Hi guys,
After going to ebuild and finding that it was closed, I managed to find you all again. My last post link below gives the background to my case.
http://www.ebuild.co.uk/topic/19183-which-drawings-will-the-inspector-determine-on/
I got the appeal decision yesterday and the Inspector decided to dismiss our appeal, in summary:
1. Inspector said he could not rule on revision A drawings as the LPA had not issued them to third parties for comment.
2. Insepctor said that he could not comment on revision A drawings as it would fetter the LPA's discretion in any future applications.
The reason he dismissed our appeal was the scale and mass of the proposal (which we had dealt with in revision A, but of course, he did not decide on that and would not comment). He concluded that there was no harm to neighbouring properties, but stated that there was harm to the conservation area in terms of the "environmental dimensions" (I don't know what this means?)
The LPA had already told us that they would refuse our revision A drawings for exactly the same reasons as the original submission hence why we didn't go for a resubmission when they refused and went straight to appeal asking the PINS to rule on revision A.
I understand that the PINS decision is final and I don't intend to go to the High Court. I spoke to PINS customer services this morning and the advisor was very helpful. She said that I can write to their quality team with any queries that I have, but she cannot tell me whether I will get a response to my questions.
I am considering whether I should use my free re-submission to resubmit the revision A drawings (so they can go out to third parties), but the LPA already made their mind up to refuse these when they told us they would have refused for the same reasons. I submitted my appeal on 31 Jan and got the decision yesterday (11 August). It's a long process.
Am I likely to get anymore out of the PINS?
Do I have a case against the LPA for Malpractice since they gave me an Extension of Time to consider my revised plans and then ignored it?
Thanks in advance.