Planning application process - and complaint?

I know this is probably legal but legal never seem to know anything about legal matters.

Scenario as follows:

1) near neighbour came to me a month ago and said he was going to apply for planning permission for a one room extension ( asked if I would mind).

2). I find our by ear wigging discussion with another neighbour( builder) that said one room extension is major reshape of his property from bungalow to house with three storey extension - slap bang in front of my bedroom window.

( thinks I will watch for planning permission and make sure I see plans and object if need be)

3) I know planning procedure is as follows a) post yellow notice on gate of dwelling where planning is applied for b) post letters to all neighbouring properties who can see the dwelling where proposed extension is to be c) put it in local paper ( although not all planning applications make the paper - they say its "those which are of public interest" whatever that is defined as.

So, last three weeks checking paper , watching for notice on gate etc, so as not to miss it - and waiting for letter.

Today I had cause to go to council offices planning dept on another matter. I asked as a matter of course about the planning procedure and how long it was before the posted notices etc.

I was told as (a) (b) and (c) above. I was told I would be written to when neighbour put in his plans. But girl wanting to be helpful said she would look and see if it had arrived recently.....

Bombshell!

Planning permission was GRANTED on the 5th May 2004 - that was more than a month BEFORE the neighbour came to me and said he was "thinking of applying for permission"

More

I was not notified in writing by planning office when this application was put in

I did not see notice on neighbours gate - I drive past it daily and like all things in the village I look for yellow planning notices so I KNOW I HAVE NOT seen it.

It was not in the local paper - again I always read planning appls.

So , how was I to know a planning application had been made.

Another woman in office heard the scenario and told me without room for argument that a planning notice would have been placed on the property and I should have seen it.

I told her without room for argument I had not seen one ( now it could have blown away - or more likely neighbour took it down , it is possible since they are only tied on to the gate with string.

Woman in council was silent ( you could cut it)

I then asked why I had not received a letter

Again silence ( you could cut it!) followed by a reiteration that the dept would have placed a notice on the mans gate and I should have looked!

I asked if there was anything I could do about it now - since I had been lied to by the neighbour and had intended objecting and more , I still wanted to know why I DIDNT get a letter.

I asked if it was possible to view his plans. She said no. I asked again why I hadn't been informed in the normal way ( letter)

Still no reply - she walked away.

Anyone know about these things. Is there anything I can do now?

At the very least can I raise the issue somehow? I dont think the method of putting yellow notices on gates is very effective. Weather aside , a lot of these notices seem to disappear overnight ( taken down to stop people realising there is an application maybe? Its a sad reflection on people but I fear it happens).

How is one to know of a near planning application unless one sees it written up, receives a letter, sees it in the paper( and not all are put in there) or the neighbour is honest enough to tell?

Shouldn't there at least be some way in which notices can be listed where they can be seen and cannot be despoiled or removed at least?

Can I complain , and if so what about precisely to get noticed. Ive already had the ignore treatment.

Reply to
mich
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It is a weakness of the planning system that the posting of notices, writing to affected parties or advertising in the papers is often omitted. AFAIK your only recourse is to make a complaint to the Local Government Ombudsmun. Alteratively go for a judicial revue but expect to pay at least £10K to do so.

Reply to
Peter Crosland

snip tale of woe

We recently applied for (and got) permission to extend upwards and outwards at the back and were not required to have any notices outside.

Only the IMMEDIATE neighbours were informed by letter

Nick Brooks

Reply to
Nick Brooks

I am an IMMEDIATE neighbour! and this is to the front , side and rear of his property, hence I expected the letter for the bit that affected me.

Planning applications were required in this case.

My gripe is the rules they are being flaunted;-(

Could I collar my local councillor about it and get something done to make sure same scenario doesnt happen in future to anyone else? I suspect it happeneing because as I came out another lady spoke to me who had overheard my conversation and said "you didnt get a letter did you ?- I know, thats why I'm here"

In this instance the poor b*gger who has made and got the application will find himself with a bloody great hedge in his windows as I protect my privacy - and I dont have to cut it and I WONT. Its going up BEFORE he builds. I am out planting it now!

If he wants to say anything. I too can lie - well it wont affect your room will it , after all you wont be coming out this far..... not bl**dy likely. I too can be a pain in the a*ce. ;-P

Reply to
mich

I'd be furious too, but your chances of reforming the system are pretty slim.

Why not check to see what difference an objection from you might have made to his application. It might not have made any difference to the outcome anyway.

I prefer to have a harmonious relationship with my neighbours even if some of them are complete tw*ts (Vowel missing is not an "i")

Nick

Reply to
Nick Brooks

Raise it in writing with your local councillor copying in the chief planning officer and the council leader. State you require a written reply and detailed explanation of the planning procedure within 14 days (this is in line with councils targets). Once you have this in writing you have a sound basis for your objection.

Good luck.

BTW nice spelling of a*ce :-)

Reply to
TonyK

How often is it omitted?

Regards, NT

Reply to
N. Thornton

He will not entertain you unless you have gone through the council's official procedure. This takes time. The drag their feet hoping you will go away.

If a Planning authority fails to do its duty they should be heavily fined. People getting planning permission on appeal should be given expenses as in law courts too.

Reply to
IMM

How long is a piece of string?

Reply to
Peter Crosland

No they weren't, quite the opposite in fact, the rules were being flouted. Try looking up flaunt and flout in a dictionary.

Reply to
usenet

Yeah! You are right, I dont need to look it up - sorry I got it totally wrong. - and my grammar was incorrect too. It was me being a bit ironic.

I had thought it was humerous at the time. A bit like in another post I used the word a*ce for arse ( they sound alike ace ( ass)

I'll make sure I dont do that again and you wont be able to do the typical usenet thing and criticise when you have nothing better to say.

Reply to
mich

I wasn't getting at you in particular, it's just that the perticular error in question is getting more and more common. Lots of people now think that flaunted means flouted. If you intended irony then, sorry, I missed it - one of the risks of usenet, it is very easy to miss things like this.

I don't *often* make comments like this, most of my postings in uk.d-i-y are, I think you'll find, about DIY. So, apologies if it offended, but that wasn't the intention.

Reply to
usenet

Three story? How far is the house away from the boundry?

[snip]

I have heard of (an experienced) more than one case whether planning permission was granted without the neighbours knowing anything about it.

Having said that I am very surprised your neighbour got permission. I wasn't allowed any window in the side wall of my bedroom because it was near the boundry. If your neighbour plans a window there it would, presumably, overlook your house.

Try not to fall out with your neighbour though. I doubt it would help you much. For example you may fall foul of the new "hedge" legislation if you were to plant a tall hedge there.

M.

Reply to
Slartibartfast

I guess neither of us know then.

Regards, NT

Reply to
N. Thornton

In article , mich writes

The council are required to put up notices but the writing to near neighbours is a courtesy, it is not mandatory. The ombudsman will only make a cash award in event of a mistake being made and that is as far as any action goes, you have no recourse against the applicant, only against the council if malpractice can be proved

Reply to
David

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