Is it possible to appeal a completed planning decision on misinformation grounds?

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    Is it possible to appeal a completed planning decision on misinformation grounds?

    Good morning

    We have a development of a property going on at the end of the garden (including windows looking straight into our yard), which when planning was applied for was "shown" as being next door. The Local Authority have glossed over this as being a dodgy database issue, however I was not minded to contribute to the discussion as it was presented, since I was not the "victim", but that was shown as being the bank next door (who I assume had no interest in contributing).

    It seems clear to me that presenting an application with the wrong location should invalidate it, as otherwise you could use this to your advantage. However I sense the LA are a bit embarrassed about this and will try very hard to bluster their way out of it. This is apparent from their response to my enquiries.

    Is there anything I can do to force them to reopen the planning application.

    Regards

    #2
    Write to the planning department clearly illustrating the mistake and copy the letter to your local MP, the leader of your local council and inform the local press. The more people you tell the more shame is heaped on the planners - lazy good for nothings, too much pension, never at work, always on leave..........I could go on.

    What you have to work out is if you had made an objection would that have been likely to stop the development?



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

    Comment


      #3
      Originally posted by fathippy View Post
      We have a development of a property going on at the end of the garden (including windows looking straight into our yard), which when planning was applied for was "shown" as being next door.
      The way to challenge a Local Authority decision would normally be via Judicial Review which is a pretty costly exercise that needs to be started in the High Court - you're looking at something like Ā£10-20k in fees. Also, public authority decisions can only be challenged during very limited timescales which will likely have lapsed if the decision has been given a fair while ago. So I think your legal remedies may be somewhat limited -- but it is worth getting in touch with a Judicial Review specialised solicitor ASAP to see if they are interested. You need to act quickly on this though.

      In addition follow the advice of Interlaken and stir up enough fuss...

      Comment


        #4
        Interlaken,

        I would have to wholeheartedly agree with your first paragraph. On the second point - that is a good question. I was of the (perhaps mistaken) belief that ones privacy was paramount and that no-one could just create windows overlooking someones back yard. I dont know why it was given the green light, but if it was re-opened, and I had the chance to comment along the lines of "hold on - that is an invasion of my privacy" - would it make any difference?

        In response to matti also, this is a fairly new issue as they have only just started work - the original planning was in 2011 and amendments were filed in 2013. In both cases they were mapped as being the premises one door down from us.

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          #5
          Originally posted by fathippy View Post
          In response to matti also, this is a fairly new issue as they have only just started work - the original planning was in 2011 and amendments were filed in 2013. In both cases they were mapped as being the premises one door down from us.
          Yeah - it depends. The normal time limit for Judicial Review is three months maximum, so likely this is still too late. I think you would need to speak with a solicitor who has experience in JR to see whether you can get leave to apply given you weren't served any notice about it (or rather incorrect notice).

          Comment


            #6
            Try asking for the 'overlooking windows' to be in opaque glass - I have used this successfully in the past.

            No, you don't have the right to not be looked at. Try planting fast growing Lleylandii hedge.



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

            Comment


              #7
              You are unlkely to get things reversed which have been built.

              ie if the windows are in the wall now and it is built to roof level your goose is probably cooked.

              If it is not there yet you may get it changed but will have to make one hell of a fuss, and maybe offer to pay or it, if you can't prove something unlawful or unacceptable in Planning Terms. Persuasion may work better than confrontation, and it may help to have the Planning Officer intercede for you.

              You can perhaps pause it via an injunction if you can prove a legal issue (eg building on your garden) but Planning has nothing to do with Civil Legal questions and you will have to do it off your own back.

              That you did not sufficiently notice the content of the Planning Application to realise that it would cause you a problem will be treated as your negligence in not paying sufficient attention, which - to be fair - is perhaps what happened.

              You may be able to get things changed if they are not in accordance with approved plans - sweat the detail. They will need to know that you are watching like a hawk to make sure they follow the plans exactly. A common trick is that people put clear glass into windows required to be obscure; another is quietly to make windows larger.

              It is quite common for planners to miss things. eg I had a neighouring restaurant developed to pass sewage into a domestic septic tank shared with a neighouring bungalow. They claimed they were on mains sewer (which was a half mile away at best) and bullied the neighbour. The Council missed it completely.

              There are complaints processes which can result in compensation if you are found to have been treated unjustly. The starting point is the Head of Department.

              It's not an easy game to play. Good luck. You will need to be obsessed.

              M L
              Refer Mad Regulators to Arkell vs Pressdram.

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