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Retrospective Planning permission refused :-(

Postby Symo79 » Mon Dec 27, 2010 6:10 pm

Hello, I recently put some decking on the bottom of my garden over the shed roof, i then get a letter from the local council saying "they have been informed that decking has been erected and an inspection has been carried out" So I put in a retrospective planning application and it has now been turned down. My Question is this: I was never asked if the inspector could come onto my property in inspect any development, therefore if they have done that (as it states in the letter) surely the inspector tresspassed. And if that is the case they can't use that eveidence as it was obtained illigally?
I do plan to apeal the decsion and just want to get as much evidence as posible for my case.
Thank you for reading
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Postby stoneyboy » Tue Dec 28, 2010 5:29 pm

You will not get anywhere trying to appeal on the basis that access permission to inspect was not given. Your local council will see the decking on aerial photos or goggle earth.
Try to prove that when you are standing on the decking no-one will be overlooked.
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Postby SPUD1701 » Thu Dec 30, 2010 5:21 pm


I agree with stoneyboy no point in appealing on access grouns you will find that under their Scotland Act that they can access properties if they believe something has been done without permission, as Planning Permission is legal documentation.

I suggest you approach the enforcement side or Planner who call and see you can build, a lot of what they are looking for is, is it in keeping with the surrounding area, does it overlook a neighbour and size of structure.

Try and appeal on the basis that you were unaware that this type of work needed permission, because the Local Council will only go to site to check this type of work if someone has complained about it - usually a neighbour!!!!!
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