Planning decision binding?

[Desperatelyseekinganswers]

Hello all

We have just had our application for a larger homes extension refused, which we will appeal but I was wondering if any of a number of basic errors would lend support to our case? The decision notice has been issued by another local authority over 150 miles away by someone with no previous involvement with the application. Were in Knowsley, Merseyside and the PDF is from city of Sunderland. The issue date is 2002?!?
Are there any rules on these things? 
Without wading into too much detail, the decision maker also states assertions on our behalf which we simply never made. I am lucky in that I've never had to appeal before but would massively appreciate any guidance from those who have. TIA

[Mr Punter]

If you post the refusal notice, which you can anonymise, I am sure you will get some help.

[Temp]

Welcome to the forum. I know some local authorities share planning staff but never heard of them doing this over such a distance.

 

The acts refer to decisions being made by the "Local Authority" so I would have expected their name on the decision letter even if some work was done by staff at another but perhaps I'm wrong.

 

If its dated 2002 then technically it's too late to appeal as you only get 6 months to file one. Google found this which suggests errors such as the issue date may have to be corrected by the Inspectorate not the LA.

 

https://www.localgovernmentlawyer.co.uk/planning/318-planning-features/22731-the-finality-of-decisions

 

ss.56 and 59 of the Planning and Compulsory Act 2004 it describes the extent to which and the manner in which errors in planning decisions can be corrected under the “slip rule”.

 

https://www.legislation.gov.uk/ukpga/2004/5/section/56

 

https://www.legislation.gov.uk/ukpga/2004/5/section/59

 

(5)A correctable error is an error—

(a)which is contained in any part of the decision document which records the decision, but

(b)which is not part of any reasons given for the decision

 

 

[Desperatelyseekinganswers]

Thanks both.

During discussion,  last minute of course,  I noticed the planners were confusing two terms defined in the glossary of the GPDO and made them aware they were misinterpreting the meanings. Our interpretations of this are opposing of course as I want planning permission and they don't want to grant it, but they were confusing terms and mis quoting the GPDO. Low and behold, communication halts, 36 hours later a refusal is issued. According to the properties and title of decision notice PDF, the author of the decision is a planning officer in the north east. Presumably she was drafted in last minute. Lots of her stated facts are inaccurate or plain wrong.
It's fairly complex as we are in Green belt but I have case law to support my case, although they reviewed it and simply disregarded it. Appeal is my only way forward but wondered if there was any merit in giving weight to the procedural errors. I don't want to appear petty, but I would expect to be pulled up on similar errors. It all feels hastily cobbled together, the section of the GPDO quoted in the refusal is entirely different to the one quoted two days before and both planning officers went on leave the following day. 
 

Good idea, I will redact the notice and upload it. Thanks again. 

[joe90]

Our planners made lots of assumptions that simply were not true and I was able to prove my case. I went to appeal and won hands down, did it myself and frankly it was easier than applying  fir planning In the first place. The appeal officer even stated the planners were not abiding by their own policies. I know they are understaffed etc etc but (IMO) generally could not organise a pissup in a brewery ?‍♂️.

 

(rant over ?)

Edited August 20, 2021 by joe90

[Temp]

I doubt procedural errors carry much if any weight*.  Errors to do with the GPDO, the NPPF and local policy do but many can be subjective. Harm outweighing benefits and all that stuff. 

 

* I know they might be required to correct them but they don't usually change an outcome.

Edited August 20, 2021 by Temp

[Stewpot]

I don't know if it has any bearing, but some councils are outsourcing services to other councils. I was reading a document about this somewhere on the internet, and some planning departments outsource all or some of their functions. Usually this is to the private sector, but sometimes to another nearby council. Factor in homeworking by someone having to do work for two councils, and that may explain how the document is wrongly headed. Maybe. Or perhaps your council outsources to a private company which handles several councils' work, and there has been a mix up that way.

 

But I would have said that your contract, if it can be described as such (you've paid a fee, so a contract must exist, surely?), is with your local authority, so any decision must come from someone representing them. Even if it does happen to be the same person, you seem to have had a decision from an authority you have no contract with, over a property outside their jurisdiction.

 

However, your LA may be obliged to put the technical errors right, but that won't necessarily affect the decision.

[joe90]

On 20/08/2021 at 09:26, Temp said:

I doubt procedural errors carry much if any weight

when I went to appeal it specified that if rules were not abided with by the council you can claim costs, but as you say it can be subjective with some subjects. Our council were told they were not abiding by their own policies.