Can you Sue a Planning Department or Planning Officer?

Can you Sue a Planning Department or Planning Officer?

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Discussion

bobo

Original Poster:

1,702 posts

278 months

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

does anyone have any experience in these matters ?

Thanks




bobo

Original Poster:

1,702 posts

278 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?


bobo

Original Poster:

1,702 posts

278 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

bobo

Original Poster:

1,702 posts

278 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.


bobo

Original Poster:

1,702 posts

278 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

278 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

bobo

Original Poster:

1,702 posts

278 months

Tuesday 9th February 2016
quotequote all
The Moose said:
It's not Westminster, is it?!

Having a nightmare with them at the moment rolleyes
no, islington planning department .....

what beggars belief is they really are operating well outside of their own policy.

in addition whats the point in having planning officers if they have no jurisdiction/authority and just get over ruled constantly by senior management even if it is in line with policy?

may as well get rid of planning officers altogether. just have a senior planners execution jury roman emperor style with a thumb raised or lowered lol. at least it wouldn't take them 30+ weeks to determine something that's been previously consented even if they intend to refuse it anyway - but then i suppose that wouldn't be 'inconvenient' for the developer.


bobo

Original Poster:

1,702 posts

278 months

Tuesday 9th February 2016
quotequote all
Hub said:
Planning departments have been hit harder than average by significant local government budget cuts, particularly against the need to maintain 'essential' services. The government go on about the need for housing and speeding up the planning process yet cut budgets by 50 percent or more an expect a better service. Your perceived personal grudge against you might just be a symptom of stretched resources?
not after 4 successful appeals with costs awarded on the same site. plus other complaints being upheld for unreasonable behavior. the excuses at that point run thin. its circumstantial...

as for cuts, its islington. one of the most expensive boroughs in the Capital that also has half the City of London in its patch lol.... hardly a poor impoverished London Borough. i work with other boroughs that have been effected seriously by cuts. they get things done properly but it doesn't take them 30+ weeks to do it either.

shame it appears that theres absolutely nothing can be done about planners or planning departments who act outside of being reasonable or their own rule/policy book.

just have to suck it up. must be the only industry thats so well protected ? or are all council departments just as untouchable?

perhaps theres a tv documentary that could investigate the state of the planning system as a story?



Edited by bobo on Tuesday 9th February 09:37