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Posted

Hi all,

Long story short, we had work completed in the garden and we're told by the council to put in a retrospective application as a small portion had been raised over 300mm. Application went in and was rejected, lots of back and forth with the council and complaints raised. We put in a second application with different mitigations and have just been told this one has also been recommended by the case officer for refusal, but because of the controversy with the first application, it has been called to planning committee. The problem I have is I was told this morning it will be heard on 2nd July (1 week and 6 days time). I'm booked in to have a C-section the 27th June so there is no possible way I can attend and our agent is on holiday to Italy, so basically nobody can go on our behalf. I've requested they postpone it due to our circumstances and the short notice they've given in notifying us, but they've rejected this. I can't find anything online, but is there any policy/legislation that provides a timescale of when applicants should be notified that there application is going to the committee?

Thanks all

Posted

300 mil seems harsh 

Have you some photos 

Posted

That is very odd.  There is normally plenty of notice for the committee meetings, especially as you are the applicant.  Less than a fortnight is ridiculous.  Did the officer recommend refusal?  You could still appeal.

Posted
50 minutes ago, Mr Punter said:

That is very odd.  There is normally plenty of notice for the committee meetings, especially as you are the applicant.  Less than a fortnight is ridiculous.  Did the officer recommend refusal?  You could still appeal.

Yeah she recommended a refusal, but hasn't sent through her report yet so we have no idea why. 

 

I can't find anything in guidance to say how much notice needs to be given, but 1 week and 6 days especially during the summer when people are on holiday seems really unfair

Posted
1 hour ago, nod said:

300 mil seems harsh 

Have you some photos 

It's really harsh, we basically tiered the garden which resulted in 5% of it being raised over 300mm and being classed as a raised platform

Posted

Have just been told by the planning officer that the comment period doesn't even end until the end of June! So she's refused it before allowing time for the neighbours to make comments and seems to be rushing it through to be held in July's committee

Screenshot_20250619-151314.png

Posted

Why on earth is it going to committee if the recommendation is refusal?

Why not refuse under delegated powers?

Seems very strange, who called it in and why?

 

Our application was called in only in the event of a positive recommendation by the officer.

 

Bewildered!

Posted
1 hour ago, Johnnyt said:

Why on earth is it going to committee if the recommendation is refusal?

Why not refuse under delegated powers?

Seems very strange, who called it in and why?

 

Our application was called in only in the event of a positive recommendation by the officer.

 

Bewildered!

Our ward councillor called it in because of the complaints we put in about the council planning department.

 

Ours was the opposite and only to be called in if the officer recommended it was rejected 

Posted
6 hours ago, LJC1995 said:

So she's refused it before allowing time for the neighbours to make comments and seems to be rushing it through to be held in July's committee

 

I suspect she hasn't actually formally refused it but has said she will be recommending refusal. It's not totally unheard of for a committee to approve something even if the planning officer recommends refusal.

 

I think I would tell the planners that you cannot attend at such short notice for medical reasons and if they cannot postpone you will have no option but to appeal if the application is refused. 

 

In my day there was nothing to stop you lobbying committee members before the meeting. I suspect it might be frowned upon but you could write to committee members to let them know your case will be on the agenda and explaining why you are unable to attend.  Make your case in writing. I would keep it to one page and possibly just the bullet points. Conclude by saying you hope they will be able to approve the application but if not would they be willing to propose it is moved to the following meeting to allow you to attend. 

Posted

You say tiered your garden.  If the other end of whatever you have built is less than 300mm above the original ground level, it might all be permitted development anyway. For example, a deck that starts off 200mm above the natural ground level adjacent, and ends up 1m high as the ground slopes away is still PD. Have a read of this thread and see if it applies to you. Councils have been known to get it wrong interpret the rules incorrectly...https://www.diynot.com/diy/threads/garden-decking-height.491731/

Posted

Have a look at your council's Statement of Community Involvement (SCI) and see if it says anything around notice for committee or reasonable adjustments that could allow committee to be postponed. 

Posted
On 19/06/2025 at 10:35, LJC1995 said:

I can't find anything online, but is there any policy/legislation that provides a timescale of when applicants should be notified that there application is going to the committee?

 Scotland or England?

 

Posted
On 19/06/2025 at 17:17, LJC1995 said:

Our ward councillor called it in because of the complaints we put in about the council planning department.

 

Ours was the opposite and only to be called in if the officer recommended it was rejected 

At our recent committee hearing, there was an application for a solar car port.  Recommended for refusal by planning officer, but applicant spoke along with his local councillor.  The result was that the committee voted in favour and overruled the planning officer. 

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