Action against a Councils 'Planning' Dept
Discussion
About to get a development signed off by the council, however, its taken 9 months in total & they have been a complete shambles from start to finish.
The latest point happened today. Basically we went to see the planning dealing with our case a couple of months ago & was told to increase the height of the development to be more in line with the surrounding builds (only 1m increase). Today, the planning department manager who actually signes off the development went to site & came back with only one query...... yes, you guessed it, the height of the building. He is asking us to provide details of the impact it will have on surrounding buildings.
Obviously, to keep things 'smooth' we are doing what he has asked, however much I wanted to kick off about this being 'thier' suggestion.
Anyway, come Friday it will (fingers crossed) by signed off, however, at that point I want to put forward to them a list of the 'cock-ups' they have made & see what they are willing to do about it (not now as it could affect the decision).
If we do need to lower the roof again, to what 'we' originally suggested, then the proffessional fees charged to me for the original changes & then changing them back is circa £2,500.00. Can this be claimed back from the council, as it is thier fault ?
I don't want to go off on one with them as you never know how it may affect future applications, however, surely construction criticism is allowed ?
The latest point happened today. Basically we went to see the planning dealing with our case a couple of months ago & was told to increase the height of the development to be more in line with the surrounding builds (only 1m increase). Today, the planning department manager who actually signes off the development went to site & came back with only one query...... yes, you guessed it, the height of the building. He is asking us to provide details of the impact it will have on surrounding buildings.
Obviously, to keep things 'smooth' we are doing what he has asked, however much I wanted to kick off about this being 'thier' suggestion.
Anyway, come Friday it will (fingers crossed) by signed off, however, at that point I want to put forward to them a list of the 'cock-ups' they have made & see what they are willing to do about it (not now as it could affect the decision).
If we do need to lower the roof again, to what 'we' originally suggested, then the proffessional fees charged to me for the original changes & then changing them back is circa £2,500.00. Can this be claimed back from the council, as it is thier fault ?
I don't want to go off on one with them as you never know how it may affect future applications, however, surely construction criticism is allowed ?
There is, of course, a formal Appeal process where you don't believe that Planning Applications have been dealt with properly, but you have to state the grounds on which you wish to appeal, and 'the Planning Department don't know their arse from their elbow' unfortunately isn't one of them!
You could have quite easily appealed on the grounds of non-determination, since they are obliged to determine minor applications within 8 weeks of registration and major ones within 13 weeks, but if you are about to be granted permission it would be pretty pointless.
After the event, you've got no comeback, really. You could try submitting a formal complaint using the council's complaints process, but unless all discussions are exceptionally well documented (you did write back to the
Planning Officer confirming the verbal advice you were given, didn't you?) and you can prove the direct financial costs of the conflicting advice you were given, then your chances of extracting compensation out of them will be nil.
Any advice you were given prior to the Applaication actually being submitted is informal and constitutes the Planning Officer's personal opinion, carries no formal weight, blah, blah, blah.
If you were given two different sets of conflicting, formal advice, in writing by two different case officers after the application had been registered, then you might have some comeback...
For what it's worth, the average time for housing developments (my game) to go through the Planning system is now over a year, so perhaps you should be writing to thank them for dealing with your application so speedily?
You could have quite easily appealed on the grounds of non-determination, since they are obliged to determine minor applications within 8 weeks of registration and major ones within 13 weeks, but if you are about to be granted permission it would be pretty pointless.
After the event, you've got no comeback, really. You could try submitting a formal complaint using the council's complaints process, but unless all discussions are exceptionally well documented (you did write back to the
Planning Officer confirming the verbal advice you were given, didn't you?) and you can prove the direct financial costs of the conflicting advice you were given, then your chances of extracting compensation out of them will be nil.
Any advice you were given prior to the Applaication actually being submitted is informal and constitutes the Planning Officer's personal opinion, carries no formal weight, blah, blah, blah.
If you were given two different sets of conflicting, formal advice, in writing by two different case officers after the application had been registered, then you might have some comeback...
For what it's worth, the average time for housing developments (my game) to go through the Planning system is now over a year, so perhaps you should be writing to thank them for dealing with your application so speedily?
Its just annoying how inept these people are. They seem to come up with an issue with you resolve, only then to come up with another a couple of weeks later, etc, etc. Surely all issues should be stated at one time (thats why they have thier allocated time is it not ?).
They will never put anything in writing, reply to emails, etc, etc, so in theory you have not comeback. They complain they have too much work (welcome to the real world !!!).
I suspect when its signed off though all this will be forgotten. Subject to making a decent profit
They will never put anything in writing, reply to emails, etc, etc, so in theory you have not comeback. They complain they have too much work (welcome to the real world !!!).
I suspect when its signed off though all this will be forgotten. Subject to making a decent profit
Hi Mark.
I wouldn't complain - you will need the planners on your side for your next project. Just chalk it up to 'how planners are'.
I am surprised they don't respond in writing - most planners are keen to put things on the record in my experience.
Good luck with the build - where is it?
I wouldn't complain - you will need the planners on your side for your next project. Just chalk it up to 'how planners are'.
I am surprised they don't respond in writing - most planners are keen to put things on the record in my experience.
Good luck with the build - where is it?
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