Council Approved Plans with Incorrectly Described Property and Address


Postby gb707 » Wed Nov 12, 2014 1:19 pm

Hi All, new to the forum and just trying to put my mind to rest with regard to a recent neighbours planning application.

The property in question is a newly developed block of flats without any PD rights. The developer hadn't bothered to complete the landscaping, which formed part of the conditions of the permission granted to build the flats. Instead he let the flats for occupation and ignored this and the council don't appear to be doing much to enforce this condition.

Then the developer started building an outbuilding adjacent to my boundary (rear garden, about 8m from my house). When I objected he initially suggested he didn't need planning permission, but then stopped and submitted an application.

Not too happy with what had gone on before and not really wanting a sheltered amenity space so close to my property I objected. The developer had made some glaring errors:

1) Incorrectly listed the building as a town house, rather then a collection of flats
2) Incorrectly stated the outbuilding was being built for one of the addresses, rather on the communal land used by all of them
3) Incorrectly stated their were no trees within felling distance, when their were several
4) The application was essentially littered with fundamental factual errors
5) My neighbours and I didn't receive the notice from the council until the time allocated for comment had almost elapsed (they blamed the post office when queried).

I kept an eye on the application through the councils online portal and was surprised when one day it completely disappeared. The council when queried told me (after speaking to the planning officer allocated to the application) it was pulled as there was an inaccurate document.

I thought this was irregular as now there was no record of what was originally submitted and looking at other applications this isn't normal practice (there were examples where the developer pulled applications and re-submitted and the pulled application remained on the system). In any case I expected all the aforementioned errors would be corrected and a new application submitted. But was surprised when the original application re-appeared on the system a few weeks later.

The applicant had updated the location map (the original one was no longer there), but all other documents including errors were still there. Moreover, all dates remained the same, including the period for comment which had already elapsed. And only the decision date was put forward.

I wrote to them several times querying this irregular behaviour and also the developers failure to comply with the landscaping obligations but didn't receive any further response. Until I received notice the application had been approved.

I've followed the councils stage one complaint procedure and the planning departments response doesn't appear to want to directly address all my comments.

Am I right to be suspicious here? Is it not of fundamental importance to correctly describe the property for which this outbuilding is being built?

Appreciate any comments, wether they be to dig further or stop being so suspicious
gb707
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Postby welsh brickie » Mon Nov 17, 2014 7:27 pm

sounds suspect, by your account. I would Formally oppose the planning consent by registered letter, Then see what happens if you want to push it further then you need legal advice
welsh brickie
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