Objecting against a planning appeal.. how?

clutton_2

if you are an immediately adjacent property, then the council has a statutory duty to inform you in writing at your home address of the initial planning application - so that you can object - if you are adjacent, you could try asking for an increase in the current time allowed for objections as the statutory notices were not sent out ......

Debt_Free_Chick

jimc wrote: »

Watch your back on this one!

There have been a series of 'dodgy' planning applications around here where it seemed that the application was obviously going to be knocked back (Grade II listed, local amenity, contrary to local plan etc.) but a sneaky move got it through on the appeal! In every case the tactic was the same - The original planning application was made for a ridiculously overcrowded use of the site. Despite the other reasons for refusal, the application was refused on the grounds of overdevelopment. The developer immediately appealed with a less intensive plan and, lo-and-behold, because the original refusal only mentioned overdevelopment, the new plans were approved!

Sorry, but I don't see anything "dodgy" about that. The local authority's LDF will clearly state if any particular area is not to be developed. If it doesn't, then the area can be developed ... but there might be restrictions. One restriction might be density ... so if the original application exceeded the permitted density, then a new application with lower density is likely to succeed.

The reasons for refusal are intended to be clear. Applicants need to know exactly why they haven't got the permission they applied for. Otherwise, the process is "secretive" and it's deliberately intended to be open.

We lost our grade II listed local pub and another a few miles down the road that way. The local effort put into the first campaign against the developments just couldn't be revived in time for the appeal. The developer dropped the redevelopment from the original 50 flats to 20 or so and argued that the Grade II listing was invalid because the pub-owner had replaced an old window because of break-ins. (The developer saved that for the appeal.)

Objections count for nothing. Either the (new/revised) application meets the development criteria, or it doesn't.

Through on the nod.

Only because it met the development criteria

Keep an eye on it and compare the old plans with the new. If the original reason for refusal was 'too intensive' watch out for a simple reduction in number of flats.

Which might be exactly why it DOES get planning permission.

You need to understand that the planning laws actually DO PERMIT development, but only within the stated policies and national planning law. Planning law is there to control development ... not simply to refuse it.

UK007BullDog

Yeah Bristol is the one overriding the local planning.

I was in a different situation. One of my neighbours in another street wants to convert her garage but the local planners said no. She lives in house no 6 and just 6 months earlier a house further down in no 2 got a yes doing the same thing. That is not fair. I wrote a letter stating I have no issues with her doing the conversion. All the other neighbours dont give a rats backside what is going on here. Still have not heard back. In the mean time I am enjoying a really nice bottle of wine from my neighbour.

fimonkey

Debt free chick, thank you SO much for your time and effort in this, you obviously know your stuff and your advice is appreciated. I sahll re-read the pink notice tomorrow re: the appeal and where objections should be sent to. In the meantime, here's the link to the current application http://webapps.christchurch.gov.uk/PlanningApplications/pages/ApplicationDetails.aspx?Application=8/08/0158&Authority=Christchurch%20Borough%20Council and the old application http://webapps.christchurch.gov.uk/PlanningApplications/pages/ApplicationDetails.aspx?Application=8/07/0706&Authority=Christchurch%20Borough%20Council

We are in an adjacent property, but as it's rented I wonder if the notification was actually addressed to the landlord (who owns the flat downstairs and has that as his secondary residence so his post is delivered there too).

After getting home tonight, I've realised the new development will completely block out our evening sun (our west window is the only window for the corridor, it's quite dark on a morning when the sun's rising), and therefore light. Is this a ground for objection?

clutton_2

its my understanding that blockages of light into "non-rooms" does not carry as much "weight" as a ground for an appeal - but I'm sure the brilliant Debt FC will inform us!!

kizzykizzywizzy

I really feel for you, I have been fighting since 2001 for a developer not to be able to build 2 "chalet bungalows" - in other words, houses, to be built behind my property several sets of plans were submitted, & refused, he appealled to John Prescotts office, it was thrown out. He re-submitted the plans allowing for 2 parking spaces & leaving some gates that secure the rear to our property & lo & behold it was agreed.
The stupid idiot didn't have access for vehicles though, so now is trying to get the 2 points in which his planning was agreed - parking spaces & gates removed!!
I have emailed the planning dept & have yet to hear the result.
It has been years of hell, sometimes I think if they are going to let him do it anyway I wish I'd given in, in the first place!
Good luck, hope your battle is shorter than mine

fimonkey

Well to update an old thread... THE PLANNNIG APPEAL WAS REFUSED!! HURRAH!. Agani on the grounds of density and being 'out of keeping' with the neighbourhood (pretty much what I rote in my objecting letter actually).

Now then, once an appeal is lost, can a second appeal happen, or a re-submission of revised plans? Hopefully however, the developer will have his eyes open to the current housing market wobbles and not bother.... but I'll be keeping my eye out for any more pink notices!

the_walrus_2

Quote:

"If your planning application is refused and you think that the proposal could be altered to make it more acceptable it can be submitted again with different plans. In certain circumstances another application fee may not be needed. However, the proposal must be of a similar nature. If you intend to submit another application, you should discuss this with the case officer. The alternative is to appeal against the refusal by contacting the Planning Inspectorate and obtaining the necessary forms. Further information on lodging an appeal can be found on the Planning Inspectorate's website."

fimonkey

Thanks the_walrus, but it was an APPEAL that was turned down, after the initial planning application was refused the builders re-submitted their plans with a few amendments which was also refused, then they appealed, and it was the appeal I was kicking off against, and wondered if they could then appeal against an appeal decision - so to speak.....

..... I seriously doubt they will still go ahead now though, to squash 8 flats into the space of one bungalow, or even just two flats! New build prices round here are beginning to drop like the proverbial brick.

the_walrus_2

Sorry Fimonkey, it's highly unlikely they will appeal against an appeal. It has to be based on a point of law and must be made through the High Court. A new proposal who have to be substantially different. Most developers involved with this kind of building would look elsewhere. The decision will deter others too from submitting similar plans.

So I would say your sunlight is safe.;)