Non Determination Planning Appeals

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    Non Determination Planning Appeals

    Anyone have any experience of non determination appeals which is where the Council fail to deal with a planning application within the statutory period (8 weeks) or any extension of time that has been agreed in writing.
    My planning application for a new house on an 0.4 acre plot has received a large number of (we believe) non material objections by neighbours who would prefer to have no development on land at the bottoms of their gardens on land which has lain undeveloped for 8 years.
    Although the Case Officer indicated no problems at first, he seems to have been intimidated by the neighbours and is stalling the application by not responding to rebuttal information we have made. Although appeals are supposed to be a last ditch option it seems that he is hoping that we will go for a non determination appeal which would remove the application from the Council's hands and be dealt with by the Planning Inspectorate. Are there any pitfalls with this kind of planning appeal?

    #2
    Yes I have experienced this situation when I needed consent for some decking.

    I patiently waited the 8 weeks only to be told that due to staff shortages blah de blah and that my plans were not accurate enough - so I built in anyway and got consent 2 weeks later. I am not saying you should do this.

    Try to negotiate with your planner as to what might be a successful application before flying off to appeal.
    Are there any previous applications in your locality for a similar build.
    Go and view the objections and try to assess if they have grounds.

    The DoE man will want to at least see some effort on your part to understand your neighbours' objections and make an attempt to meet them halfway before wasting tax payers money at appeal. It could be worth getting a planning consultant involved if your architect is not up to paving the way for something acceptable to be applied for.



    Freedom at the point of zero............

    Comment


      #3
      The DoE man will want to at least see some effort on your part to understand your neighbours' objections and make an attempt to meet them halfway before wasting tax payers money at appeal
      That is compeletely inaccurate as the Planning Inspectorate will deal with matters of planning policy only. No notice will be made of objections unless those objections are correct in relating to planning matters such as overbearing, overlooking or loss of residential amenity for near neighbours to the site.

      Any letters such as one I saw stating "this is a greedy property developer who doesn't even live in the village" will be ignored.

      Comment


        #4
        >Go and view the objections and try to assess if they have grounds.
        Ask them to email you a PDF copy.

        If your Planner is being recalcitrant it may be worth having a word with your local councillor to see if they can apply a little pressure to get it moving. Take care not to get it called in to Committee if that is not your intention.

        Or you could approach the head of planning with a concern about progress.

        In any case be impersonal and professional - if you attack the Planner the Head of Planning may become defensive.

        I wouldn't say that "just building it anyway" is a good approach with something as large as a whole house .

        If you are thinking of Appealing, I'd say spend a small amount of money on a review of your case by an experienced Planning Consultant before you choose your approach, who will be a good "critical friend". The 3-4 month appeal process could delay your project by another year by the time you have all your builders in a row after winning an Appeal.


        ML
        Refer Mad Regulators to Arkell vs Pressdram.

        Comment


          #5
          These days Planning Applications can be reviewed online including all drawings, documents and objections. No need to trudge into town and deal with disinterested minions!

          Find the council's planning pages and search using the address, no need to know the application number.

          Comment


            #6
            Not necessarily. Things have gone backwards recently.

            Some Councils do not put eg objections online, and more seem to be removing old plans etc.

            ML
            Refer Mad Regulators to Arkell vs Pressdram.

            Comment

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