Appealing Twice is impossible isn't it? No, it isn't

[ToughButterCup]

You'd want me to to evidence that statement wouldn't you? Here goes.

• The list of documentation
• See 23rd November and 7th December
• Now look at the 9th of March 

I rest my case. You can appeal twice.

I don't care about the outcome. I don't care much about the ins and outs of the technicalities of the planning argument.

 

I care about fairness of process. And I'm cross, but wiser.

 

Thank God I allow myself a visit to the pub on Fridays.

[ProDave]

Perhaps it's a case of you can only have an appeal considered once?  Initially they refused to consider his appeal because he had missed the time limit. Somehow he has managed to actually get them to consider the appeal this time around? so now he his having his ONE shot at an appeal?

[jfb]

link doesn't work

 

[MikeSharp01]

Link works for me. You can only have an appeal heard once as @ProDave says and that's what happened here by the looks of it as the first was rejected on a technicality. 

 

Once I finish here I will join you in a pub 250 miles south.

 

 

[ToughButterCup]

32 minutes ago, MikeSharp01 said:

[....] the first was rejected on a technicality. 

 

The Inspectorate either mean what they say about time scales, or they don't.

 

Fairness, or not.

[Mr Punter]

It looks like they persuaded the Inspectorate that they submitted on time and it got held up, and they were given the benefit of the doubt.  The Inspectorate take ages in determining sometimes, despite what they claim.

[ToughButterCup]

Well @Mr Punter, how else is it possible to read the the text below ? (here is the full text) The text italics below is the response of the application validation manager....

 

[...]

Your comments have been noted , and I can confirm that a review of this
case has been carried out. I should firstly point out that the Local Planning
Authoritys (LPA) decision notice clearly states that if you wanted to appeal
against their decision to refuse planning permission you must have done so
within 6 months of the date of the notice. The decision notice is dated 12
May 2016 and 6 months from that date is 12th November 2016.

I should point out that Article 37 of the Town and Country Planning
(Development Management Procedure) (England) Order 2015 confirms that
an applicant who wishes to appeal under section 78 of the 1990 Planning Act
shall serve notice on the Planning Inspectorate within the time limit
specified. As you are aware, in the case of a planning development, the time
limit specified is 6 months. You served notice with the submission of the
appeal form and supporting documents and this was received online in the
Planning Inspectorate on 22 November 2016, 10 days after the time limit.
We are therefore unable to take any action on it.

[...]

And here is the original Appeal Application form showing clearly that the form was submitted late

 

This has the distinct whiff of maladministration for me.

[Ferdinand]

@recoveringacademic

 

There are some areas of ambiguity here, mainly around dates and people not following processes and therefore wriggle room having been created which helped facilitate the acceptance of an Appeal after the obvious end date.

 

Not sure what your intermediate goals are here beyond your desire that your neighbour not getting Permission.

 

After 20 minutes I have:

 

1 - Seems to have been a delegated decision, which the applicant complained about the processing thereof, which was then referred to Committee 11/5/2016.

2 - Applicant submitted further material to committee dated 9/5/2016. Intriguingly there is at least one doc dated *after* the committee meeting in the issue control of the doc itself ie the datestamp put on it by the applicant. https://publicaccess.wyre.gov.uk/online-applications/files/EB418E21A5A7FBC5D2982CF4F387D86D/pdf/15_00805_OUT-Site_Levels_2.pdf-14685.pdf

3 - Decision Notice is dated 12/5. Seems orthodox, except couched as a letter from the Head of Planning.

4 - There seems to be an Update Notice dated 12/5/2016 which afaics relates to the extra submission of the Applicant. The Update Notice seems to modify the "reasons for refusal". Dunno if this is material in being something which makes the Committee Decision untenable.

5 - For a reason best known to themselves, the Council published nothing until 7 July.

 

It appears that the above convinced the Planning Inspectorate to accept that the case was exceptional enough to use their discretion to accept the Appeal after date.
 

This is the para after your quote above in the PI letter.

Quote

" I would advise that the Planning Inspectorate has discretion to allow a longer period for the receipt of an appeal, however this will only be considered in the most exceptional circumstances such as the appellant not being made aware of the correct time limit for appealing by the LPA and/or advance notice being given by the appellant that there may be a delay in submitting the appeal which includes an accompanying explanation of the reasons for the delay. "

 

What is your aim here?

 

Do you intend to stop this Appeal in its tracks, or point up that this can happen and discuss it, and perhaps come back at the Council later?

 

AFAIK once an Appeal Decision is i place, it is impossible to overturn short of a Judicial Review or a Ministerial Call-in, and beyond that you then are into the Civil Legal System (which is the High Court) against your neighbour. To try and stop it now will be Solicitor's or MP's Letters to the PI or a Judicial Review of their decision (may be out of date for that),

 

To find more detail I think you will need the further correspondence of the PI, the Council and the Applicant - which will be FOIs on the Council and the PI, and examining the Planning Fire.

 

Ferdinand

 

Edited March 11, 2017 by Ferdinand

[ToughButterCup]

Thanks @Ferdinand.

You are right, it's put up or shut up time - nearly. 

 

The German in me says it's simple. It's late.

The reasonable in me says , so what, let it run.

The annoyance in me says why the Hell should we bend over for those who shout loudest? 

The irritated in me says words written in an official capacity can easily be meaningless, even when its a simple matter of looking at a submission date.

 

My aim? To point out unfair procedure when it exists.

[Ferdinand]

@recoveringacademic

 

I think that decision to allow a late Appeal may have been overturnable, but it would have needed well-argued solicitors' letters within days or weeks last November, and perhaps an MP sticking an oar in. But PIs are sensible usually.

 

I would not like to call the outcome of this, since the Council admit in their submission that they did not fully understand Local and National policy when approving "the application immediately adjacent to the North" (Let the Reader Understand) !

 

F

Edited March 11, 2017 by Ferdinand

[ToughButterCup]

Hmmm. 

 

Time to put this to bed: and go for a long walk. Wiser, more cynical.

I am grateful for your eye for detail and depth of engagement, @Ferdinand

Ian

[Ferdinand]

8 minutes ago, recoveringacademic said:

Hmmm. 

 

Time to put this to bed: and go for a long walk. Wiser, more cynical.

I am grateful for your eye for detail and depth of engagement, @Ferdinand

Ian

 

Cheers.

 

After all, you are still quite a distance from him - even if he gets to build it. Have a Fog Cutter.

 

Council decisions are sometimes like rain.

 

At present we have a corker going on, where the Council accepted a so-called Parking Report riddled with fabrications, and then failed to challenge it in an Appeal and lost the Appeal.

 

Then a new PP intensified the development, and so they are now getting 8 flats that are only about 440sqft each on a site with 3 parking spaces.

 

Edited March 11, 2017 by Ferdinand