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planning refusal, is appeal worth it?


oxo

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I found a ruling re late submission of forms.

 

If you look at point 9 here, it seems to suggest that filing the wrong form and then being allowed to refile the correct form outside the 6 week limit is possible.

 

http://www.landmarkchambers.co.uk/wp-content/uploads/2019/02/Croke-v-SSCLG-judgment-1-February-2019.pdf

 

However, there is nothing stopping you making the argument that the 6 week limit was missed. A reasonable argument would be that they were too tight to consult a lawyer and fill in the correct form.

 

But I think the judge probably knows of this previous riling so will allow the filing to proceed. He will still not have considered anything about the case other than this.

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I suggest you pay no more fees to anyone.  You are a private householder who has legitimately obtained consent to alter your property.  If the neighbour wants to waste their time and money with this, let them.

 

I would give less than 50% chance he even pays this:

1 hour ago, oxo said:

pay the balance of fee in the sum of £415 due in respect of this application for Statutory Review within 7 days

Edited by Mr Punter
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As I said before the fight is between mr nasty and the planners, not you. You have permission to build, if they withdraw after you build something I am sure you are in a position to sue them. At a previous house of mine , when selling it the solicitors found that the conservatory did not on their records have permission so the buyer wanted to pull out at the last minute. I forwarded my copy of all planning docs and said I was going to sue the council for breach of contract and claim all costs from them, I had a planning consent by courier within hours ?

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  • 1 month later...

Just a quick update to my special friends here - mr Punter was spot on as mr Nasty got to his senses and withdrew from JR. 

We are building again.

Any advice on how to (legally) annoy mr Nasty after everything he put us through - would be really appreciated :)

keeping count of virtual Champagne credits 🤩 

 

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18 minutes ago, oxo said:

Any advice on how to (legally) annoy mr Nasty after everything he put us through - would be really appreciated :)

 

The best way to annoy him is to ignore him and get on with building the house.

 

Pleased it's ended well for you.

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22 minutes ago, oxo said:

Any advice on how to (legally) annoy mr Nasty after everything he put us through

Smile and act as if nothing important has just happened,  and never ever  inform him in advance of anything  you are going to do unless you are legally required to do so. 

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At one point I considered using a multi coloured roof tile and hiding a comment about the planners in some far Eastern language/script. Apparently the Chinese character Fu (福) means happiness, blessing, and good fortune! 

 

 

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10 hours ago, oxo said:

Just a quick update to my special friends here - mr Punter was spot on as mr Nasty got to his senses and withdrew from JR. 

We are building again.

Any advice on how to (legally) annoy mr Nasty after everything he put us through - would be really appreciated :)

keeping count of virtual Champagne credits 🤩 

 

 

Best revenge is a life well lived.

 

Be prepared for Mr N to tell you what a great house you have in a few years when it's all done (what happened to us).

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