Quizzes & Puzzles1 min ago
Planning Appeal - questionable practice
A neighbour has a largish garden and has applied for Planning Permission for a 2 story house in his back garden
This was rejected due to lack of space - so they put in an application for a bungalow - which in turn was rejected (on the same grounds) - they have appealed on the original application (FULL sized house) - rather than the second application (bungalow) - NEITHER will fit in to the space
I believe that if they do get PP accepted - they will rush the build and put a 2 story house iright n my eyeline - however the appeal process is going on at the moment - And as a local resident - my opinion is not requested - The local council have tried to hide this appeal by not mentioning it on their website planning section !!
Comments please...
This was rejected due to lack of space - so they put in an application for a bungalow - which in turn was rejected (on the same grounds) - they have appealed on the original application (FULL sized house) - rather than the second application (bungalow) - NEITHER will fit in to the space
I believe that if they do get PP accepted - they will rush the build and put a 2 story house iright n my eyeline - however the appeal process is going on at the moment - And as a local resident - my opinion is not requested - The local council have tried to hide this appeal by not mentioning it on their website planning section !!
Comments please...
Answers
Best Answer
No best answer has yet been selected by SteveSx1. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I don't believe that there is an obligation for the local council to advertise the fact that the applicant has decided to go to appeal.
The reason why you are not now consulted is because you have already had your chance to have your say when the planning application was made. All the papers associated with the original application that was turned down (including anything that you and others may have written) goes to the Planning Inspector for him/her to evaluate. No new evidence is presented by others (than the applicant and the Planning Office) at this time. The Inspector decides on grounds of level of contravention to the planning polices.
Under planning laws you are not entitled to a view - the main planning issue here may be they are not entitled to overlook your rear garden - but such issues can be often solved by fitting obscure glass in habitable rooms that do overlook.
I think you will have to sit it out and see what the Inspector decides
The reason why you are not now consulted is because you have already had your chance to have your say when the planning application was made. All the papers associated with the original application that was turned down (including anything that you and others may have written) goes to the Planning Inspector for him/her to evaluate. No new evidence is presented by others (than the applicant and the Planning Office) at this time. The Inspector decides on grounds of level of contravention to the planning polices.
Under planning laws you are not entitled to a view - the main planning issue here may be they are not entitled to overlook your rear garden - but such issues can be often solved by fitting obscure glass in habitable rooms that do overlook.
I think you will have to sit it out and see what the Inspector decides
I am going through a similar situation SteveSx1,if you have written a letter to the planning office against the build they are supposed to keep you informed of any further action regarding that application.When my problem went to appeal I was asked by letter if I had anything else to add and invited to the appeal hearing, as was everyone else who had written. At the meeting we requested an on site visit so that the appeal official could see for himself how it would affect everyone and he actually came, looked and talked to both parties. We are still waiting for an outcome. One thing though,you are not entitled to a view, but they can't overshadow your property or build above the roof line of adjacent properties. If you are worried about the way the planning office has dealt with this ask to talk to the officer who is dealing with it and voice your concerns.
Hi, I'm a planning officer and we always have to advertise appeals and send copies to the Planning Inspectorate to prove that we've done it, but this is limited to immediate neighbours only, so you might want to check with the planning officer if this has been done and if you were included. I believe you can make comments directly to the Planning Inspestorate even without being invited, if you are within the prescribed dates (check the Planning Portal). However as other posters have mentioned, everything received on the original application is automatically forwarded to the Planning Inspectorate as well. If the appeal is going to be a hearing or inquiry you will be entitled to attend but the majority are dealt with by written representations only. Let me know if you need any other details.
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