steve_smith335 Posted February 2, 2023 Share Posted February 2, 2023 (edited) Can a planning committee refuse an application on its ‘merits’ even if the application conforms to all points of planning law? Do they have to adhere to policy or are they allowed to form their own opinion? thanks Edited February 2, 2023 by steve_smith335 Link to comment Share on other sites More sharing options...
Dave Jones Posted February 2, 2023 Share Posted February 2, 2023 yes. Then you take it to appeal and claim costs. 1 Link to comment Share on other sites More sharing options...
steve_smith335 Posted February 2, 2023 Author Share Posted February 2, 2023 4 minutes ago, Dave Jones said: yes. Then you take it to appeal and claim costs. I would prefer not go down that route 😂 Link to comment Share on other sites More sharing options...
Dave Jones Posted February 2, 2023 Share Posted February 2, 2023 wouldn't we all. unfortunately the type of person who wants to be a councillor is exactly the opposite of what's needed. e.g . braindead. 1 Link to comment Share on other sites More sharing options...
steve_smith335 Posted February 2, 2023 Author Share Posted February 2, 2023 7 minutes ago, Dave Jones said: wouldn't we all. unfortunately the type of person who wants to be a councillor is exactly the opposite of what's needed. e.g . braindead. sadly very true. I have an application for a single dwelling, I received positive pre-application advice, the planning officer recommended approval, it’s subsequently gone to referral committee, now referred to full planning committee, I’m not sure what’s going on? Link to comment Share on other sites More sharing options...
ToughButterCup Posted February 2, 2023 Share Posted February 2, 2023 The Planning Application process is jangling for anyone. You are in good supportive company here. Most Planning Committees do as they are told by the Officers (Planners) - because to do otherwise would mean committee members doing lots more work on the cases before them. So if - and its by no means certain - that the members of the Committee have read a copy of that recommended Approval, then the Committee could well approve your application. Do you know who and / or why your application has been called in? Know the answer to that issue and you have the beginnings of a defence of your application. Ring the Planner who mis dealing with your application and ask - directly - why your application has been called in. 1 Link to comment Share on other sites More sharing options...
steve_smith335 Posted February 2, 2023 Author Share Posted February 2, 2023 57 minutes ago, ToughButterCup said: The Planning Application process is jangling for anyone. You are in good supportive company here. Most Planning Committees do as they are told by the Officers (Planners) - because to do otherwise would mean committee members doing lots more work on the cases before them. So if - and its by no means certain - that the members of the Committee have read a copy of that recommended Approval, then the Committee could well approve your application. Do you know who and / or why your application has been called in? Know the answer to that issue and you have the beginnings of a defence of your application. Ring the Planner who mis dealing with your application and ask - directly - why your application has been called in. Possibly because of a comment by the parish council that is in conflict to the opinion of the planning officer. it’s a development in the countryside but is permissible because it’s within a defined cluster. This was all stated in the preapp. Link to comment Share on other sites More sharing options...
nod Posted February 2, 2023 Share Posted February 2, 2023 They shouldn’t But planners continually contradict themselves and seem to pick and choose as to when they follow policy The softly softly approach doesn’t work If you look through your local planning passed and think wow I wouldn’t have thought that would be passed The application is nearly always submitted by a planning consultant They run rings around planner Pros v immatures 1 Link to comment Share on other sites More sharing options...
steve_smith335 Posted February 2, 2023 Author Share Posted February 2, 2023 1 minute ago, nod said: They shouldn’t But planners continually contradict themselves and seem to pick and choose as to when they follow policy The softly softly approach doesn’t work If you look through your local planning passed and think wow I wouldn’t have thought that would be passed The application is nearly always submitted by a planning consultant They run rings around planner Pros v immatures i have used a planning agent. I presume I will just have to keep the faith. Link to comment Share on other sites More sharing options...
Dave Jones Posted February 3, 2023 Share Posted February 3, 2023 14 hours ago, steve_smith335 said: i have used a planning agent. I presume I will just have to keep the faith. a decent planning specialist will know exactly what to do, sometimes they word it ready for the appeal from the get go. Sounds positive that the planning droid says its ok that means it meets the planning requirements that the council has set. Very good news for you when it comes to appeal. downside is all this burns a lot of time. Have you got your own councillor on the case ? Get the deadhead on the job finding out what the problem is, if it comes to a vote you want your member to vote for it. 1 Link to comment Share on other sites More sharing options...
ToughButterCup Posted February 3, 2023 Share Posted February 3, 2023 14 hours ago, steve_smith335 said: ... Possibly because of a comment by the parish council that is in conflict to the opinion of the planning officer .... I mustn't raise false hopes: but I wish I had a quid for every time I've heard or read that. Given the pre-app advice, you've got little to worry about. Someone somewhere has an axe to grind, and they're doing it because they can do so but hide from scrutiny. That said, a great deal depends on the micropolitics of the Planning Department . Have a read of this .... The second paragraph bears committing to memory Quote Outright bribery and corruption may be comparatively rare, but there is strong anecdotal evidence that there has been a sort of ‘low level’ corruption in the planning system for many years – one councillor doing a favour for another councillor or for his family and friends. It seems to go on in rather too many councils. Declaring an interest and withdrawing from the discussion makes no difference, as Councillor X can usually rely on Councillor Y to make sure the scheme in which Councillor X has declared an interest goes through anyway. https://planninglawblog.blogspot.com/search?q=corrupt (downloaded 03022023 ) Vintage Martin Goodhall. Shame he's retired now. I'm not saying that this is - for sure - happening in your case, but what I am saying is that the planning system is so unprofessionally run that there's always a significant element of chance in any application. Here is one of his gems: 30 minutes fire-side reading for all who want to submit a planning application. Top advice from @Dave Jones , but read it in context of what Martin Goodhall says above: beware micropolitics Quote Have you got your own councillor on the case ? Get the deadhead on the job finding out what the problem is, if it comes to a vote you want your member to vote for it. 1 Link to comment Share on other sites More sharing options...
steve_smith335 Posted February 16, 2023 Author Share Posted February 16, 2023 A quick update, it’s been through deferral committee and it now off to full planning committee. At this late stage deferral committee are concerned over four quite key points that were all addressed in the preapp report and given positive support by the planning officer who stated they all complied with relevant planning policy? It is very difficult to get your head around. Link to comment Share on other sites More sharing options...
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