New Build Planning Frustrations

[Alan Ambrose]

Ah thanks, interesting.

[garrymartin]

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.

[Alan Ambrose]

>>> 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.

[garrymartin]

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?

[Havkey100]

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 It seem not, the refusal notice is referencing the outdated drawings that were superseded and formed part of the re-consultation we had to go through.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 by Havkey100

[Alan Ambrose]

>>> 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 by Alan Ambrose

[Havkey100]

Yes, already done as recommended by the planning consultant.

[Havkey100]

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.