Opinions on Planning Proposal

[jack]

My guess is that you have one opportunity for a frank and free-ranging discussion with this guy. He knows exactly what he's done (just like he knew exactly what he was doing when he lied to you about building a single bungalow when you bought from him). 

 

It's touch and go just how much of a spanner will be thrown into the works if you go all out on a formal objection - potentially everything could come crashing down, or the council may think it's too hard to think of these applications en masse and will simply treat each on its face value ignoring the impact each has on the other.

 

I'm not sure exactly what's been built or just has planning at the moment, but overall, do you see a way that he could legitimately develop the entire site while providing the requisite amenity space for all proposed buildings? If not, then he may be VERY upset at you throwing a spanner in his works.

 

If you choose not to speak directly with him, one possibility would be to get someone else - a tame planning consultant perhaps? - to submit an objection without naming you. 

 

Whatever you do, I'd suggest that you may want to ask us to hide this thread in the near future!

[Ferdinand]

Thanks for the further comments.

 

@jack I think a viable scheme for that remaining site would be either a single detached house/bungalow with integral garage or side drive on my side, or a semi-detached pair of small retirement bungalows with a hipped roof probably restricted to over-55s.

 

F

 

Edited October 9, 2017 by Ferdinand

[Ferdinand]

I have won this one by the sound of it.

 

I went to see the Council yesterday, with a view to framing an objection, and the Planner stopped me first and said that they were advising the Applicant to withdraw the proposal, and that if it was not done the App would be refused due to overdevelopment and other issues.

 

Then he showed me the reasons, which were essentially all the same things that I mentioned in a phone call to them 5-6 weeks ago following this rgread - that which are in the first few posts here and the responses.

 

Thanks for all the advice. I will post a few reflections later, then ask for the thread to be hidden tomorrow - but I will take the relevant non-identifiable bits into a blog post.

 

I have not needed formally to object, so I will not have an overly antagonistic relationship with the developer.

The learning point seems to be that the Council generally do not look at a Planning Application in detail until the end of the comments period, so there is mileage in a strategy of 1) doing homework early and giving formal or informal input before the Council reaches a view but 2) still being willing to go in all guns blazing latish in the day
but before a recommendation is fixed.

 

So now I need to make sure that the next round has a Planning App for something acceptable to me.
 

Ferdinand

Edited November 9, 2017 by Ferdinand

[Temp]

Has anyone else like the Parish Council objected?

 

What happens if he fails to withdraw it until after the consultation period ends? Your objections won't be recorded. The planning officer might be able to agree a minor change with the developer and approve the scheme using his delegated powers. (Sometimes it's objections that determine if he has to refer it to the planning committee).

[Ferdinand]

59 minutes ago, Temp said:

Has anyone else like the Parish Council objected?

 

What happens if he fails to withdraw it until after the consultation period ends? Your objections won't be recorded. The planning officer might be able to agree a minor change with the developer and approve the scheme using his delegated powers. (Sometimes it's objections that determine if he has to refer it to the planning committee).

 

Excellent points @Temp, but I think that I have done as much as I can on this occasion.

 

There are no other objections - the only other dwellings adjacent are being converted or belong to the applicant.

 

I think the proposal is so fundamentally flawed that it is not addressable by minor amendments:

 

1 - The main 3 fundamental points are: a) That the proposal requires to remove all the amenity space and parking from another house the applicant is currently building under a previous PP; the Officer was clear that that was a very basic issue. b) Even if the houses were reduced from 4 to 2 bedrooms there is still not enough amenity pace (private garden); and c) there are too few off street parking spaces. b and c are clear violations of basic policy, and our Council does not often ignore those without a detailed planning case being made - here that has not been done. Point a seems just to be a weird thing to propose - perhaps they forgot.

 

I think I will still put my objection in as planned to be sure. Though the consultation end date was some time ago (25/10/2017), comments up until determination are taken into account, and that date is after 20/11/2017.

 

2 - Then there are various more subjective things as discussed up thread, such as loss of amenity due to a 30ft high 30ft wide blank gable 1.6m from my fence.

 

I do have a Plan B in that the current proposal essentially cuts off my Easement for new services (negotiated with the developer when I brought the house last year). The Easement allows me to insert new services and ancillary equipment to support them at will if buildings do not exist on the easement corridor, and is broadly drawn; at present it is just a plot with no PP. I have already served notice that I intend to put services into the easement in the next weeks, and I will make sure they go to the extent of the Easement corridor. I can take everything about 2.5-3m away from my boundary. I was glad my solicitor is very experienced and supplied the wording and drew the hatched area on the deeds - protecting me more than I realised at the time.

 

Brief legal advice indicates that if necessary I can protect that at law.

So I am probably about as sure as I can be, given the vagueness of the planning system. I think this is a better option than eg getting it called into committee.

Cheers

 

Edited November 9, 2017 by Ferdinand

[ProDave]

Related to this withdraw the application thing.

 

I will tell the cautionary tale of someone I used to work with. He applied for a massive extension to a house more than doubling it's size. It met with several objections.  He was advised to withdraw and re submit.

 

What he actually did was submit a second slightly different application, which got a new application number. THEN he withdrew the original.

 

Nobody noticed the new application number and when it came before the planning committee, there were "no objections" and it was passed.

 

I think his planning consultant knew the system and played it.

[Ferdinand]

16 hours ago, ProDave said:

Related to this withdraw the application thing.

 

I will tell the cautionary tale of someone I used to work with. He applied for a massive extension to a house more than doubling it's size. It met with several objections.  He was advised to withdraw and re submit.

 

What he actually did was submit a second slightly different application, which got a new application number. THEN he withdrew the original.

 

Nobody noticed the new application number and when it came before the planning committee, there were "no objections" and it was passed.

 

I think his planning consultant knew the system and played it.

 

I think I have some sympathy for the developer in this situation - the second application was perhaps a cheaper and quicker Plan B to Appealing the first, and may eg have allowed building to commence months earlier.

 

Since it was a new application, the relevant people would have received another notice and seen the new post on lampposts etc, and if they chose not to follow it up then that is mainly their own responsibility.

 

Unless I have not understood the precise process in these circumstances.

 

Edited November 10, 2017 by Ferdinand

[Ferdinand]

This proposal has now been formally refused on grounds of Parking and Amenity Space, despite the applicant offering a "three rooms and a study room" (!) alternative.

 

Report attached.

 

@jack Please would you hide this thread from teatime on 23/11. Thanks

 

Ferdinand

 

201710-Planning-Proposal-report.pdf

[jack]

Sure, will do.