Compensation when planning permission is granted after appeal

[chris]

Hi,

I'll try and keep this brief as it's a very long story.

We own a small plot of land which we purchased with outline permission in place for two dwellings.

It was agreed by all who saw the land that it could easily be pushed to three dwellings, so we decided to apply for three using the normal channels (full plans submission).

The local planning officers looked at the site and recommended that we should be allowed to have three, but a small band of local residents were against the project and contacted thier local Politicians, for this reason the final decision at a local level had to go to a full planning meeting, at which a majority of local councillors said no, because of frankly ludicrous reasons - but a no is a no!

We were therefore forced to go to appeal (written representation). Almost seven months later and error after error on the part of the Inspectorate we have today had a yes - yippppeeee.

Note that the target time for a decision is normally 16 weeks!!!

Our company has suffered financially of the back of these events, namely - having cash tied up, extra fees involved, time spent writing letters etc. etc. etc.

The Architect tells me that compensation may be available.

My questions are: Is this the case? has anyone had any experience? What costs are involved? What are the chances of success? Bear in mind we work mainly within that area are we going to cut our nose off to spight our face when it comes to future decisions?

I thought I'd ask these question here before getting too involved and possibly wasting more time on a 'losing horse'.

Many thanks Chris

[Chris Bacon]

Why, you twit??

Personally I hope you make a large and irretrievable loss.

[Partac]

Hardly likely now they have planning consent. The increased value of the land alone guarantees a fat juicy profit.

[sm_jamieson]

In certain circumstances compensation may be claimed from the Local Authority if permission is refused or granted subject to conditions by the Secretary of State on appeal or on reference of the application to him. These circumstances are set out in section 114 and related provision of the Town and Country Planning Act 1990.

See

[Chris]

Thanks for the advice Simon. In reply to Chris Bacon - What the hell is your problem?

[Chris Bacon]

You and your ilk who don't seem to have the sense to post in an appropriate forum (or even post properly at all, but then again you *are* from a group of people who are well- known for that).

[Chris]

Looking through the topics it seems that this forum is not restricted to DIY only, there are some very knowledgable people on here. If you can't help answer the question then why waste your time replying at all, perhaps you have too much time on your hands so resort to petty name calling. Go back to school and take the p*** out of other peoples Mums like the other children.

[Chris Bacon]

Be honest with yourself - you aren't one of them, are you.

[Dave Fawthrop]

|> Why, you twit?? |>

|> Personally I hope you make a large and irretrievable loss. | |Hardly likely now they have planning consent. The increased value of the |land alone guarantees a fat juicy profit.

Which the courts will deduct from any costs incurred. IANAL |

[Chris]

And neither are you, the difference is I've never claimed to be. I wonder if you would be so lairy if we were chatting face to face - seems unlikely

[Dave Fawthrop]

|And neither are you, the difference is I've never claimed to be. |I wonder if you would be so lairy if we were chatting face to face - |seems unlikely

Please who were you replying to? and what are they not? No one will ever know unless follow netiquette, quote and snip the post you are replying to.

[Chris]

Sorry Dave we must have posted at the same time, not you - Chris Bacon

[Bob Eager]

The point, Chris, is that not everyone sees these posts in the same order as you - it depends which server they are using, and on lots of timing issues. So, it's necessary to quote some 'context' (part of what you're replying to) complete with the name of the poster, so that others can make sense of what you are saying.

Part of the problem is that you are using a far from ideal way of injecting your posst - Google Groups. But there is an option to quote the post you are replying to. It's best to use that...but then trim unnecessary material, laeving a suitable amount to provide the context.

[Dave Fawthrop]

|On Fri, 9 Jun 2006 15:57:02 UTC, "Chris" wrote: | |> |> Sorry Dave we must have posted at the same time, not you - Chris Bacon | |The point, Chris, is that not everyone sees these posts in the same |order as you - it depends which server they are using, and on lots of |timing issues. So, it's necessary to quote some 'context' (part of what |you're replying to) complete with the name of the poster, so that others |can make sense of what you are saying.

Indeed long experience teaches that the Usenet system of distributing posts is prone to timing problems, and worse loses the occasional post :-(

|Part of the problem is that you are using a far from ideal way of |injecting your posst - Google Groups. But there is an option to quote |the post you are replying to. It's best to use that...but then trim |unnecessary material, laeving a suitable amount to provide the context.

I did mention netiquette which is mentioned in *all* usenet primers, and tells exactly how it should be done.

[John Rumm]

He just enjoys being obnoxious... no need to worry he is always like that! ;-)

[John Rumm]

Quite agree Bob!

However it does pose the question, are there folks out there who use their newsreaders with threading turned off? If so why?

Given the choice of all posts appearing in a tree view, grouped by subject, where it is obvious which post is a reply to which, or a flat mess of posts in the order they arrive, I can't see any reason for opting for the latter.

[mogga]

When he comes to sell the houses will he have to declare a dispute with neighbours? (Or only if they try harder!) :)

[Bob Eager]

I use neither, although my newsreader supports them. I prefer a flat view, but sorted by subject, with 'read' posts suppressed and answers to my posts highlighted in a chosen colour. I can click on any column (subject, poster, date, number of lines, etc.) if I want to change the sort order...

[Lobster]

I can't imagine why you would or could be compensated - by who? From what you've said, surely you've just had the bad luck to be at the wrong end of the normal democratic process - somebody simply exercised their right to object to your plan.

Shouldn't you be counting your lucky stars that you ended up with a favourable outcome?

David

[Chris]

Don't get me wrong I am counting my lucky stars! The only reason I am looking into this is A) The Architect told me this was a possibility and B) the whole case was handled so badly by the local Council and the Inspectorate - I feel I have a legitamate grievance.

Like I said, I wanted to keep the question brief, but if I were to outline the whole story it would run to pages and pages, If you think the Home Office are bad you should try dealing with these guys!!