Mrsmedhurst

Resubmission after dismissed Appeal - Help!

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On 16/01/2021 at 03:18, Temp said:

Only had a quick look and the alternative to paying is in section 5.2 but 5.1 says they prefer cash. However doing your own mitigation might end up costing more as you would probably have to pay Natural England or a recommended consultant to draw up a proposal and impact statement for you. 


Thank you for having a browse, that’s what we thought. Mitigating sum it is, if we can just get them to take our money!

 

On 16/01/2021 at 03:27, Temp said:

 

I noticed that its a consultation document so might not yet be official policy. Appeal Inspectors are allowed to take such documents  into account.

 

However it may mean you are one of the first to go through it. I would start searching the database for other recent planning applications to see if you can find out what the going rate is. 

 

yes frustratingly it came to consultation after our application was in. And I think because it is new there’s still a lot of confused people. Have been scouring resent applications, will continue in hopes someone suddenly knows what to do! In the meanwhile the plan now is to go ahead as you suggest with the note in the covering letter. Fingers crossed! 

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Best best is to drop a few thousand on a proper planning consultant.

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On 16/01/2021 at 04:41, Ferdinand said:

If the Environmental Scheme was not actually in operation at the time of Appeal it should imo not have been refused on that basis. But if that is the case it looks like a right battle to get that turned over.


And it is probably a better practical option to get the Council to accept a payment, as the other  arguments about planning principle and "where horses may safely graze" have now been won. If the payment is not prohibitive.

 

They must want the money, so they should know how they want it to work. Could you try asking the Officer or the Head of Planning directly, or getting your Councillor to do so. (Bear in mind possible elections in May in your area, which may distract councillor.)

 

Ferdinand

 

The policy was still in consultation at the time of appeal, it came into place after our original application frustratingly. I have seen another appeal where the policy was a condition rather than a reason for dismissal, must be a luck of the draw on the inspector front. Saying that we were lucky he was sensible on the horsey front!
 

have emailed in hope of more specific guidance and clarification but nothing as yet. It seems covid has closed the phone lines...sigh! 
 

Plan so far is to go ahead as temp suggests with a note in the covering letter expressing our wish to enter into the agreement and pay the mitigating sum. 

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On 16/01/2021 at 08:53, PeterW said:


That’s not strictly correct, as it depends on the usage class of the land. 
 

If the land is used for grazing only - that is they are turned out and are not being exercised or fed additionally - then horses are classed the same as any other grazing animal. Any field shelters have to be moveable and not permanently sited. 
 

If you exercise the horses in the field, provide coats and covers or substantial additional feed then they are counted as recreational animals and the usage law changes. 
 

If you want to confuse the council even further, just stick a couple of sheep in the field with the horses and at that point it really muddies the water !!


Interestingly, additionally a rug and some forage may be provided in certain circumstances under DEFRAS Welfare code of practice. Much as shelter and hay or straw can be provided to grazing sheep or cattle in harsh winter months for instance. A legal duty of care to the horse for its welfare does not amount to equestrianism.  

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13 minutes ago, Mrsmedhurst said:

I have seen another appeal where the policy was a condition rather than a reason for dismissal,

 

Thing is they aren't meant to grant permission subject to agreeing an S106 contribution in the future. The thinking goes... How can they approve an application when essential mittigation hasnt been agreed? For this reason appeals in the past have ruled that S106 agreements should be considered alongside the planning application. 

 

S106 payments are even considered "voluntary" because in theory you have other ways of mitigating the impact.

 

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You should also check if self builders are exempt from S106 contributions. Thats been the subject of many legal challenges since 2014. Might be they can't make you pay.

 

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https://www.homebuilding.co.uk/advice/section-106

 

"..it was decided that where a new Local Plan has been adopted after 28 November 2014 (when the exemption was introduced) this outweighs the Section 106 exemption."

 

So if your local plan is older that 2014 you might be exempt.

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Thank you Temp, sorry it took me a little while to  look into your suggestion. I believe sadly the local plan was updated fairly recently. It’s very interesting reading although quite over my head! 

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On 17/01/2021 at 21:58, Temp said:

You should also check if self builders are exempt from S106 contributions. Thats been the subject of many legal challenges since 2014. Might be they can't make you pay.

 

 

Sarah Beeny wasn't !

 

It may be a more convenient way of getting what you want than any alternative.

 

You just need to make sure you don't put them in a position to just name their price.

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