Rich Pen Posted March 25, 2021 Share Posted March 25, 2021 Our planning application recently went before the planning committee with recommendation for approval but was unanimously refused. Here is the refusal statement. It is considered that the proposed development by virtue of its scale, dominance and overdevelopment of the site would result in a loss of daylight and sunlight to the adjacent residential gardens to the north detrimentally impacting on the occupiers amenity, contrary to Policy DM25 and DM30 of the *******District Plan Part 2.” The boundary wall to the north and the one in question was presented to the committee in the councils written and verbal presentation as being 11m long and 6.2 meters high along its entire length. The fact is the wall is 11m long but only 2m of its length is 6.2m high and the remaing 9m is only 4.8m high. This crucial and misleading inaccuracies could of had a very detrimental influence on the committees decision to approve or refuse especially as the refusal was due to overshadowing of the neighbors garden. We have paid a considerable sum to a planning consultant from inception up to the refusal. The planning department posted there written appraisal that would be presented to the committee well in advance and the consultant and I had a long discussion on how positive it sounded.I the applicant did not notice the mistakes regarding the height of the wall but maybe the consultant should of. Or should my concerns be taken up with the planning department?Would there be any sort of redress? I mentioned my concerns to the consultant who in my view fobbed me off by saying the planning departments error could form part of my argument if I go to Appeal. I was well aware that the committee could make up there own mind but for the committee to be presented with the wrong information is surely unfair. Your comments would be most welcome. Link to comment Share on other sites More sharing options...
Big Jimbo Posted March 25, 2021 Share Posted March 25, 2021 It might have helped if you had included a light analysis with your planning application. Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 Maybe but the planning department stated in there appraisal that anyb loss of sunlight,daylight did not have a detrimental impact on the neighbors. I have since been in touch regarding having a DSIA done and there initial reaction is that it is well within national guidelines. Never the less that isn't the situation I am trying to address in my post Link to comment Share on other sites More sharing options...
jack Posted March 25, 2021 Share Posted March 25, 2021 1 hour ago, Rich Pen said: ... and the remaing 9m is only 4.8m high. Even at 4.8m high, that's still 2.5 times higher than an ordinary garden fence. Is there a reason the wall is so tall? Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 My question is regarding misleading details being presented to the planning committee. Link to comment Share on other sites More sharing options...
joe90 Posted March 25, 2021 Share Posted March 25, 2021 I would want to confirm if the planners or your consultant came up with the duff info?, if your consultant then he should get this re heard (at his expense). If the planners then find out what course to redress their cockup. 23 minutes ago, Rich Pen said: I have since been in touch regarding having a DSIA done and there initial reaction is that it is well within national guidelines. Don’t be afraid to go to appeal, I did, by myself, and won. In my case the council kept coming up with duff info that I easily proved wrong. We won hands down and the council was told off for not following their own guidelines!!!! Link to comment Share on other sites More sharing options...
Rob99 Posted March 25, 2021 Share Posted March 25, 2021 (edited) I didn't spot this at first but it's a little confusing where you refer to the boundary wall being 6.2m and 4.8m when in fact it looks to me like you're actually referring to the side wall of the house. Can you confirm this. If the officers report recommended approval then the committee have to have grounds for a refusal. They can't just decide to refuse because they don't like it, although they often do but then its overturned on appeal. Why did it go to committee? Were there lots of objections during consultation period? Edited March 25, 2021 by Rob99 1 Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 There were about 22 objections and 10 supporters.So had to go to the committee. Reason for refusal is detailed in my original post. Link to comment Share on other sites More sharing options...
jack Posted March 25, 2021 Share Posted March 25, 2021 57 minutes ago, Rich Pen said: My question is regarding misleading details being presented to the planning committee. I know, but I don't think that's the only question you should be asking. You did ask for comments. 1 hour ago, Rich Pen said: I the applicant did not notice the mistakes regarding the height of the wall but maybe the consultant should of. You say this information "was presented to the committee in the councils written and verbal presentation as being 11m long and 6.2 meters high along its entire length". Did they use the term "entire length"? Or did they just say something like the wall was 8m long and 6.2m high? Either way, I suspect you're not in a strong position. You're the applicant, it's your site, and presumably there's no-one better placed to pick up an error like this, assuming you had view of this information before it was relied upon. If you didn't spot it, why is it reasonable to expect that the consultant should have? Also, the drawings very clearly show that the wall height varies along its length. No reasonable person would just ignore the drawings. To win at appeal on this ground you'll need to show that the error was a material factor in the decision. I suspect that will be difficult. Link to comment Share on other sites More sharing options...
Haylingbilly Posted March 25, 2021 Share Posted March 25, 2021 Sorry to hear about your issue:-( I think if it went to committee with a recommendation for approval and was rejected then you would stand a good chance at appeal. I guess your only redress is a request for costs to be awarded as part of the appeal. The planning system is an absolute farce in this country IMHO. Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 I intend to appeal on the grounds that a Daylight,sunshine,impact assessment would show that the loss of amenity to the neighbors garden would be within recommended national guidelines thus disproving the reason for the refusalThe error in the dimensions of the wall would have to be mentioned but not relied on. Link to comment Share on other sites More sharing options...
Rob99 Posted March 25, 2021 Share Posted March 25, 2021 Okay, now I can see a bit more clearly where this wall is but if it's not the external wall of the building why do you need it and particularly that high? Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 It's a screening wall to stop overlooking to the north when on the balconies. Link to comment Share on other sites More sharing options...
ToughButterCup Posted March 25, 2021 Share Posted March 25, 2021 (edited) 1 hour ago, Rich Pen said: ... It is considered that the proposed development by virtue of its scale, dominance and overdevelopment of the site would result in a loss of... ... and 18 minutes ago, jack said: ... To win at appeal you'll need to show that the error [ the erroneous reporting of the height of the wall ] was a material factor in the decision. I suspect that will be difficult. There's your clear agenda. Address those three issues. The wall issue, I suspect, might not be as important as you appear to think. Edited March 25, 2021 by ToughButterCup 1 Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 Toughbuttercup thanks for your comment.Could you please confirm what you mean. Link to comment Share on other sites More sharing options...
Moonshine Posted March 25, 2021 Share Posted March 25, 2021 Just now, Rich Pen said: Toughbuttercup thanks for your comment.Could you please confirm what you mean. He is saying that he doesn't believe it to be the wall that is the issue, it is the size of the house on the plot and how close it is to the boundary that is the issue. Looking at your site plan it does look pretty tight! Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 Ok,thank you. If the DSIA shows that loss of amenity to the gardens is acceptable are the issues you mention still valid? Link to comment Share on other sites More sharing options...
nod Posted March 25, 2021 Share Posted March 25, 2021 I haven't trolled through the reply’s But why is the proposed walk so high ? Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 Height of ground floor 3m plus height of screening wall 1.8m.Total 4.8 Main body of living space 6.2m and small section finishes on the boundary Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 This building is built on a backland / brown field site.Currently a pair of lock up garages. Link to comment Share on other sites More sharing options...
Jilly Posted March 25, 2021 Share Posted March 25, 2021 I think the height of the walls (varied or not) is related to the scale, dominance and overdevelopment statement. I'm guessing the neighbours are worried they will feel like they are living next to a concrete bunker? I can't see their properties properly, but it looks like they have south facing gardens and so might be affected by a tall adjacent structure. Is it worth making modifications if you can, before you go to appeal? Link to comment Share on other sites More sharing options...
Rich Pen Posted March 25, 2021 Author Share Posted March 25, 2021 I agree but the planning department were totally onboard during the consultation period and commented that all those issues were not relevant.They recommended the committee approve the proposal. Link to comment Share on other sites More sharing options...
ToughButterCup Posted March 25, 2021 Share Posted March 25, 2021 25 minutes ago, Rich Pen said: I agree but the planning department were totally onboard during the consultation period ... Perhaps 'appeared to be' might have been a better phrase. Link to comment Share on other sites More sharing options...
jack Posted March 25, 2021 Share Posted March 25, 2021 39 minutes ago, Rich Pen said: I agree but the planning department were totally onboard during the consultation period and commented that all those issues were not relevant.They recommended the committee approve the proposal. Committees aren't required to go along with recommendations. Politely, you're focusing on the wrong issues. You need to focus on the three words used in the rejection. You then need to decide whether an appeal is the right response, rather than resubmitting while taking these issues into account. Link to comment Share on other sites More sharing options...
Rob99 Posted March 25, 2021 Share Posted March 25, 2021 Is the grey shaded area part of your site? If so, why can't the house be located more centrally and away from the boundary. Link to comment Share on other sites More sharing options...
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