Is it worth going to appeal against the council planning department?

Is it worth going to appeal against the council planning department?

5:01 AM, 14th June 2016, About 8 years ago 14

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I am converting a warehouse with planning department permission into 3 dwellings the 1st of the dwellings I am renovating into a 9 bed HMO.appeal

The planning dept have kept me waiting for over 6months for a decision. Finally they have recommended for approval, but last week the council planning committee voted 9 out of 12 to refuse permission. Total Joke!

Now i need to go to appeal. My architect reckons appeals are now taking over a year and that I will lose as the government are trying to save councils money in expensive costs for lost appeals and that appeal officers are effectively one of the same kind as the council and on there side!!

Is this true?

I don’t know whether to appeal or try to negotiate with planning to modify the plans?

Many thanks

John

 


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Comments

Harlequin

13:36 PM, 15th June 2016, About 8 years ago

Reply to the comment left by "Tony Atkins" at "15/06/2016 - 12:50":

You can go to appeal now as it is well past the 8 week stage so there is no point in waiting for it to go to committee and be refused. But Tony is repeating what I said and that is to communicate with the planning officer. There must be a reason he is recommending refusal and he will have to tell you if you ask and then you can work with that - it may be an a . A council will always go all out to avoid an appeal as it is an expense for them and they have to be accountable - as in they work for us (I would never advocate saying this out loud to anyone but if you keep it in mind it is harder to be intimidated by a council employee). I have even heard it in committee if there is a difficult/spit decision and a the chair will say 'this will go to appeal if refused' and another vote is found.

AnthonyJames

13:47 PM, 15th June 2016, About 8 years ago

Reply to the comment left by "Harlequin Garden" at "15/06/2016 - 11:46":

Sorry, we seem to be confusing two issues here. The original poster called John said his officer recommended acceptance; it's Surinder's later comment that introduced the issue of how to deal with an officer who is inclined to refuse.

Harlequin

14:09 PM, 15th June 2016, About 8 years ago

Doh!

The comment about councils not going to appeal to save money is perfectly correct - so on that basis they put through anything with a question mark over it and if the applicant is likely to appeal. In this case it does not apply as they have refused (!) and you are the one going to appeal. If you appeal you cannot provide any extra information on top of what you have already provided - the Inspector will decide on the original application.

Again, speak to the planner, you have the refusal reasons now and see what you need to do to get a it through, if it's that important get a planning lawyer/specialist - and definitely threaten appeal if the reasons for refusal are on the weak side - it is the decision of elected but untrained people, the trained person recommended approval.

I won't get caught up with any more responses!

MoodyMolls

16:51 PM, 15th June 2016, About 8 years ago

Another reason for houses not being built are the NIMBY'S the local councillors where I am quite often refuse a planning app up for approval by the Planning Officers and ignore their advice.

I believe this is to keep their seat I would say very corrupt with apps being decided in the back room before being put before them. They then get everything they can think of put on the refusal notice.

I think the appeal inspectors have been refusing more in the last few years than they did in say 2008.
The appeal rate use to be about 75% pass not sure what it is now.

I feel sorry for the Planning Officers as I think in the main they are pro development although they normally like to haveless units than you would like.

They get all the crap from Nimbys and then have local councillors vote it out .

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