Council planning decisions appeal

[Saintryan]

Hi all,

 

Recently I had a neighbour build a wall 2.4 meters high.. a very very ugly block wall. 

I complained to the council and they said it was fine to build a wall that tall and there was nothing I could do about it...

 

I would like to challenge their decision and when I asked if I could appeal their decision I was told "no you can't.. if you want to appeal you will need to take the council to court".

Is this correct?? That if a council permits let's say a wall that as far as I'm concerned should have had planning permission, there is no right to appeal and have someone else independently look at it and give their opinion as to whether the correct decision was made??

 

I'm at a loss as to what my next step should be.

 

Thanks in advance.

[Gus Potter]

Hello Saintryan.

 

To get the best reponse you probably need to post more info as there are so many different permutations. Maybe some photographs and a desciption of what the wall does.

 

You can also have a look at permitted development rights.

 

While you may feel despondent from time to time you may get a good bit of advice here on what options you may have.

[Temp]

Normally a wall or fence over 2m needs planning permission. So in theory the planners probably could issue enforcement proceedings. However the neighbour could then apply for planning permission and appeal it if its refused. The planners may feel that there is a good chance it would be approved at appeal. In which case it would be a waste of time and money to start down this route.  Planners are generally very busy and have minimal budgets. Appeals also cost them time and money so they invariably only go after serious planning breaches.

 

In general third parties have no right to appeal a planning decision and I suspect they haven't actually made a formal decision anyway. Eg they haven't granted planning permission nor have they issued a certificate of lawfulness or similar. 

 

https://www.gov.uk/guidance/ensuring-effective-enforcement

 

When should enforcement action be taken?

There is a range of ways of tackling alleged breaches of planning control, and local planning authorities should act in a proportionate way.

Local planning authorities have discretion to take enforcement action, when they regard it as expedient to do so having regard to the development plan and any other material considerations. This includes a local enforcement plan, where it is not part of the development plan.

In considering any enforcement action, the local planning authority should have regard to the National Planning Policy Framework, in particular paragraph 58.

The provisions of the European Convention on Human Rights such as Article 1 of the First Protocol, Article 8 and Article 14 are relevant when considering enforcement action. There is a clear public interest in enforcing planning law and planning regulation in a proportionate way. In deciding whether enforcement action is taken, local planning authorities should, where relevant, have regard to the potential impact on the health, housing needs and welfare of those affected by the proposed action, and those who are affected by a breach of planning control.

 

I suggest you consider writing to your MP. Ask him to write to the Head of planning to ask why they have decided not to take any enforcement action in this case. Include photos with you (or someone short) standing next to it. Explain planning permission is normally needed for walls this high. Explain the impact its having on your property. Try to stick to valid planning terms such as it being "overbearing" or "out of keeping" with the area. "Reducing the value of your house" or "loss of a view" are not considered valid planning reasons.  "Loss of a public view" or a development appearing "overbearing" when viewed from public land/highway counts more than the impact to private property - so if relevant take pictures from public land. You might also consider finding someone short to take the pictures from a lower camera angle.

 

Or just plant a hedge. 

 

[Temp]

Sorry the editor won't let me insert an end Quote tag to fix the problem above.