August 21, 20242 yr 2 hours ago, Alan Ambrose said: but I assume this is because these docs are nominally 'new evidence'. Not really. If they were referred to in the statement of case, it's probably just that the Inspector can't locate them. 2 hours ago, Alan Ambrose said: Would I be allowed to supply new documents at this late stage or would I be penalised for failing to provide them? I'm not sure what the question is meant to be asking, but you certainly won't be able to introduce new documents that haven't been previously referenced in your application or statement of case.
August 21, 20242 yr >>> it's probably just that the Inspector can't locate them. Yes, because the LPA didn't supply them, so they are supplying them only on request of the inspector a mere 1 year after the appeal was lodged. My question was rhetorical - would I be allowed to do this in a similar way to the LPA? Or would I be penalised by having that part of the evidence ignored or a similar penalty. That is, is the LPA getting more lenient treatment than the appellant might? And to avoid any doubt - yes, I think they are. Similarly for following the Procedural Guide.
August 21, 20242 yr It's weird that if they are policy documents, they are not publicly available... You are right though, if you'd just mentioned a document by name but hadn't provided it, and relied on it to make your case, I doubt the Inspector would ask you for it now as technically it wouldn't have been available to the LPA if it isn't public. It's sort of the same reason why you can only respond to the LPA statement of case and can't introduce anything new at that point otherwise you'd end up going around in circles with each new piece of evidence. It does sound strange. Did you have access to the policies mentioned at the point of appeal?
August 21, 20242 yr Author Inspectorate have come back to me asking that I attach the relevant plans from the refusal notice, which I thought I had. It seem not, the refusal notice is referencing the outdated drawings that were superseded and formed part of the re-consultation we had to go through. I have now had to go back to the planning department and ask what the process should be. I am not sure if they need to issue a corrected decision notice and new circulated report! Can't make this up. Edited August 21, 20242 yr by Havkey100
August 21, 20242 yr >>> It's weird that if they are policy documents, they are not publicly available... Actually, they are, the inspector is just being 'thorough' or lazy. >>> Inspectorate have come back to me asking that I attach the relevant plans from the refusal notice Just send those to the inspector even if they're not correct, explain why they're not correct and also supply the correct ones? >>> I have now had to go back to the planning department and ask what the process should be. It's likely they have no idea, so suggest as above. This is the 'validation' stage of your appeal? Edited August 21, 20242 yr by Alan Ambrose
November 4, 20242 yr Author LPA response is no change to their assessment, but they recognised the incorrect versions of the plans had been referenced in their report. Final comments are open until 12th November. Still awaiting a site visit date from the Planning Inspector.
December 3, 20241 yr Author We have an appeal inspector now and hopefully will have site visit. On the bright side, I think we have somebody who can bring a balanced view to the application. Having read a similar one the inspector decided on, they had this to say on the 12m rule we are being subjected to: 'The amendments made to the previously rejected scheme are noted, as is the appellant’s contention that the western facing wall could no longer be regarded as ‘blank’ in terms of the Council’s TAN3. I share the appellant’s view that ‘the 12m minimum distance is guidance rather than strict regulation and each application can be reviewed on its own merit and the local impacts assessed’. Given we are at 11.5m, at an angle, don't have a blank elevation and much much better than guidance on the 25 degree rule I would hope that we can reach a similar accordance.
December 3, 20241 yr 3 hours ago, Havkey100 said: We have an appeal inspector now and hopefully will have site visit. On the bright side, I think we have somebody who can bring a balanced view to the application. Fingers crossed, with my appeal the inspector sided with me on all counts.
December 5, 20241 yr Author On 03/12/2024 at 16:20, Alan Ambrose said: You've clearly been doing your homework, so you deserve to win on this Have spent a lot of time on it. As many others have experienced, we just want a fair shake at it. It seems we are being held to the whims of a personal opinion from one person, given our case officer was actually happy with even our original design. We made several changes to offset the concerns of the authorising officer, but they pretty much ignored them. I did have this from the inspectorate: "In the interests of clarity, and having regard to the appellant's initial correspondence and grounds of appeal, would the appellant produce a list of the plans, with references, it wishes the Inspector to consider, and which it considers was subject of the Council's determination. " Maybe that says a lot about the lack of clarity from the council on which version of the plans their report was based on. I have clarified again, which aligns with my appeal documents.
December 19, 20241 yr Author Site visit now done. The inspector was there for about 10 minutes, not sure if that's good or bad! Checked the kitchen/diner view and the dual aspect bedroom. Went outside and asked about the intentions for replacing the lleylandi, which will be a dry stone wall with native planting. He seems to take 3 or so weeks to issue a report. Fingers crossed.
December 20, 20241 yr 16 hours ago, Havkey100 said: Site visit now done. The inspector was there for about 10 minutes, not sure if that's good or bad! Probably more a reflexion of their workload!
December 20, 20241 yr Author Yes, he seems to do 5 or so visits in a day then write them up over a few weeks.
January 6, 20251 yr @Havkey100 Just happened to read your original post - that could have been a copy and paste of my experience during our first application. Fingers crossed for you!
January 6, 20251 yr Author 27 minutes ago, Great_scot_selfbuild said: @Havkey100 Just happened to read your original post - that could have been a copy and paste of my experience during our first application. Fingers crossed for you! Thankyou. Seems the reports are trickling out from that weeks appeal visits so we may hear something soon!
January 7, 20251 yr Author 27 minutes ago, mjc55 said: Fantastic news, you must be so relieved. Massively. It has added a 7 month delay. We are lucky in that we are at my in laws, the house is spacious so we have no real issues.
January 7, 20251 yr Author Relevant sections: 12. One of the closing paragraphs of the TAN deals with the planning balance in the determination of planning applications. In this case I have found that in terms of the main issue that most of No 37’s external areas would not lack acceptable outlook or be dominated or suffer adverse visual impact if the proposed new house were built. The same would apply to the large room served by the French doors. I find differently in respect of the bedroom. However, having regard to the many factors in the development’s favour, this is insufficient reason, in itself, to refuse permission. 13. In conclusion, I find, on balance, the proposed development would not unacceptably harm the living conditions of No 37’s future residents. Accordingly, I find that no significant conflict arises with those provisions of Policy PSP8 of the South Gloucestershire Local Plan Policies, Sites and Places Plan directed to ensure that new development should not have an unacceptable impact on the residential amenity of occupiers of nearby property. At some point I will drop in my appeal document. It is hefty, but I tried to leave no stone unturned. Edited January 7, 20251 yr by Havkey100
January 9, 20251 yr Author Appeal Decision notice attached for anyone who is interested. 3350167 Appeal Decision (1).pdf
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