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Showing content with the highest reputation on 04/19/18 in Blog Entries

  1. There are different views about Planning Consultants, and whether they should be used. This is a short example of a Planning Consultant offering superb advice, that most of us self-builders would perhaps not think about. The Problem I have just received a Planning Permission, after 3 months of engagement with the Council. It is a commercial Change of Use but the lesson applies to self-builder permssions. We received our permission, but on the last morning the Planning Department applied an unacceptable Planning Condition which threatened the whole project. The Planning Condition clearly violates several of the basic tests. This condition had not been mentioned in the previous months of consultation, and I did not see it until it appeared on the Decision Notice. At this point the Planning Application has been "determined" (ie decided and frozen), so the Condition cannot be modified without a further Planning Application or an Appeal to the Planning Inspectorate. The problem is that a Full Appeal gives the Inspector the opportunity to reopen the basic Planning Application, and modify it - which I do not want. The Solution The recommendation from our Planning Consultant was: 1 - To apply for a Variation of the unacceptable condition, which might be accepted, then... 2 - To Appeal the Refusal of the application for the Variation if we need. The advantage is that we then if needed we can get a Determination by the Planning Inspectorate on the narrow point, while keeping all the other acceptable aspects of our Planning Permission out of their scope. The Learning Point As self-builders, we think about discharging Planning Conditions at the end of the build process. The same process can be used to vary them before we start building. It takes extra time and a fee, which is smaller than a Full Planning Application fee for a new dwelling, but does not run the risk of reopening the entire Permission to change. More information The appropriate form on the Planning Portal. Explanation of Planning Condition Variations on the Government Website.
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