaps there are ways. You may want to consider if creating an extra parking space on your own property would allow one of your own vehicles to be taken off the road. Or, an independent parking survey might be evidence to show that there isn't parking stress, if there are always spaces free. I can't say either of those will work or are a proportionate response, but the bottom line is that the planning officers/committee will want some kind of justification that the move is in accordance with policy. 

It might be overkill, but you could try a consultation with a planning consultant who has dealt with these things before (is probably an ex-planning officer). Or, the cheaper version - look at similar planning permissions on the council planning portal and see what people have done to secure permissions or not. Even better if you can view appeals too, as those may cut to similar issues that you are experiencing. 

* If it was, and if you have evidence that this was what was said, then you may have more grounds for complaint. Although I think the most you could hope for would be your fee back. The Local Government Ombudsman has the discretion to consider complaints about planning, but normally they don't take on cases because they won't cover planning issues due to the existence of an appeals process. However, if the complaint is not something that can be addressed through appeal they may look at it. However, it does precisely nothing to help you get your dropped kerb and is probably more hassle than it's worth. Plus the planners will probably harden their attitude towards you.

https://www.lgo.org.uk/make-a-complaint/fact-sheets/planning-and-building-control/how-your-application-for-planning-permission-is-dealt-with (the stuff especially relevant to you starts about halfway down)

rase111

princeofpounds said:

I think you're starting to get it, but the situation you have ended up in is nothing to do with highways. They gave their answer as requested and it was acceptable to you.

If a mistake was made, it was because of what planning initially told you. If they did actually tell you that they were only deciding on the removal of the wall, then that was simply incorrect. Because you live on a classified road, you need planning permission for the dropped kerb too.

I think some people are being slightly unsympathetic here; nobody knows planning policy in advance - the planning authority should be able to give out accurate information when questions are asked of them and this statement about their responsibility was wrong. On the other hand it's an easy mistake to make; the person you were speaking to may not have known you were on a classified road, or may have just been speaking informally (I assume this wasn't a formal consultation appointment?*).

However, being misled has zero bearing whatsoever on the planning decision, so you have to put it out of your head. What you need to do is find out about planning policy in reference to dropped kerbs on classified roads, and see if you think the decision has been made in accordance with that or not.

Another alternative might be to try to demonstrate that the loss of the on-street parking bay will not exacerbate parking problems on the road - that sounds hard to do, but perhaps there are ways. You may want to consider if creating an extra parking space on your own property would allow one of your own vehicles to be taken off the road. Or, an independent parking survey might be evidence to show that there isn't parking stress, if there are always spaces free. I can't say either of those will work or are a proportionate response, but the bottom line is that the planning officers/committee will want some kind of justification that the move is in accordance with policy. 

It might be overkill, but you could try a consultation with a planning consultant who has dealt with these things before (is probably an ex-planning officer). Or, the cheaper version - look at similar planning permissions on the council planning portal and see what people have done to secure permissions or not. Even better if you can view appeals too, as those may cut to similar issues that you are experiencing. 

* If it was, and if you have evidence that this was what was said, then you may have more grounds for complaint. Although I think the most you could hope for would be your fee back. The Local Government Ombudsman has the discretion to consider complaints about planning, but normally they don't take on cases because they won't cover planning issues due to the existence of an appeals process. However, if the complaint is not something that can be addressed through appeal they may look at it. However, it does precisely nothing to help you get your dropped kerb and is probably more hassle than it's worth. Plus the planners will probably harden their attitude towards you.

https://www.lgo.org.uk/make-a-complaint/fact-sheets/planning-and-building-control/how-your-application-for-planning-permission-is-dealt-with (the stuff especially relevant to you starts about halfway down)

Thank you so much for this information and setting it out clearly, I really appreciate it.   The planner has been in touch and would like to discuss with me further so I will make a decision following our conversation.  

I will take your advice and review all the documentation you have referenced.  Thank you again!