Any Planning Experts here?

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zedstar

Original Poster:

1,736 posts

177 months

Sunday 23rd October 2016
quotequote all
Need a bit of advice from the PH massive here about a planning app which we are now having some issues with, it relates to a rejected planning application which we are planning to resubmit on the free resubmission with 12 months basis, i'll put a brief timeline on,

Nov - plans rejected
Dec - paid for a pre planning meeting
Jan - planning officer retires and it takes 4/6 weeks to allocate a new one
Feb - new officer goes on long term sick leave and takes another 4/6 weeks to have a new one allocated
Jul - finally get the planning meeting after months of requests and planning officer delays
Oct - ready for resubmission withing the correct timeline to resubmit with the original fee

Now we have an issue, the new planning regulations stipulate (apparently) that if there is a bat survey required then it needs to have been done at the last roosting season prior to submission. It used to be that as long as the survey was done within the last 2 years then it was fine.

The implications for us now are that..

A. Our planning application will be delayed for another 6 months
B. We will have to pay for another bat survey AND another planning app

Our issue is that nowhere on the website does it say anything about this new survey rule. Not on the 'local list' or indeed nowhere on the site. The architect said he knew nothing about this and that at the pre app meeting the officer should have pointed this out, especially seeing as he knew that such a report formed part of the application AND that he would/should have know about the rule change. It does specifically say on the council website that as part of a paid pre app meeting an officer will provide all the requirements for your app. He didn't mention this point and the notes sent by him show that also.

Issue 2 is that apparently this stipulation only came into force in March of this year. Nowhere on the website does it say that any rules were changed this year, not even in the specific paragraphs where it talks about ecology surveys.

I'm not sure who's at fault here, us/architect/council, but I do feel that the council's transmission of this information was somewhat lacking. Especially given the mental time delays we've had with the reallocation of planning officers and all the extra time and cancelled meetings that ended up taking us 7 months to get a pre app meeting.

The question I have is, if any PHer's have an insight, is that do we have any grounds here for complaint? I feel the council need to allow validation of the plans and relax the survey requirement for us or at least extend our window for free resubmission?

The plans were for 3 new build houses, 4 barn conversions so I think it's for 7 dwellings and the fee is a reasonably high amount of money.

Any guidance or thoughts most appreciated.

zedstar

Original Poster:

1,736 posts

177 months

Sunday 23rd October 2016
quotequote all
Thankyou both for your advice,

Our original planning app was in Aug 2015 and was supported by a properly qualified bat survey that the council ecologist was happy with. Our refusal was cited as the houses being too high and not of a design that the council were happy with. No ecology issues. In all the subsequent correspondance, both written and verbal the planning officer has indicated he is happy to recommend the scheme, subject to some parameters and infact even on the decision day the planning committee head stated 'yes we accept planning on that site is inevitable, just not this'.

It's a late stage problem now as the revised plans are done as per their parameters, ready to submit and I think we have approximately a week to resubmit.

It just comes across to me as administrative issue as opposed to planning one and I do feel not of our doing and one that could have been easily resolved if the pre app advice had been a touch more comprehensive.

The barns are actually a stable and a coach-house, council have no issue in granting them permission.

zedstar

Original Poster:

1,736 posts

177 months

Sunday 23rd October 2016
quotequote all
mx5cl said:
Have you sought the view of the ecologist used to produced the report? If not it might be worth asking them to review this issue and discuss with the ecologist used by the Council? They may be able to agree a pragmatic solution for you.

Also, was the scheme refused at committee against an officer recommendation?
Apparently (!) he has was the one who pointed this out when he was asked to 'condition' his report or something? I'll talk to him tomorrow and see what he says, good idea.

The plans were not supported by the planning officer, the committee followed suit.

zedstar

Original Poster:

1,736 posts

177 months

Tuesday 25th October 2016
quotequote all
We've got a meeting tomorrow with the architects, I think our only option at the moment may be to remove the coach house from the planning app and re apply as an amendment next year. At least that way we can get planning for the 3 houses, I'll see what happens tomorrow.

Thanks for the words so far...