Can you Sue a Planning Department or Planning Officer?

Can you Sue a Planning Department or Planning Officer?

Author
Discussion

bobo

Original Poster:

1,702 posts

277 months

Friday 5th February 2016
quotequote all
....or are these guys untouchable ?

does anyone have any experience in these matters ?

Thanks




barryrs

4,376 posts

222 months

Friday 5th February 2016
quotequote all
Why would you want to?

Just appeal to the planning inspectorate if you believe they have made an error in judgement.

groomi

9,317 posts

242 months

Friday 5th February 2016
quotequote all
There is an appeals process if you're not happy about a particular ruling. To take legal action, I imagine you'd be taking on the council, not individuals.

bobo

Original Poster:

1,702 posts

277 months

Friday 5th February 2016
quotequote all
groomi said:
There is an appeals process if you're not happy about a particular ruling. To take legal action, I imagine you'd be taking on the council, not individuals.
that was my suspicion. so untouchable then?


barryrs

4,376 posts

222 months

Friday 5th February 2016
quotequote all
Assuming your not looking to appeal then the local authority will have a complaints procedure which you should follow in the first instance.

A planning officer isnt "untouchable" and I have disagreed on a few occasions over the 20 years i have been dealing with them but im yet to meet a planning offer that couldn't justify a refusal by using adopted policy. Thats not to say the decision wasn't subsequently reversed by appeal but that there was no malicious intent behind the decision.

Are you suggesting the planning officer has a undeclared conflict of interest that has had a bearing on the decision?

angrypirate

26 posts

119 months

Friday 5th February 2016
quotequote all
bobo said:
....or are these guys untouchable ?

does anyone have any experience in these matters ?

Thanks
What is your loss? If they have forced you to carry out work that isnt necessary and it can be proven, then yes. If they have denied you planning permission when the house down the road has it for exactly the same thing, then no.

PAULJ5555

3,554 posts

175 months

Friday 5th February 2016
quotequote all
bobo said:
groomi said:
There is an appeals process if you're not happy about a particular ruling. To take legal action, I imagine you'd be taking on the council, not individuals.
that was my suspicion. so untouchable then?
How are they untouchable as you say, either complain to the planning inspectorate or to the CEO of the council or the boss of the individual or police if needed.

Maybe if you give us an idea of whats going on we could be more helpful

bobo

Original Poster:

1,702 posts

277 months

Friday 5th February 2016
quotequote all
thanks all....

a history of unreasonable delays on the same case. now this obviously costs you money if they keep putting the case to the bottom of the pile. but they are at it again....

i would also argue that they ignored their own 3rd party specialist advice on a unilateral agreement figure. making me think whats the point?

obviously i can appeal and the inspector will probably rule in my favor but sets me back another 6 months.

just thinking how i can send a bit of grief their way too?

for me its more about stopping future delays as opposed to getting money off them.


Edited by bobo on Friday 5th February 15:05

Foliage

3,861 posts

121 months

Friday 5th February 2016
quotequote all
Depending what the work it you could just crack on with it 'at risk'.

PAULJ5555

3,554 posts

175 months

Friday 5th February 2016
quotequote all
Could you ask for a meeting with them to sort out what's going on, get someone senior and show them the failings. Maybe you would have to make an official complaint.

gansstraat

186 posts

223 months

Friday 5th February 2016
quotequote all
Submit an appeal on the grounds of non-determination (assuming you're not time barred; planning officers (in Scotland) can sometimes time you out on this if you're not careful to put in place the appropriate extensions of time to the determination periods; most often it's done inadvertently, very occasionally, you suspect it's with intent...). It's a pain and it will set you back at least 6 months but you have no other practical option if the only ground of complaint you have is that the planners have been a bit slow and a bit unreasonable (I'm paraphrasing). In the eyes of the law, it's why the appeals system is there so that you've got a alternative route if you feel you're being badly treated.

Taking an authority to court is a whole different ball game and, trust me, you don't want to go there because you'll lose even if you win. Submit an appeal and force the decision. It might smart but just suck it up. You can always go for costs from the Inspector if you think you can demonstrate they've been unreasonable in forcing you to go down the appeal route.

Steve H

5,224 posts

194 months

Friday 5th February 2016
quotequote all
Chase it up the line, if there are delays ask to talk to the officers supervisor or the Head of Planning, it can also be worth contacting your local councillor and/or the Chair of the planning committee.

I was stalled for about five months on a permitted development build, in the end I got a meeting with the Head of Planning and it was sorted in a couple of hours.

Rattling cages doesn't always make you popular but it often will get things moving, going legal may entrench them into defending whatever they have done.

ferrariF50lover

1,834 posts

225 months

Friday 5th February 2016
quotequote all
Depends. If one has punched you on the nose in Tesco, then yes. If one has rejected your application for a seventeen storey brothel next to a primary school, then still yes, but you'll lose.


bobo

Original Poster:

1,702 posts

277 months

Saturday 6th February 2016
quotequote all
thanks all...

its a 9 unit resi scheme in London.

got the leader of the council involved some time ago, to his credit it helped.

but i think the attitude of the LPA is that they just dont care (irrespective of how high you are willing take it) especially if they take objection to you.

bear in mind this app is a previously consented scheme (so theres no planning issue) with the exception of a S106 viability attached. it took 30 weeks for the LPA to ignore their own 3rd party specialist advice (that agreed with me and that i had to pay for) and say no, because they can....

my point is there is a housing crisis. arnt LPA's obliged to help this issue not hinder it assuming the correct boxes have been ticked and agreed?

this country really would be screwed without the planning inspector. LPA's are far too personal.


gnc

441 posts

114 months

Saturday 6th February 2016
quotequote all
google nestwood homes, spalding. yhen decide if you think its worth it.

Cooperman

4,428 posts

249 months

Saturday 6th February 2016
quotequote all
Speak to your MP face-to-face.

bobo

Original Poster:

1,702 posts

277 months

Saturday 6th February 2016
quotequote all
gnc said:
google nestwood homes, spalding. yhen decide if you think its worth it.
v useful will have a look at those... thanks

bobo

Original Poster:

1,702 posts

277 months

Saturday 6th February 2016
quotequote all
Cooperman said:
Speak to your MP face-to-face.
seeing as its a certain mr Corbyn its probably like trying to get hold of Brandon Lewis ! lol smile

Edited by bobo on Saturday 6th February 17:47

gnc

441 posts

114 months

Saturday 6th February 2016
quotequote all
i have a dozen letters of support from my MP ( even on his christmas card list ) it dont help. they are a law to themselves. forget this democracy idea.

Red Devil

13,055 posts

207 months

Saturday 6th February 2016
quotequote all
gnc said:
google nestwood homes, spalding. yhen decide if you think its worth it.
For those who may be interested - http://www.11kbw.com/uploads/files/R_NestwoodHomes...