The appeal landscape is a crap shoot?

[Alan Ambrose]

Hi,

 

I read through a bunch of recent appeal decisions yesterday for my local area, East Suffolk. I was slightly surprised that the inspectors seemed to be as non-fact-based, opinionated and capricious as my LPA - which suggests to me that appeals are a bit of a crap shoot. I had hoped that they would be more evidence-based than the LPA.

 

I see stuff like: 

 

(1) I acknowledge that a brick wall abuts the back edge of part of the pavement along this side of the road, however the proposed development would have a greater scale and massing and therefore would be more visually prominent.

 

i.e. Yeah, introducing a new garage is 'a greater scale and massing' - that's the nature of new buildings duh - but I am going to use that fact to turn down the proposal.

 

In reference to the main issue, the proposed development would cause harm to the character and appearance of the surrounding area.

 

i.e. That's just my opinion, of course, and I'm not going to explain why - but I am going to turn down the proposal.

 

(2) I consider that the proposal would appear dominant in the streetscene and harmful to the setting of the locally listed Puddingmoor Place.

 

i.e. That's just my opinion, of course, and I'm not going to explain why - but I am going to turn down the proposal.

 

The imposing position is not matched by the design, which is neither modern nor reflective of the quality of the buildings that are typical of the conservation area.

 

i.e. I like either modern or pastiche, and I won't allow anything else.

 

(3) Although I note the willingness of the appellant to provide the Suffolk Coast RAMS payment, a financial contribution towards mitigating the effects of the proposal on the Protected Sites, I have no evidence before me to demonstrate that such a payment has been made. I am, therefore, unable to complete the AA favourably and, as such, I must conclude that, following Appropriate Assessment, the proposal would cause harm to the Protected Sites.

 

i.e. The applicant has given an undertaking that they will make the RAMS payment, but I am going to ignore that.

 

Any thoughts? I don't expect anyone will read through the appeal decisions, but they are attached if anyone is interested.

 

Alan

APPEAL DECISION 3284215.pdf 3306433 Appeal Decision.pdf 3306824 Appeal Decision .pdf

[ToughButterCup]

Quote

Is the Appeals landscape a crap shoot ?

 

Its what we've got.

Unevidenced opinion on the part of anyone seriously engaged in any legal or quasi-legal  process often puts the readers teeth on edge.....

 

....  Applicants teeth  or the Inspectors

[Alan Ambrose]

That's a 'yes' then.  Clearly I am over-sensitive . A good job the proper courts are a bit more disciplined.

 

It does change my calculus a bit, having to choose between two capricious processes .

[LSB]

I spent many hours / weeks  looking at the ES planning passes and fails when I was applying and couldn't find any common ground.

It seemed to be to be dependent on which officer you had, there was one lady that failed anything when she could think of a reason.

Others, and thankfully ours, were more adaptable.

But, it still took us 3 attempts, including that RAMS payment, which our architect said we should only pay once planning was received whereas it the non payment was one reason cited for refusal.

 

 

[Pocster]

It’s a joke for sure . “ building this house would create a mass in the current void “ . Again , no shit - so the point is ? . My favourite is and will always be “ detrimental to the local amenity “ . What you do is force ( not push or ask politely ) for exact definitions of these points in context . Once you get BS reply it’s far easier to argue a sensible legitimate response .

[Alan Ambrose]

>>> What you do is force ( not push or ask politely ) for exact definitions of these points in context.

 

Except these are appeals - presumably by written representation for small stuff like ours. So that's it, and I assume you're not going to the High Court for a single BuildHub-style dwelling.

 

[Pocster]

16 minutes ago, Alan Ambrose said:

>>> What you do is force ( not push or ask politely ) for exact definitions of these points in context.

 

Except these are appeals - presumably by written representation for small stuff like ours. So that's it, and I assume you're not going to the High Court for a single BuildHub-style dwelling.

 

Sure thing . But I got them to define everything explicitly that was an ‘ issue ‘ . I treat all court / hearings / appeals like I’m going to high court - I’m going with facts and intelligent argument to win !

[saveasteading]

My opinion is.

 

Perhaps 20 years ago, the best planning officers were tempted to the appealx offices at Bristol. They were precise, firmsl and correct, and applied the rules without opinion.

 

Recently, under government pressure, appeals have been privatised and handed out to the lowest bidder.

They don't have the best minds or skills, don't have much time and look for a loophole that allows a quick decision.

They avoid anything technical that isn't in their skillset, hence look at easy stuff....as listed above, and matters of opinion on massing, materials.

[Pocster]

Oh yes . If there are any meetings with planners or anything ALWAYS take your recording pen 😉

[SteamyTea]

Is there any reason a person, who has no connection to the building i.e. me, can write to the local authority planning department and ask for clarification on decisions?

 

[Alan Ambrose]

You can ask. You can also submit a FOI request. Be interesting to try.

[ToughButterCup]

22 minutes ago, SteamyTea said:

.... can [ I ] write to the local authority planning department and ask for clarification on decisions?

 

Yes.

And in answer to your letter, the official would say something like ; applicants are free to challenge appeals decisions in the High Court. And then their Lordships would only look for errors of process - errors of law and missed out material issues, stuff like that. 

[saveasteading]

26 minutes ago, SteamyTea said:

clarification on decisions?

 

 it should be clear on the decision notice.

you should also be able to see the officer's report.

if it was delegated powers then they will be the same. but if the committee decided, then there may be some additional argument,

 

other than these public documents I doubt you will get access.