Desperatelyseekinganswers

Ferdinand, not sure what the pills are called but I would like a prescription! Thanks, I REALLY needed a chuckle.

Thank you, ToughButtercup sometimes all we need is to know it isn't just us alone. I came at this totally naive as I have successfully navigated my way through about 100 planning applications in my role as a Building Surveyor working in Schools. Roll on 15 years I buy a little cottage in the greenbelt thinking I knew their language and having even worked in the same local authority department a few years back, and it would be a breeze. Boy, did I get it wrong! Case law, 8 appeal cases to make one point, all disregarded out of hand. Appeal is probably my only route and sadly I have three, maybe four appeals to wade through before I establish my fallback position and then I have to apply for full planning anyway. Meanwhile I am paying two mortgages. It REALLY isn't fair or right. Going to have a lie down in a dark room now. Sincerely thank you for the supportive words, this is extremely difficult. ? Any recommendations for a good planning consultant would be appreciated. Most of them run when I mention our local authority and the word Greenbelt.

Peter W, thank you. That's what I thought, otherwise they could drag this on indefinitely. They took two weeks before they validated it so were almost three months in now. This is just one of many applications I am having to make to establish a fallback as we are in Greenbelt. The system is ridiculous. I'm a reasonably intelligent person and have related experience or thought I did! This has turned into a nightmare and planning consultants don't want to touch it as it's not straightforward.

Thanks both, I know that in contract law that silence is not acceptance. When submitting a planning application I am submitting a fee for a service, therefore there is a contract of a kind. So, I have reached the conclusion that it's not right or legal. Have you ever come across planners doing this? As I never agreed to these terms, are there grounds for me to appeal under non determination?

Hello all Having applied for a lawful development certificate I eagerly awaited the determination date which was yesterday. Only yesterday did I notice the validation letter sent by the planning authority has given themselves an indeterminate amount of time in which to reach a decision. The letter states "whilst every effort will be made to ensure that a decision is reached on the application and notice given to you by the 21st of September 2021 circumstances may dictate otherwise and to avoid excessive correspondence I shall assume unless I hear from you to the contrary that you have no objection to the period being extended to enable a decision to be issued please note the above description unless I hear to the contrary within seven days of the date of this letter I shall assume that you agree to the description." I hadn't previously noticed this and am really annoyed. Besides anything else I am annoyed with myself for not noticing this before but also the principal of acceptance by silence is extremely frowned upon in legal circles as it is often used to dupe the unsuspecting. I would really value thoughts on the legitimacy of this strategy. In my view its unethical and potentially illegal, but I would value your views. TIA.

Thanks both. During discussion, last minute of course, I noticed the planners were confusing two terms defined in the glossary of the GPDO and made them aware they were misinterpreting the meanings. Our interpretations of this are opposing of course as I want planning permission and they don't want to grant it, but they were confusing terms and mis quoting the GPDO. Low and behold, communication halts, 36 hours later a refusal is issued. According to the properties and title of decision notice PDF, the author of the decision is a planning officer in the north east. Presumably she was drafted in last minute. Lots of her stated facts are inaccurate or plain wrong. It's fairly complex as we are in Green belt but I have case law to support my case, although they reviewed it and simply disregarded it. Appeal is my only way forward but wondered if there was any merit in giving weight to the procedural errors. I don't want to appear petty, but I would expect to be pulled up on similar errors. It all feels hastily cobbled together, the section of the GPDO quoted in the refusal is entirely different to the one quoted two days before and both planning officers went on leave the following day. Good idea, I will redact the notice and upload it. Thanks again.

Hello all We have just had our application for a larger homes extension refused, which we will appeal but I was wondering if any of a number of basic errors would lend support to our case? The decision notice has been issued by another local authority over 150 miles away by someone with no previous involvement with the application. Were in Knowsley, Merseyside and the PDF is from city of Sunderland. The issue date is 2002?!? Are there any rules on these things? Without wading into too much detail, the decision maker also states assertions on our behalf which we simply never made. I am lucky in that I've never had to appeal before but would massively appreciate any guidance from those who have. TIA