Planning Law

[CLOTHEAD]

Good Morning All

I wonder if anyone has some advice ref the following.

We have been engaged in a battle with a developer locally for some seven years now and for the first time, we had a success when his 'retrospective application for retention of a new-build application was unaiminously rejected by the Planning Committee.

We have now been advised the the developer is seeking to 'Withdraw' the application before the Council can issue it's Decision Notice - presumably he doesn't want to take the chance of going to Appeal and I believe is now going to say that he made a mistake when he declared that the original building had been 'somehow demolished' and that there are traces of it left in the new development..

Anyone come across this before or have useful advice?

Needless to say, our Council are taking Legal Advice in any case

Thanks in advance

[buildersmate]

Well Bushbaby will inevitably know the most about this, being a Planning Officer, so I hope she comments, but my understanding is that if the Planning Committee delegate the decision then the Planning Officer decides, but if they don't the Committee decide. Once either group has decided, the decision (a refusal in this case) is communicated to the applicant, so the Applicant can't then withdraw the application - because the decision has been made - I don't get the bit about 'not yet communicated to the applicant' - the applicant would be the first the know.
Are you sure it has gone to committee for the decision is is not merely sitting in the loop where the Planning officer is recommendeing a refusal to the Committee but the Planning Committee has yet to meet?

[CLOTHEAD]

Hi there,

Thanks for the quick response and hope that Bushbaby picks up on this thread too.

Yes we are 100% sure because we attended the meeting. The sequence of events is that there was a long list of Applications over the last seven years - mostly Approved despite objections but this final one, though recommended for Approval by the Planning Officer (against our hopes and objections) was actually Refused by the Councillors in a unaminous vote. Two weeks later the Council portal however still shows 'Pending Decision' and we have been told the applicant is trying to 'withdraw the application before the Council can post the Decision Notice'. To us this seems simply wrong - if the thing has been Refused it's Refused - Decision Notice pending or not!

Thanks again

[bushbaby_de]

Hi Clothead,

It is possible for the applicant to withdraw the application before the decision notice is issued because whilst the councillors have resolved to refuse the application, the decision is not 'made' until the decision notice is issued. As the application was refused, I'm a little confused why the decision notice hasn't been issued yet though. Its common for approved applications to have a little delay whilst legal paperwork etc is tied up but refusals are normally issued immediately - have the Council indicated what the delay is? Or has the applicant already asked to withdraw the application and the Council are trying to decide what to do?

If the application is withdrawn, the applicant still doesn't have planning permission for the structure. I would imagine the Council would start enforcement proceedings as soon as possible. From the applicant's point of view, they will need to get another application in ASAP otherwise they will have to appeal the enforcement action instead.

I'm happy to have a look through the file and give my advice if your Council puts their applications online, but I'd need to know the Council, the application number and the committee date.

Bushy :)

[CLOTHEAD]

Hi There

That was really very helpful - Thank you very much indeed and I will revert with the details you mention.

Cheers

[CLOTHEAD]

Hello Again

Here is the link to the Council Planning Portal:

http://planningonline...licationSearchServlet

And here is the reference number: app/2011/0431

Grateful any further advice and in the meantime I am writing to my Ward Councillor and asking him why the decision notice was not issued immediately

Thanks again

[CLOTHEAD]

I forgot to mention - the Committee date was 15th November but as you will note from this link:
http://www.rutland.go...ovember_2011_dcl.aspx

The minutes have still not been published despite more than double the stated window of 7 days having elapsed. All this strikes us as a bit suspicious.

Our local paper covered the meeting and reported the Refusal: http://www.stamfordme...application_1_3259391

So it is in any case a matter of public record.

Cheers

[bushbaby_de]

I've had a quick look at the links. I must say I'm surprised the applicant wants to withdraw the application - given that the officers recommended approval I'm surprised they don't want to take it to appeal and see if the Inspectorate will overturn the councillors' decision given that it was contrary to officer advice. Did you get anywhere trying to find out about the delay in the decision notice and the purported withdrawal of the application?

[CLOTHEAD]

I have tried hard to find out about the purported withdrawal and delays but am not getting what I would call crystal clear replies. Just statements that 'withdrawal is a view and there are other views', 'people have been off sick' etc etc. Other Decisions made at that meeting Have been published and the ones that havn't are large scale developments where I could understand delays accordingly. We are now less than a week to the December Planning Meeting!

[CLOTHEAD]

Hello Bushey.

Some developments. Minutes published today (showing Refused and five reasons why) but a long and convoluted mail from the Planning Officer which we don't understand. Can I send to your email since I am not sure I should publish here.

[email protected]

[bushbaby_de]

Hi, I've sent you an email, suggest you remove your email address from this page now otherwise you might receive other mail!