Parish Council Objection

[southlakes]

Hi all,

This is a legal question I guess but would appreciate any advice.

 

I have a planning application in for a new build.  I have spotted this week on the portal that te Parish Council have submitted an objection.

 

Obviously planning are sticklers for the rules and we have had to jump through a lot of hoops, but Im feeling a little aggreaved as the Parish council, in my opinion haven't obided by their rules. Is there anyone here clued up on matters of law and know what we might be able to do;

 

The Parish Council, so far as I understand it, are legally obliged to publish meeting agendas 3 days prior to a meeting.  However guidance is 5-7 days.

 

An Agenda was published yesterday on the Parish website (21st July) for a meeting which took place on the 14th July.  i.e they didnt publish the agenda 3 days prior to the meeting.

 

I have emailed the Clerk to claify, and she has replied to say they had a problem with the website, but she publishes agendas on the public noticeboard.

 

As luck would have it I have also photographed the noticedboard, and no agenda was published.

 

As I understand it, the Parish Council are not legally supposed to discuss anything at a meeting which wasnt on the published agenda 3 days prior.  So my grievance is that they have discussed my application, and susequently objected to it.

 

Does anyone know what might be my best course of action (if any)?

 

Thanks all.

 

[markc]

What is the objection? It could be something simple to sort instead of trying to be legal and trip them on technicalities 

[ToughButterCup]

14 minutes ago, southlakes said:

...

Does anyone know what might be my best course of action (if any)?

...

 

Yes.

• Establish what the objection is.
• Decide whether it is a Material Objection or not.

What are Material Objections? There's plenty on this site to help

Then, go to  your LPA website. Look for similar Objections in similar cases. Look at the extent to which the LPA took any notice of the Objection, and if they did, what was the consequence.

 

Nearly local to you, our LPA roundly ignores Parish Councils, and has gone so far as to say  

 

[Roundtuit]

I think you need to separate the two issues.  The planning objection is the one that needs the focus.  Their poor administration is neither here nor there really in my opinion, and pulling them up on it is unlikely to change the objection.

[southlakes]

To be honest the objection is pretty weak.

 

They have objected that the road is too fast for a new driveway.  It's a 30 zone and the splay diagram meets Highways 60m / 2.4m request.

 

They have objected that the drainage in the village is alredy stretched, which is news to me.  Utiltiies have been written to and responded to, and they havent mentioned anything about drainage being stretched.

 

They have disagreed with my planning access atatement which mentioned strong transport links....saying that transport links are poor.

 

Whilst I think their objections are on poor grounds, I dont think its right that they should surcumvent protocol.  We pay our taxes (yes I used that line), and we have to abide by council rules...I dont see why the Parish shouldnt too....especially when they are trying to prevent us building a home.

 

[markc]

Those objections are unlikely to stand up to appeal.

basing your case on posted notices etc. seems petty and argumentative

[southlakes]

48 minutes ago, markc said:

Those objections are unlikely to stand up to appeal.

basing your case on posted notices etc. seems petty and argumentative

Fair point.

[kommando]

They can reconvene under the proper rules and resubmit with better objections, don't give them a second chance.