planning refusal, is appeal worth it?

[AliG]

You should just appeal and go through arguments against the reasons for refusal one by one. You could get a planning consultant but by giving you three clear reasons you have three easy points to argue.

 

Frankly the map you have provided seems to show that 11/14 houses have all but identical extensions. It seems crazy to refuse yours. It also shows all the other nearby end houses with similar extensions.

 

Is there a local right to appeal before going to a full appeal?  I would right this up and threaten them with an appeal if they do not reconsider. It seems like nonsense.

 

 

1. Just for clarity the amenity they mean is outside space, you having more inside space is not relevant, otherwise everyone could just keep making their house larger.

 

You need to gather as many similar applications nearby with the size of their gardens and extensions. Usually around 20 years of applications are available on line.

 

It does look like you garden is a bit shorter so this may be an issue, but I doubt it is massively smaller. Again the house at the opposite end of the terrace also seems to have a very short garden, why was it not an issue there, the other two red boxed houses also have virtually no garden. Get their measurements if you can.

 

There are probably also local guidelines on the percentage your garden you can build on. If it is 50% then why are they arguing against their own guidelines. Find the guideline and give the numbers for your extension. Often just putting these in writing negates subjective arguments e.g. the extensions cover an area of xx sq meters which is xx% of the garden ground compared ed to a guideline of yy%

 

Also you should point out that they are contradicting their pre application advice.

 

2. Planning usually is a bit harder in end terrace/corner situations as they are more visible.

 

However, this looks to be nonsense as the refusal gives the impression  that the wall would be looming over a narrow footpath but in fact it appears that there is open space to the other side of the path. Did they miss this due to no visit?

 

Again pictures and plans of similar approved extensions nearby, as shown in your red boxes. These look actually to be in a tighter situation than you.

 

Why did conservation officer not object, yet planning thinks it is a conservation issue?

 

3. This again looks very dubious. Your extension is considerably further away from the terrace behind than many other extensions.

 

Measurements again are your friend. Extensions at house x, y, z are xx metres from the opposing terraces. We are yy metres and much further away.

 

In particular the extended house to the left in the map is way closer than you are, it is very tight to other buildings.

 

[ToughButterCup]

2 hours ago, Johnnyt said:

...is to hit them and hit them HARD!  Only then, would the LPA listen after they had to pay costs and I ended up with 2 properties on an enlarged plot.

You have to be very thorough, persistent and try to find an angle for a costs award .

You can then offer to drop the costs application if the LPA in the weight of the evidence choose not to defend the appeal.

I also brought consistency to the table in my appeal and the relevant case law.

...

 

There you are @oxo, hard won experience from @Johnnyt. Get a thicker skin, hit them hard. Get a full-on proper Planner. One who pays attention to detail - uncomfortably so.

[Bramco]

9 hours ago, ToughButterCup said:

The planning application process is complex, delicate, infuriating, demanding, and endlessly interesting.  So much ambition and energy (nervous or otherwise) hangs there in the balance . And a few wrong words, a tiny bit of wrongly handled micropolitics and mammaries point at the ceiling.

 

If outside the local  planning coterie, there's no substitute for reading voraciously.  In every sense of the term, Planners and their courtiers are an elite. The only counter to their laziness / dismissiveness / insularity is knowledge.

 

@ToughButterCupIndeed - we read everything we could lay our hands on and worked out that a) they were wrong and b) we'd probably have to go to appeal but we'd try to get them to see sense first - stupid idea......    we should simply have let the application fail and gone straight to appeal!

 

6 hours ago, Johnnyt said:

You will get a fair crack of the whip with the Planning Inspectorate.

 

@JohnnytYep - this is where, if anywhere, consistency is applied. LPAs aren't consistent across the country and within LPAs, officers aren't consistent.

 

Anyone wanting chapter and verse on case law on the NPPF should consult -> https://www.amazon.co.uk/Interpreting-NPPF-National-Planning-Framework/dp/1916431526

 

Excellent book and worth every penny if you want to find the relevant case law.

 

Simon

[joe90]

As I posted before I went to appeal and won. I told the planners I was going to appeal and they told me we would probably win if we did that but would not budge on their judgement (tossers).

[Adsibob]

Just keep in mind you might lose. I filed an appeal after spending £££ on a really good planning consultant who thought I had good prospects on the appeal but recommended I file a back up application as well. She did a great job on the appeal. But... we lost for the most random reason: inspector pretty much agreed with all of our points, but for some reason took issue with the style of windows we had chosen for our rear elevation - not a point that had been raised by any neighbour or something directly raised by the LPA, whose objection to our scheme was mainly on the basis that the additions we were making to the rear, were not in keeping with the “street scene”. What was most surprising about this was that if he had studied the scheme more carefully, he would have seen we were installing crittall style windows which imitate the genuine crittall windows that would have been put in to the original 1930s house. I probably could have taken the matter to judicial review, but ultimately we decided it wasn’t worth it.

[oxo]

merry Christmas old friends!

Just wanted to update that today we heard we won on our planning appeal against LBHF, and decision could not read as more helpful and supportive - all planners' arguments were dismissed as 'unconvincing' and both extensions can now go ahead !

Wanted to thank everybody for offering constructive and useful advice - probably would not have had the conviction to face the appeal route without you here - THANK YOU!

Now on to the next challenge - to build it (without breaking the bank) ?

Will be checking back in for more useful knowledge 

 

sending virtual Champagne to everyone (if it's your thing) 

 

[ProDave]

Excellent news @oxo That's the best Christmas present you could wish for.

 

 

[joe90]

I remember winning my appeal and yes a wonderful feeling, well done (now you can get on with it ?).

[Mr Punter]

1 hour ago, oxo said:

sending virtual Champagne to everyone (if it's your thing) 

 

Well done.  Any chance of a mixed case of vintage Krug and Cristal?

[Chanmenie]

Well done must be very satisfying after all. the frustration

 

[oxo]

hello old friends - here we are back with some update ? 

the neighbour who objected to our planning application (which we got approved on appeal and about to start our build) - is now taking his claim to the High Court to review the appeal's decision.

any thought what that means for our finances and our project to get a home we've been waiting (to start) for 3 years now?

[Pocster]

27 minutes ago, oxo said:

hello old friends - here we are back with some update ? 

the neighbour who objected to our planning application (which we got approved on appeal and about to start our build) - is now taking his claim to the High Court to review the appeal's decision.

any thought what that means for our finances and our project to get a home we've been waiting (to start) for 3 years now?

Keep fighting . Don’t quit . What are their reasons to object ? . Most neighbors are full or shit ; make lots of noise but don’t do much 

[Adsibob]

2 minutes ago, oxo said:

hello old friends - here we are back with some update ? 

the neighbour who objected to our planning application (which we got approved on appeal and about to start our build) - is now taking his claim to the High Court to review the appeal's decision.

any thought what that means for our finances and our project to get a home we've been waiting (to start) for 3 years now?

Not sure what the position is specifically in respect of planning, but generally, on an appeal there is no automatic stay of execution pending the appeal. That means that as long as planning rules follow the same rule that applies to general judgments, the current planning permission that you have is perfectly valid even though it is (or might be) subject to appeal. If that rule applies, you should get on and build ASAP as unless your neighbour has applied for a stay of execution pending his appeal, then there is nothing stopping you from building. If your build is largely finished it will make any appeal largely academic as it would pretty much be insane for the appeal court to overturn the planning permission and force you to tear down your build.

 

So the first thing to check is: Has a decision letter been issued granting you your planning application? If so, then the courts have held that the issue of a decision letter is the step required to grant you permission.  (R v West Oxfordshire District Council ex parte Pearce Homes Ltd  [1985])

 

Next thing to check is whether your neighbour has actually obtained a stay of execution. If so, you would know about it as it would need to be served on you. I think this is unlikely. I wouldn't ask him/her for it, as you don't  want to encourage this.

 

Next thing to check is whether there are any other rules that might affect this, or whether the position is as the case for normal court orders, which as I say is that there is no stay of execution. Crack on!

[saveasteading]

30 minutes ago, oxo said:

taking his claim to the High Court

That sounds expensive, but is to them too.

Such claims do not reach the high court until reviewed at a few levels, and can even be thrown out at the last minute, on the basis that this is not a good use of the court's time/ should have been negotiated elsewhere.

I would guess the court cost might be £10-20k if it goes that far, and you would get most costs back as long as you win.

An expert lawyer should give you a forecast of the likely outcome. I would be surprised if a court over-ruled the planning appeal unless there was a blatant disregard of a written principle.

 

Is it bullying or red mist?

 

Has anyone said you must hold up the works? If so, then I think you can state that you will seek reparation for abort costs, when you win.

If not then what happens if you lose?

 

[Adsibob]

2 minutes ago, saveasteading said:

I would guess the court cost might be £10-20k if it goes that far, and you would get most costs back as long as you win.

Surely the appeal is not against @oxo. The "appeal" will be a judicial review of the Council's decision. So the appeal will be brought by Oxo's neighbour against the Council. Oxo won't have locus to make any intervention in the appeal and so shouldn't incur any costs.

[saveasteading]

8 minutes ago, Adsibob said:

The "appeal" will be a judicial review of the Council's decision

Hadn't thought of that.  Get building!

[oxo]

In the High Court of Justice CO Ref: Queen’s Bench Division CO/415/2022 Planning Court Administrative Court In the matter of an application for Statutory Review pursuant to s.288 of the Town and Country Planning Act 1990

 

PAUL EVIL OBJECTING NEIGHBOUR

 

versus

 

(1) THE SECRETARY OF STATE FOR LEVELLING UP, HOUSING AND COMMUNITIES

(2) LONDON BOROUGH OF HAMMERSMITH AND FULHAM

(3) OXO On the Court

 

making an order of its own initiative – CPR part 3.3(4

 

The Claimant shall file Form N208PC (Planning Court Statutory Review Claim Form) in substitution for the N461PC Judicial Review Claim Form within 7 days of receipt of this Order

 

Reasons: The Claimant acting in person has lodged this claim by way of judicial review on 04 February 2022. However, the only means by which the validity of a decision made on appeal under s.78 of the Town and Country Planning Act 1990 may be challenged is by way of statutory review under s.288 of the 1990 Act. By Civil Procedure Rules, Practice Direction 8C, paragraph 4.1, the defendants are the minister of the appropriate government department and the authority directly concerned with the decision. The Claimant has named The Planning Inspectorate as the 1st Defendant and oxo as Interested Parties. However, the Planning Inspectorate is an executive agency of the Ministry of Levelling-Up, Housing and Communities and there is no provision for “interested parties” to be joined to claims brought under CPR Part 8. In this case, the correct defendants are

 

the Secretary of State for Levelling-Up,

Housing and Communities, the London Borough of Hammersmith and Fulham and

OXO.

 

This Order is made to remedy the procedural defects.

[Jilly]

Could it be a bluff? I got sent a letter threatening an injuction, but it was to force me to sign a Covenant. 

[Pocster]

Bluff ffs 

[oxo]

I just dug out some numbers (love numbers) - only 2.5% of JRs are won by claimants (2018).. that's a high bar - wonder what he's thinking - bluff is already costing him in fees - he must know something we don't ?

 

[Jilly]

They might have bought some fancy headed paper ... and swallowed a legal dictionary

Edited February 7, 2022 by Jilly

[Temp]

Are councils obliged to fight a case taken to the High court? What if the council choose not to for financial reasons? 

 

 

[Temp]

1 hour ago, oxo said:

In the High Court of Justice CO Ref: Queen’s Bench Division CO/415/2022 Planning Court Administrative Court In the matter of an application for Statutory Review pursuant to s.288 of the Town and Country Planning Act 1990

 

PAUL EVIL OBJECTING NEIGHBOUR

 

versus

 

(1) THE SECRETARY OF STATE FOR LEVELLING UP, HOUSING AND COMMUNITIES

(2) LONDON BOROUGH OF HAMMERSMITH AND FULHAM

(3) OXO On the Court

 

making an order of its own initiative – CPR part 3.3(4

 

The Claimant shall file Form N208PC (Planning Court Statutory Review Claim Form) in substitution for the N461PC Judicial Review Claim Form within 7 days of receipt of this Order

 

Reasons: The Claimant acting in person has lodged this claim by way of judicial review on 04 February 2022. However, the only means by which the validity of a decision made on appeal under s.78 of the Town and Country Planning Act 1990 may be challenged is by way of statutory review under s.288 of the 1990 Act. By Civil Procedure Rules, Practice Direction 8C, paragraph 4.1, the defendants are the minister of the appropriate government department and the authority directly concerned with the decision. The Claimant has named The Planning Inspectorate as the 1st Defendant and oxo as Interested Parties. However, the Planning Inspectorate is an executive agency of the Ministry of Levelling-Up, Housing and Communities and there is no provision for “interested parties” to be joined to claims brought under CPR Part 8. In this case, the correct defendants are

 

the Secretary of State for Levelling-Up,

Housing and Communities, the London Borough of Hammersmith and Fulham and

OXO.

 

This Order is made to remedy the procedural defects.

 

So looks like the neighbour is trying to fight it on the cheap and got the paperwork wrong.

 

 

[Temp]

6 minutes ago, Temp said:

Are councils obliged to fight a case taken to the High court? What if the council choose not to for financial reasons? 

 

 

 

Answering my own question. It looks like you need to make sure the council are fighting it for you or do so yourself...

 

https://emlawshare.co.uk/resource/judicial-review-minimum-required-local-authorities/

 

 

[Adsibob]

2 hours ago, oxo said:

Planning Court Administrative Court In the matter of an application for Statutory Review pursuant to s.288 of the Town and Country Planning Act 1990

 

PAUL EVIL OBJECTING NEIGHBOUR

 

versus

 

(1) THE SECRETARY OF STATE FOR LEVELLING UP, HOUSING AND COMMUNITIES

(2) LONDON BOROUGH OF HAMMERSMITH AND FULHAM

(3) OXO On the Court

 

making an order of its own initiative – CPR part 3.3(4

 

The Claimant shall file Form N208PC (Planning Court Statutory Review Claim Form) in substitution for the N461PC Judicial Review Claim Form within 7 days of receipt of this Order

 

Reasons: The Claimant acting in person has lodged this claim by way of judicial review on 04 February 2022. However, the only means by which the validity of a decision made on appeal under s.78 of the Town and Country Planning Act 1990 may be challenged is by way of statutory review under s.288 of the 1990 Act. By Civil Procedure Rules, Practice Direction 8C, paragraph 4.1, the defendants are the minister of the appropriate government department and the authority directly concerned with the decision. The Claimant has named The Planning Inspectorate as the 1st Defendant and oxo as Interested Parties. However, the Planning Inspectorate is an executive agency of the Ministry of Levelling-Up, Housing and Communities and there is no provision for “interested parties” to be joined to claims brought under CPR Part 8. In this case, the correct defendants are

 

the Secretary of State for Levelling-Up,

Housing and Communities, the London Borough of Hammersmith and Fulham and

OXO.

 

This Order is made to remedy the procedural defects.

This Order looks weird to me. The CPR provision that has been quoted is this one: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08/practice-direction-8c-alternative-procedure-for-statutory-review-of-certain-planning-matters#Anchor4

Para 4.1 of that says the claim form just needs to be served on the relevant authority. So I agree with the bit of the order which says " the defendants are the minister of the appropriate government department and the authority directly concerned with the decision".  I also agree with the bit that says there is no provision for "interested parties" to be joined. I do not agree with the conclusion that the correct defendant includes @oxo. I would be minded to appeal this order immediately, as being named a defendant in a matter that cannot be brought against you seems ultra vires the legislation. 

In the first instance you could make your application for permission to appeal by email to the Judge/Master that made this order. If that is rejected, you'd need to apply to the relevant appellate court.