How to dispute/comment on Planning Application that has already been decided

Cash-Cows

This is a revised scheme which had planning permission in 2017. They could in theory build that anyway. 

user1977

penners324 said:

Complain to your local MP, they may he able to persuade the Home Secretary to review it.

Extremely unlikely though 

Can you explain the process you're thinking about here?

onylon

They don't have to inform you. In my old flat they didn't inform residents of the planning application to turn communal areas into more flats. The council defended this saying that they did put a notice on a lamp post that was hidden down a side street away from our property. Less controversial planning notices were put on the lamp post directly in front of our flats so we all thought they hid it on purpose.

princeofpounds

user1977 said:

princeofpounds said:

Judicial review perhaps, but you have to move fast and it's expensive.

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

Way too late for that, the decision was issued last June.

An Ombudsman complaint isn't going to overturn the planning decision, and it's not clear the OP has any grounds for a complaint anyway.

Totally take your point on the deadline - I didn't bother to go and read the link and work out the timescales.

An ombudsman complaint never overturns planning decisions, as far as I'm aware. But they can force the council to install mitigation measures or pay compensation. 

Whether the OP has grounds or not for a complaint is complicated due to the way they ombudsman considers these cases. Not being informed of an application is definitely a ground, but the ombudsman will look at your objections and, if it believes they were properly made by other submissions, then it won't uphold the complaint. If the OP has quite specific objections they may well take it on.

Section62

sipsachin said:

When reading through the comments etc. I can see only 18 neighbours comments for such a big project. To me, that suggests either not enough people knew to do this or were oblivious to the situation as there was no/lack of communication. Additionally, the public discussion meeting took place during the prime of the first lockdown, where again my household was not told this was happening.

The development at the A5 end of Capitol Way (similar in terms of number of units) only had 14 comments (application 08/2823).

From my own experience with developments of this nature, residents generally only get interested in the impact once the scale of the development becomes apparent.... and that's often several years after planning consent was granted.  The scale of the response also depends on the permanence of the local population - areas with a population who've lived in the area for a long time and/or intend to stay there a long time tend to be more vocal about change than areas where the population is more transient. Anecdotally I'd suggest this area of London has a relatively transient population, and therefore less interest in resisting inappropriate development.

The site you are concerned about is currently an industrial building in an industrial estate - that in itself limits the potential number of residents who might object.  18 responses for this application doesn't strike me as being that low, all things considered.

sipsachin said:

Any suggestions and advice on what I can do would be very helpful or how I should handle the situation?

Routes to having the application overturned are all closed to you, given the amount of time which has elapsed.  Sometimes 'out of time' applications for judicial review are considered, but with planning applications the courts tend to set a high threshold - the view is that developers/landowners (who would be most affected) should be allowed to get on with their development once consent has been granted, without the fear of delays due to late challenges.

In addition, the grounds you have (not being individually notified) will not carry much weight.

Your best hope is to make a complaint to the Ombudsman and see whether they are minded to award you a small amount of compensation if the council have failed to follow the relevant processes. You might get lucky, but if so, a figure of (say) £50 is probably the most you'd get.

sipsachin

[Deleted User] said:

Do you really want to object? You have a house, you are lucky. Think about the people who don't and who need these new flats.

Andthen07 said:

Is this a case of not in my back yard?

Yes if there is a case I would like to have my say. For me at the end of the day, these buildings are going to be built and if as a resident you have been there since childhood (a long time) and can see the change for better or worse and have the opportunity to say something you should.

I rather not have a 12 story high building overviewing my garden - even if it built 4 stories from street level to 12 stores at the back - the height of the industrial park has been like that for ages and is not intrusive, as no windows facing us and as the height increases, privacy will be issue

sipsachin

user1977 said:

penners324 said:

Complain to your local MP, they may he able to persuade the Home Secretary to review it.

Extremely unlikely though 

Can you explain the process you're thinking about here?

We did have a local MP stop by a couple of weeks back canvassing for local elections - he raised the point of sending a letter to MP and council too but when we did for another matter they did not reply - when I said that he gave the usual explanation that they are busy and send it again. 

Regarding the issue this post is about - he said if you can get enough neighbours who feel the same way - you can create a resident ..... (something) [similar to what a parish does I assume] who would have power over what happens in your local area 

sipsachin

Section62 said:

sipsachin said:

When reading through the comments etc. I can see only 18 neighbours comments for such a big project. To me, that suggests either not enough people knew to do this or were oblivious to the situation as there was no/lack of communication. Additionally, the public discussion meeting took place during the prime of the first lockdown, where again my household was not told this was happening.

The development at the A5 end of Capitol Way (similar in terms of number of units) only had 14 comments (application 08/2823).

From my own experience with developments of this nature, residents generally only get interested in the impact once the scale of the development becomes apparent.... and that's often several years after planning consent was granted. 

I think this like many, as I think people don't realise the size of it till they see it. When I came back from uni I researched and saw that it got accepted and thought it is too late - hence reason of making this post

sipsachin

onylon said:

They don't have to inform you. In my old flat they didn't inform residents of the planning application to turn communal areas into more flats. The council defended this saying that they did put a notice on a lamp post that was hidden down a side street away from our property. Less controversial planning notices were put on the lamp post directly in front of our flats so we all thought they hid it on purpose.

Kinda of a sneaky way of doing it - legal but sneaky

user1977

sipsachin said:

user1977 said:

penners324 said:

Complain to your local MP, they may he able to persuade the Home Secretary to review it.

Extremely unlikely though 

Can you explain the process you're thinking about here?

Regarding the issue this post is about - he said if you can get enough neighbours who feel the same way - you can create a resident ..... (something) [similar to what a parish does I assume] who would have power over what happens in your local area 

Yes, that might help in relation to a planning proposal which hasn't yet been determined. But you can't do anything about a planning permission which was issued last summer.

You may of course want to pay (more!) attention to what happens to the site, as often schemes change and there might be a further planning application if there is an amended design.

But bear in mind that planning objections are only going to be of any value if they raise something which is (a) relevant from a planning point of view, and (b) which hasn't otherwise been covered by the planners' own review of the application or other people's comments. They'll have considered the height of the development, overshadowing etc.