Suing local planners?
Discussion
To cut a long story short we have spent the last 3 years trying to get planning permission for a fairly straightforward extension on our cottage.
We have now had 6 different plans rejected (at a cost of many thousands of pounds) all for the same reason which is along the lines of "too big a bulk for the neighbor behind".
Now we have persevered because
a)we disagree with this. THe neighbor behind is 30 meteres away and our immediate neighbors are nearer 5 metres but they haven't even been mentioned. It is a very normal extension we want byt it just so happens our rear neighbor has vehemently objected and has copied his objections in to his friends on the council
b)We love our house.
Now finally we have taken the biggest plan to independent appeal and won.
My isssue is this: On appeal-the extension that has won is twice the size of the smallest one which failed the local council which proves they were being stupidly unreasonable. FUrther-at early stages two planners had implied that the smallest one would be a formality. It still failed.
TO summarise-we have put in 6 unneccesary plans at great cost which have been failed because our rear neighbor has 'friends' on the council and I think the planning office should foot some of the bill for that.
Or should I just get on with my life and celebrate the success?
We have now had 6 different plans rejected (at a cost of many thousands of pounds) all for the same reason which is along the lines of "too big a bulk for the neighbor behind".
Now we have persevered because
a)we disagree with this. THe neighbor behind is 30 meteres away and our immediate neighbors are nearer 5 metres but they haven't even been mentioned. It is a very normal extension we want byt it just so happens our rear neighbor has vehemently objected and has copied his objections in to his friends on the council
b)We love our house.
Now finally we have taken the biggest plan to independent appeal and won.
My isssue is this: On appeal-the extension that has won is twice the size of the smallest one which failed the local council which proves they were being stupidly unreasonable. FUrther-at early stages two planners had implied that the smallest one would be a formality. It still failed.
TO summarise-we have put in 6 unneccesary plans at great cost which have been failed because our rear neighbor has 'friends' on the council and I think the planning office should foot some of the bill for that.
Or should I just get on with my life and celebrate the success?
You appear to be making the incorrect assumption that planners can ever be culpable for loss?
Its a self supporting system, surely you know this.
I suggest vintage Roederer (lots and lots of it) and Strawberries.
When you're truly s
tted, have a celebratory knees up in the back garden with the wife to rub the bds nose in it.
Its a self supporting system, surely you know this.
I suggest vintage Roederer (lots and lots of it) and Strawberries.
When you're truly s
tted, have a celebratory knees up in the back garden with the wife to rub the bds nose in it.blindswelledrat said:
Or should I just get on with my life and celebrate the success?
Some battles are just not worth fighting. Looks like you won the war, now enjoy the peace and paint the fecker BRIGHT PINK on the side that faces the neighbour the most. Not permanently, just for a few days to really piss him off and before you put it back the normal colour 
Personally, I'd suggest painting a mural on the wall facing the grumpy neighbours along these lines:
But seriously, take advice and if there's a good chance of getting a ruling on your favour (which I suspect is unlikely) then take 'em for all you can. Otherwise, enjoy the victory and ask the builders to be especially noisy
But seriously, take advice and if there's a good chance of getting a ruling on your favour (which I suspect is unlikely) then take 'em for all you can. Otherwise, enjoy the victory and ask the builders to be especially noisy
G'kar said:
I suggest you consider a couple of 2000w motion activated security lights on the extension, pointing at neighbour.
And a hyperactive insomniac cat.
AS it happens I got home last night (before the appeal results) and they had constructed a 20ft gazebo against our fence. Two days after crying to the appeal bloke about how imposing our extension would be. THis gazebo is about twice as imposing to them and us as the extension ever was. This is a couple who have retired and are moving to Cornwall next year And a hyperactive insomniac cat.
For the first time in a while my security light in the back garden was left on all night.
rude-boy said:
blindswelledrat said:
Or should I just get on with my life and celebrate the success?
Some battles are just not worth fighting. Looks like you won the war, now enjoy the peace and paint the fecker BRIGHT PINK on the side that faces the neighbour the most. Not permanently, just for a few days to really piss him off and before you put it back the normal colour Plotloss said:
You appear to be making the incorrect assumption that planners can ever be culpable for loss?
Its a self supporting system, surely you know this.
I suggest vintage Roederer (lots and lots of it) and Strawberries.
When you're truly stted, have a celebratory knees up in the back garden with the wife to rub the bds nose in it.
Its a self supporting system, surely you know this.
I suggest vintage Roederer (lots and lots of it) and Strawberries.
When you're truly s
tted, have a celebratory knees up in the back garden with the wife to rub the bds nose in it.
Optional would be to have a projection of Rocknrolla on the back wall of said extension whilst knees'uping.
If you do wish to complain
Glad you won eventually!
Planners.. gotta luv 'em... I've worked in architectural practices for years and it always amazes me the lack of vision and commen sense these people have.
Was the application just using plans and elevations - or was a visual supplied as part of the planning application?
Planners.. gotta luv 'em... I've worked in architectural practices for years and it always amazes me the lack of vision and commen sense these people have.
Was the application just using plans and elevations - or was a visual supplied as part of the planning application?
shadowninja said:
Wasn't there a case where someone had a window frame designed like a middle finger sticking up that faced a neighbour they disliked?
I'd love to see a pic of that!Brilliant:
http://www.tfproject.org/tfp/general-discussion/10...
Edited by MikeyT on Friday 7th November 10:16
As others have said, you can't sue directly for an incorrect decision made through the Planning process - that's what the appeal system is for... and you did appeal on the first application immediately it was refused, of course, didn't you? If you didn't, you can hardly argue that the LPA is responsible for subsequent delays that cost you money.
If the appeal was dealt with by means of hearing or enquiry (as opposed to written), then you can apply for costs if you think you can demonstrate that the LPA dealt with the application unreasonably, but if this was the case the Planning Inspectorate should have sent you guidance on claiming costs already, when you first submitted your appeal.
If the appeal was dealt with by means of hearing or enquiry (as opposed to written), then you can apply for costs if you think you can demonstrate that the LPA dealt with the application unreasonably, but if this was the case the Planning Inspectorate should have sent you guidance on claiming costs already, when you first submitted your appeal.
well done for perservering and winning
a farmer known to my aunt had a similar dispute with a neighbour and won. he had 3 giant letters put up on his barn, facing the road.
they were F Y D
the chap's name who he had the dispute with was Dirk
I'll leave you to guess the meanings of the 1st 2 letters
suffice to say, everyone in the area knew about the dispute and also what the letters meant
a farmer known to my aunt had a similar dispute with a neighbour and won. he had 3 giant letters put up on his barn, facing the road.
they were F Y D
the chap's name who he had the dispute with was Dirk
I'll leave you to guess the meanings of the 1st 2 letters
suffice to say, everyone in the area knew about the dispute and also what the letters meant
blindswelledrat said:
Or should I just get on with my life and celebrate the success?
You got what you wanted, now enjoy the future.I'm not sure why you continued to submit application after application rather than go to appeal on the first one but that was your decision, not the local planning officer.
blindswelledrat said:
.
TO summarise-we have put in 6 unneccesary plans at great cost which have been failed because our rear neighbor has 'friends' on the council and I think the planning office should foot some of the bill for that.
Or should I just get on with my life and celebrate the success?
If you really want to take this further, and can demonstrate wrong-doing on the part of the Council, you could consider a complaint to the Ombudsman:TO summarise-we have put in 6 unneccesary plans at great cost which have been failed because our rear neighbor has 'friends' on the council and I think the planning office should foot some of the bill for that.
Or should I just get on with my life and celebrate the success?
http://www.lgo.org.uk/
However, you might find they take the view that you should have appealed one of the earlier refusals.
Puff Puff said:
I'm not sure why you continued to submit application after application rather than go to appeal on the first one but that was your decision, not the local planning officer.
Ironic really. I had discussed it with my neighbor and agreed not to persue the first one anyway.He had asked me if I would do it slightly differently as "if you did it like that it would not affect me in the slightest and I certainly would have no objection.
Imagine my suprise when I submited plans like that to see him file a ten page objection with all his mates copied in?
It snowballed from there. I didn't really want to appeal that one because I didn't really want it. I had done it to compromise. FUrther-the failiures were worded so spuriously that they all implied that slight changes would end up acceptable. Added to the fact I already had my 'failsafe plan' which the council had told me they would accept.
THe appeal takes 5 months and I naively thought that it would be quicker to change plans than to appeal.
Hire a marquee and a mobile disco.
Hang the speakers on the fence.
Send printed invitations to a "Planning Appeal Win Party".
Include on the invitation list any friends you might have, any enemies you obviously have, a formal one to the planning office staff, a formal one to the planning committee, your local newspaper, your local radio station.
Have a blast!.
You might want to date your invitations to your loving neighbours, council and planners for the day AFTER the party in case they do something stupid like get a noise abatement issue raised.
There's nothing quite like rubbing peoples noses in it and doing it publicly.
Hang the speakers on the fence.
Send printed invitations to a "Planning Appeal Win Party".
Include on the invitation list any friends you might have, any enemies you obviously have, a formal one to the planning office staff, a formal one to the planning committee, your local newspaper, your local radio station.
Have a blast!.
You might want to date your invitations to your loving neighbours, council and planners for the day AFTER the party in case they do something stupid like get a noise abatement issue raised.
There's nothing quite like rubbing peoples noses in it and doing it publicly.
NiceCupOfTea said:
why be a about it? You won. Just get on with your life. They're moving next year.
Nobody likes their neighbours building as it will usuall affect their outlook, so it's not surprising that they objected.
Don't get into tit for tat with the neighbour, they will already feel bad enough.
Im not really sure what you mean. about it? You won. Just get on with your life. They're moving next year.Nobody likes their neighbours building as it will usuall affect their outlook, so it's not surprising that they objected.
Don't get into tit for tat with the neighbour, they will already feel bad enough.
Re: SUing the council-pure principle. I genuinely feel they have acted incorrectly and it has cost me money.
Re: Hating the neighbor: Agree with you completely- but they have been two-faced
s themselves.THe two things: 1)The gazebo they built yesterday (connot describe how annoying that is under the circumstances) and 2)Read my comment above about why I didn't appeal the first plan
blindswelledrat said:
G'kar said:
I suggest you consider a couple of 2000w motion activated security lights on the extension, pointing at neighbour.
And a hyperactive insomniac cat.
AS it happens I got home last night (before the appeal results) and they had constructed a 20ft gazebo against our fence. Two days after crying to the appeal bloke about how imposing our extension would be. THis gazebo is about twice as imposing to them and us as the extension ever was. This is a couple who have retired and are moving to Cornwall next yearAnd a hyperactive insomniac cat.
For the first time in a while my security light in the back garden was left on all night.
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