Planning - Legal advice regarded urgently.

Planning - Legal advice regarded urgently.

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disad-vantage-d

Original Poster:

813 posts

219 months

Wednesday 17th September 2014
quotequote all
I apologise if I am on the wrong part of the forum for this.

I require some advice regarding a planning application concerning a change of use to a former nursing home in my village and was hoping there may be someone on here who could shed some light.

It has come to notice, purely by chance that a PLC has purchased a premises in the centre of our small village and has applied for a change of use.

I do not really want to go into the rights and wrongs as to their intended use.

I am more concerned as to our local authorities handling of this matter. In that they have strictly limited the notice of planning to a handful of properties within only a few yards of the premises. Including informing only the first six houses in a terrace of twelve opposite the premises.

The notice itself gives no information to indicate any intended use for the premises (of which there are serious concerns).

The manner in which this has been submitted has raised concerns in the village that this has been a deliberate act of complicity between the PLC concerned and the local authority planning department, so as not to raise objection.
This suspicion is given further weight by the fact that the PLC involved is actually featured on the local authority website.

I have researched objecting to planning applications and the whole process appears rather one sided.

But my query here is: How can our local authority be trusted to make an impartial decision and we seriously question their integrity in this process, particularly in view of their apparent affiliation with this company? And is there any way of questioning, challenging them or complaining on this basis?

We would really appreciate any qualified advice regarding this...

Edited by disad-vantage-d on Thursday 18th September 00:28

sday12

5,053 posts

210 months

Wednesday 17th September 2014
quotequote all
Have you spoken to your councillor?

LOADS OF MONEY

7 posts

174 months

Wednesday 17th September 2014
quotequote all
You need to contact the Department of Environment for advice

disad-vantage-d

Original Poster:

813 posts

219 months

Wednesday 17th September 2014
quotequote all
Thanks for that.

With regard to councillors, we are trying to engage. But are a little suspicious as to their allegiances.

loafer123

15,404 posts

214 months

Wednesday 17th September 2014
quotequote all

I presume the issue is something like a change of use from nursing home to mental hostel.

I would write to the local authority asking for confirmation of the extent of their consultation and verify, as far as you can, whether they have kept to it.

If not, whether or not planning is granted by the committee, you can then apply for a Judicial Review which is purely available on the grounds of mishandled process.

In terms of planning, you need to establish whether the application is in line with the adopted local policies. Emotion is irrelevant, other than in gaining the attention of councillors. That can be well worth doing - they can ensure proper scrutiny and lobby the committee for a refusal.

Kaj91

4,705 posts

120 months

Wednesday 17th September 2014
quotequote all
disad-vantage-d said:
Thanks for that.

With regard to councillors, we are trying to engage. But are a little suspicious as to their allegiances.
They are all loyal to the £.

Crafty_

13,248 posts

199 months

Wednesday 17th September 2014
quotequote all
Surely if you made an enquiry with the council as to what the exact procedure is for how they accept and process planning applications they would have to tell you/send you a copy of the procedure, which you can then check to see they've done everything above board.

If they haven't thats the starting point.
If they have, I don't see there is much you can do, other than make sure everyone lodges a complaint about the application.

Lotus 50

1,009 posts

164 months

Wednesday 17th September 2014
quotequote all
LOADS OF MONEY said:
You need to contact the Department of Environment for advice
No Defra isn't the right place to contact as they don't have much to do with land use planning. If the OP wants to find out about the land use planning process and planning policy guidance he needs to contact the Department for Communities and Local Government (DCLG) - the best place to start is the Gov.uk website or the planning portal. If he wants to find out about the particular case he's worried about then the planning department in his local authority is the place to go to.

Hub

6,411 posts

197 months

Wednesday 17th September 2014
quotequote all
I doubt there is a ploy to limit objections, they could be done by the ombudsman if they don't do the right thing.

Are there no notices on lampposts? They normally do that even if writing to a few directly adjoining properties. Contact your ward Councillor if you have concerns.

GreatGranny

9,097 posts

225 months

Wednesday 17th September 2014
quotequote all
Link to planning application ?

Steve H

5,224 posts

194 months

Wednesday 17th September 2014
quotequote all
Kaj91 said:
disad-vantage-d said:
Thanks for that.

With regard to councillors, we are trying to engage. But are a little suspicious as to their allegiances.
They are all loyal to the £.
They are usually very conscious of the fact that the people that are complaining about them are the same people that are voting them in or out at the next local election. Unless you are suggesting that they are getting individual dodgy payoffs (pretty rare I would think) then they have every reason to be involved on your side if enough constituents are interested.

robinessex

11,046 posts

180 months

Wednesday 17th September 2014
quotequote all
Engage local paper. They just love the council getting up to naughties. Plus it'll gain you a lot of free publicity. Great if you want to raise objections. You can swamp the planning department with them. And of course, button hole the councillors from ALL the political parties, play one off against the other. Plus any local organisation or org anisation who'd have an interest in the change of use being not in their interest. Is the existing building worth a listed status. Any large trees on site, ask for tree preservation order on them. Basically, make the biggest nuisance you can. A planning submission on a large, exclusive estate nearby me, has been 'on hold' for nearly 5 years because of badgers using the exisiting gardens!!

disad-vantage-d

Original Poster:

813 posts

219 months

Thursday 18th September 2014
quotequote all
Thank you all for replying. I am taking on board all of your suggestions. I intend to make some phone calls tomorrow and will update accordingly.

disad-vantage-d

Original Poster:

813 posts

219 months

Thursday 18th September 2014
quotequote all
GreatGranny said:
Link to planning application ?
The planning application merely wants the restriction on being a home for the elderly removed.


disad-vantage-d

Original Poster:

813 posts

219 months

Thursday 18th September 2014
quotequote all
Hub said:
I doubt there is a ploy to limit objections, they could be done by the ombudsman if they don't do the right thing.

Are there no notices on lampposts? They normally do that even if writing to a few directly adjoining properties.
We believe they have done the absolute minimum required in order to minimise the exposure of the proposed change of use,
in the knowledge that otherwise there would be considerable public objection.

disad-vantage-d

Original Poster:

813 posts

219 months

Thursday 18th September 2014
quotequote all
Hub said:
I doubt there is a ploy to limit objections, they could be done by the ombudsman if they don't do the right thing.

Are there no notices on lampposts? They normally do that even if writing to a few directly adjoining properties. Contact your ward Councillor if you have concerns.
Which Ombudsman would that be?

elanfan

5,516 posts

226 months

Thursday 18th September 2014
quotequote all
What's the betting they want to change the use to house young offenders or yoofs with 'behaviour' problems and your low crime rate and anti social stuff will go through the roof.

Trouble is no-one wants it on their doorstep!

ging84

8,828 posts

145 months

Thursday 18th September 2014
quotequote all
disad-vantage-d said:
We believe they have done the absolute minimum required in order to minimise the exposure of the proposed change of use,
in the knowledge that otherwise there would be considerable public objection.
If they've done the absolute minimum, they've also done the absolute maximum, the procedures here are absolutely rigid
It's not a publicity campaign, it's a statutory process and the district council must be impartial, if they did too much or too little one side has grounds to complain and may be able to appeal a decision.

Your village will most likely have a parish council, they should be keeping an eye on the planning applications in your ward, they are able to raise awareness of such issues, if you feel they have let you down by not doing so or there is some coruption going on, it will make no difference to the application

dingg

3,974 posts

218 months

Thursday 18th September 2014
quotequote all
drug rehabilitation unit is my bet

come on OP spill the beans, whats the intended use that causes you so much concern??

loafer123

15,404 posts

214 months

Thursday 18th September 2014
quotequote all
Drug rehab probably within the same class - C2 - and therefore fits with the description "removal of restriction".

Most other nastier uses would require a change of use to C2A.

http://www.planningportal.gov.uk/permission/common...