Planning application amendment smell a rat

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    Planning application amendment smell a rat

    Dear All,

    A neighbour of mine recently submitted an application to build four town houses and parking for twelve cars in the back gardens of two houses they own. The gardens of the two houses surround another house that is sandwiched between them. Access will be via a single driveway/garage that is owned by the applicant and next door to the middle house. On the plans the applicant states that they will remove part of the driveway wall to achieve requisite visibility splays as the site will join a road/pavement. On checking the deeds the applicant does not own the wall. This has been outlined in the objections several times. The wall belongs to the middle house who have also objected to the scheme and are adamant that they will not allow the wall to be removed.

    Myself, a planning consultant, other neighbours, the ward councilor and the head of environment of the local council submitted robust (planning relevant) 28 or so objections. Indeed the local councilor requested that the application should be decided by the planning committee. Straight after the notice for committee decision was posted on to the 'planning portal' the applicant re-submitted plans for two bungalows with parking for six cars (The submitted plans again stated that they would remove the boundary wall). No supporting documents apart from a coal mining statement were submitted. This was swiftly followed by a revised neighbour notification list including all the objectors. The revised scheme still also falls foul of a number of 'development plan policies' that have previously been outlined. We will of course object again but without supporting documents our objections may be invalid.

    My planning consultant has advised that as this is major material change that the original application has to be withdrawn and a new application needs to be submitted to include design and access statements. He has written to the planning office requesting that the application is withdrawn.

    I am beginning to smell a rat! Is this justified and should I be considering a legal route?

    Hope someone can help?

    Neil





    #2
    Seems like you have a lot of money to throw at this problem if you are considering a legal route, if this is the case have you thought about buying the middle house? This would most likely resolve the issue if they were willing to sell.

    It is usual for an application to be withdrawn especially if their is a material change in the design, otherwise you would be waiting for the result of that planning application.

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