Any one have experience with planning officers?
Discussion
I'm in the process of turning an old run down shop (was a 2 bed house until the 50's) into 2 flats. I've done everything the council have asked and have now been stung with a bill for £4300 from them with no warning.
It is to contribute towards transport in the area, so they say. I say its near christmas and i'm paying for the christmas knees up.
We have made sure there is loads of outside space, 2 parking spaces per flat and made the outside look really nice and tie in with the area and period. As it stands at the minute it is an eyesore and the council have even tod us it is one of the buildings they would really like improved as it is letting down the area.
Does anyone know if i can avoid this or know a way around it?
We are helping the area and not trying to put some big glass thing in the middle of an old village and therefore dont belive we should have to keep paying the council.
It is to contribute towards transport in the area, so they say. I say its near christmas and i'm paying for the christmas knees up.
We have made sure there is loads of outside space, 2 parking spaces per flat and made the outside look really nice and tie in with the area and period. As it stands at the minute it is an eyesore and the council have even tod us it is one of the buildings they would really like improved as it is letting down the area.
Does anyone know if i can avoid this or know a way around it?
We are helping the area and not trying to put some big glass thing in the middle of an old village and therefore dont belive we should have to keep paying the council.
I'm assuming that the money is a Section 106 contribution?
If so, you must have signed up to it; it is a legal agreement that must be signed by both parties... in which case, no, there's not a hell of a lot you can do about it: if you felt the S106 contribution was excessive or inappropriate, you should have raised the issue before you signed up to the agreement. Invest in a decent property lawyer, if you can't handle this sort of thing yourself.
S106 contributions are considered to be normal and acceptable practice. We regularly have to pay for everything from affordable housing and contributions toward transport infrastructure, public open space and education through to things as bizarre as burial contributions to cover the cost of disposing of the corpses of people who will live in our houses. You can also probably look forward to a significant tax on the uplift in value of land as a result of gaining planning approval in the near future. Welcome to Blair's Britain!
If it isn't a Section 106 contribution, I'd need more detail to be able to comment. Planning departments don't just send out invoices for that sort of money without any prior warning, as a general rule.
edited to add: Just noticed that your profile claims that you are a Property Consultant. In that case, WTF!?
If so, you must have signed up to it; it is a legal agreement that must be signed by both parties... in which case, no, there's not a hell of a lot you can do about it: if you felt the S106 contribution was excessive or inappropriate, you should have raised the issue before you signed up to the agreement. Invest in a decent property lawyer, if you can't handle this sort of thing yourself.
S106 contributions are considered to be normal and acceptable practice. We regularly have to pay for everything from affordable housing and contributions toward transport infrastructure, public open space and education through to things as bizarre as burial contributions to cover the cost of disposing of the corpses of people who will live in our houses. You can also probably look forward to a significant tax on the uplift in value of land as a result of gaining planning approval in the near future. Welcome to Blair's Britain!
If it isn't a Section 106 contribution, I'd need more detail to be able to comment. Planning departments don't just send out invoices for that sort of money without any prior warning, as a general rule.
edited to add: Just noticed that your profile claims that you are a Property Consultant. In that case, WTF!?
Edited by Sam_68 on Monday 20th November 18:36
Yeah i used to sell houses, didnt deal with the council on this scale.
I've no idea if its a s106. It says it is "adopted local plan policies T2 and R3". I know this stuff goes on and we havent signed anything agreeing to this. We were made aware we MAY have to contribute towards transport, but will only be a few hundred pounds, not £4300.
I have a feeling i will have to pay it, but didnt know if there is a way around it. After all i'm only creating one extra dwelling, so why should i pay for the first one which has been there for over 100 years.
Bloody council, robbing bar stewards!
I've no idea if its a s106. It says it is "adopted local plan policies T2 and R3". I know this stuff goes on and we havent signed anything agreeing to this. We were made aware we MAY have to contribute towards transport, but will only be a few hundred pounds, not £4300.
I have a feeling i will have to pay it, but didnt know if there is a way around it. After all i'm only creating one extra dwelling, so why should i pay for the first one which has been there for over 100 years.
Bloody council, robbing bar stewards!
What does it say on the Planning Approval Notice?
The normal form of words, either as a Planning Condition or, more likely, under the 'Notes to Applicant' is usually something along the lines of:
'The Application is subject to a Section 106 Agreement under the Town and Country Planning Act, 1990 relating to contributions toward public transport' (and/or whatever else they are expecting contributions toward: education, health facilities, public open space management, burial contributions or whatever.
If it isn't mentioned on the Planning Approval, you stand a reasonable chance of telling them to stick it. If it is, then you should have negotiated the S106 contributions prior to the Planning Application and will be expected to sign the appropriate legal document (and pay the contributions) once Planning Permission has been granted, prior to commencing work.
The normal form of words, either as a Planning Condition or, more likely, under the 'Notes to Applicant' is usually something along the lines of:
'The Application is subject to a Section 106 Agreement under the Town and Country Planning Act, 1990 relating to contributions toward public transport' (and/or whatever else they are expecting contributions toward: education, health facilities, public open space management, burial contributions
or whatever. If it isn't mentioned on the Planning Approval, you stand a reasonable chance of telling them to stick it. If it is, then you should have negotiated the S106 contributions prior to the Planning Application and will be expected to sign the appropriate legal document (and pay the contributions) once Planning Permission has been granted, prior to commencing work.
Where are you based???
have a look at there local development framework & Regional Planning Guidance and lastly there local transport plan.
It is very unusual for a small developer to get hit by a section 106 agreement as this is mainly used agaist big developers, to force them to contribute to the local highway infrastructure changes for large developments..
Also did you have to have a Transport Impact Assesment done for your property? if so who done it?
What parking provisions are you providing if any for the new occupants? if driveway who is paying for it to be maintained?
If you need any advice feel free to main me
or you can contact www.planningaid.rtpi.org.uk/
Steve
PS work as a Transport Planner with local authorities on a daily basis
have a look at there local development framework & Regional Planning Guidance and lastly there local transport plan.
It is very unusual for a small developer to get hit by a section 106 agreement as this is mainly used agaist big developers, to force them to contribute to the local highway infrastructure changes for large developments..
Also did you have to have a Transport Impact Assesment done for your property? if so who done it?
What parking provisions are you providing if any for the new occupants? if driveway who is paying for it to be maintained?
If you need any advice feel free to main me
or you can contact www.planningaid.rtpi.org.uk/
Steve
PS work as a Transport Planner with local authorities on a daily basis
Edited by stevieb on Tuesday 21st November 08:48
It's certainly worth getting a copy of the relevant policies that they are referring to and checking to see if they are relevant. I am surprised there are any additional contributions for converting a single building into two dwellings as normally there is no additional burden on local services.
If you could post the policies up here or provide a link (most local councils have their policies on line) we could look them over to see if the Council are overstepping the mark.
PS I agree with the comparison with terrorists. The other difference is that terrorists will generally be satisfied with just killing you whereas local planning officers want to f
k you over again and again and again.
If you could post the policies up here or provide a link (most local councils have their policies on line) we could look them over to see if the Council are overstepping the mark.
PS I agree with the comparison with terrorists. The other difference is that terrorists will generally be satisfied with just killing you whereas local planning officers want to f
k you over again and again and again.Right had a chat with them and as usal the case officer is a tad on the blunt side. Everyone else has been pretty helpful up until now. I have writen them a letter stating that it used to be a 2 bed house and we are not adding any extra square fottage. I'll let you know how i get on.
Cheers for your advice
Cheers for your advice
Edited by s1oww on Wednesday 22 November 03:04
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