Submitting outline planning application with the expectation of needing to appeal?

[chazzyjeff]

Just wondering if anyone has done this and how foolhardy it may be as a strategy?

 

I'll try to keep the situation brief.

A planning consultant identified some land as suitable for development, specifically for an unsubsidised affordable dwelling for ownership where the intended occupier (me) provides the affordable housing themselves.

The pre-app enquiry was negative.

The advice given by the officer cherry picks/ takes out of context the national guidance to support the negative viewpoint.

The biggest stumbling block which the officer highlighted has actually had specific guidance issued in 2010 to deal with it. This guidance specifies best practice etc and the officer essentially advises that the Authority would seek to ignore this advice/ use worst practice which would ensure the project would be unviable; this issue relates to the Mortgagee In Possession Clause which is intended to balance the needs/ security of lenders versus the need for ensuring affordability in perpetuity. It's complex but I now have a good grasp of it and am happy to explain if anyone is interested.

 

The planning consultant has now taken a very negative view of his own initial appraisal but won't say exactly why. They do not seem to be willing to challenge the Authority at all with regards the cherry picking/ ignoring of guidance/ best practice and advice notes etc.

Having learned a lot about the issues identified by the officer I personally can't see how the Authorities position would ultimately stand up to scrutiny and so, against the advice of the planning consultant, I'm considering putting in an "all matters reserved" outline application almost with the expectation that I'll have to appeal to the inspectorate.

It seems like too good a potential opportunity to just give up when there seems to be something fishy or prejudiced going on. Everything on paper seems in order but the opinions of the officer in particular seem incredibly negative.

Basically I want to test the principle of this development with the committee and potentially the inspector, hence the "all matters reserved" option as I don't want to shell out on detailed drawings etc.

People say the planning system is corrupt and I really do feel that this may be the case here (the land/ my father definitely has some "bad planning history") and from the appeals I've read, inspectors reference their decisions meticulously against local and national guidance etc.

Any thoughts much appreciated!

 

 

[BigBub]

Other than outline permission, you could also consider the Permission in Principle (PIP) route as this only requires an application form, site location plan and fee.

[chazzyjeff]

34 minutes ago, BigBub said:

Other than outline permission, you could also consider the Permission in Principle (PIP) route as this only requires an application form, site location plan and fee.

Many thanks, I didn't realise that was an option. I'll check again on the PAs website and see if there's a form. It seems most appropriate because all other issues can likely be overcome (it's a very straightforward site including it's lack of potential for affecting neighbours) so it's a matter of properly testing the major issue which is a paperwork job.

[IanR]

2 hours ago, chazzyjeff said:

People say the planning system is corrupt and I really do feel that this may be the case here

 

It would be better to not think the negative response you received was due to corruption. That would leave you under the likely misapprehension that it will be easy to counter once others are considering the details. Mistakes do get made and maybe this is one of those occaisions. You would need to set out your application to counter the issues raised by the officer.
 

2 hours ago, chazzyjeff said:

The planning consultant has now taken a very negative view of his own initial appraisal but won't say exactly why. They do not seem to be willing to challenge the Authority at all with regards the cherry picking/ ignoring of guidance/ best practice and advice notes etc.

 

The Consultant you used should explain to you why they feel the Planning Officer's argument cannot be challenged. Ask for a face-to-face meeting, and keep asking questions until you understand his/her new point of view, or until they have accepted yours. It's unlikely to be black-and-white, It may help you understand if there is a way around the Planning Officer's arguments against development.

If you still can't understand the Planning Consultants view, then perhaps get a second opinion.

Planning applications, and their appeals are long and drawn out, you need to be sure that you have understood why your opinion is different to the Professionals.

[Big Jimbo]

perhaps, your planning consultant is quite happy for the application to get refused, and go to appeal. 

That way they will get to charge you a load more money for a further planning statement etc. £££££

Just saying.

[ToughButterCup]

5 hours ago, chazzyjeff said:

...

A planning consultant identified some land as suitable for development,

...

The planning consultant has now taken a very negative view of his own initial appraisal but won't say exactly why

....

It seems like too good a potential opportunity to just give up when  [because? my emphasis] there seems to be something fishy or prejudiced going on

...

Basically I want to test the principle of this development ...

 

 

You write about possible motive. ( fishiness). Almost always a mistake because normally nobody can evidence motive.

You want to test the principle? Do so. 

You want to reduce the risk of doing that? Ask another Planning Consultant.

Research -online- similar Applications in your LPA : know why and more importantly why NOT you should be given Planning Permission on the basis of evidence. And that's there for anyone to find.

Edited Tuesday at 16:09 by ToughButterCup