Dear all, as some of you know I am planning a new build to replace the three bedroom timber and asbestos bungalow that we lost to fire some months ago. We want a three bedroom cottage that has a footprint of about 10% bigger than existed. The planning officer waited till week 7 of the 8 week process to announce that the house was too tall and quoted the local planning policy that the replacement must be of suitable scale for its surroundings and not more intrusive. We reduced the height (skeilings and dormers) and she has still said this would not get her support to pass. My architects think she has got a bee in her bonnet about this one and feel my request is reasonable. I want to take this to committee as I believe given the fact that I want a modest cottage that fits in with the local vanacular and uses local building materials, not a 5 bedroom sprawling bungalow like my two nearest neighbours ( one with an indoor swimming pool and games room).

So my question is how best to do this, has anyone tried this approach on here.

Thanks. John

Thanks FT, that gives me confidence, I have done presentations before (several decades!!) so don't think it will phase me. Wish I was there to see yours. I am currently finding out which councillor I need to approach to get this done, I think timing is of the essence.

At our committee they have microphones that work on a timer. The chairman will call you to speak and as soon as you sit down he presses a button and your mic goes live. 180 seconds later it cuts off unless he gives you more time. Three mins goes in a flash so beware of writing reams and reams. If someone interrupts tell them if it's alright you will answer that at the end.

Basically you will just have time to tell them...

You are desperate to replace your house which burnt down asap as it's difficult living in temporary accommodation. I know that this isn't a "valid planning reason" but I think worth mentioning something like that.

You believe your proposal is in keeping with the style and scale of other houses in the area as evidenced by drawing/photo montage xyz. Any drawings you plan to refer to should be submitted before the meeting BUT I also recommend you arrange for them to be on screen or hand out extra copies immediately before you sit down to speak. If you don't they will start looking for their copy and not listening to you. Some councils send out documents in electronic form and not all members bother to read them, even fewer print them out and bring them to the meeting.

It's clear the PO will raise the height and style issue so point out any features of the design that are similar to others in the area. If it is taller point out that you have tried to minimise the height and that not as wide/deep/volume than other houses nearby. If it's not the tallest house in the road/area point that out.

If the PO doesn't raise an issue in his report that you were expecting then best not raise it yourself.

Thank them for their time and ask if they have any questions.

The planning officer should really submit a report to the committee before the meeting. You should be able to get sight of that before the meeting so include a rebuttal for anything new in his report. You might have to keep chasing the secretary that organises the agenda to get a copy, perhaps on a daily basis in the week before the meeting. Sometimes they put them online nice early but find out what your council does and if the agenda and his report don't appear a few days before the meeting chase them up on the phone. If there is something big and controversial on the agenda (like a wind farm) then the chairman might try and change order so that all the smaller applications are done first. So best turn up at the start of the meeting even if your application is scheduled to be last/late. If you haven't already done so I would go to one of the previous committee meetings and just listen to how they do things.

PS: Turn off your mobile.
PPS: The chairman of one committee I went to berated committee members for not wearing a jacket and tie to his meeting. I was so I felt I was ahead even before I sat down :-)

Posted By: CWatters
Basically you will just have time to tell them...

You are desperate to replace your house which burnt down asap as it's difficult living in temporary accommodation. I know that this isn't a "valid planning reason" but I think worth mentioning something like that.

Not sure I agree with CW on this point, unless you can find some back-door way of making the circumstance known. Otherwise it might seem like clutching at straws when in fact your case should be a confident stand on its planning merits.
However, I've very little experience of this kind of thing, so it might be better to hear what others think.

Truth is, it belonged to my wife's father who bought it in 1952 and left it to my wife on his death in 2001, it was always my wife's intention to return to her "roots" to retire so she kept it, she just needed me to make it happen😇. So I am the incomer but I won't focus on that part, just that it's been in my wife's family for 63 years.

It was not in my interests to torch it as I lost my permitted development rights and anyway we had already filed plans to replace the building.

Thanks guys, I am feeling more confident now. Just need to sort the timing out and find a councillor that will understand our point.

I will keep you updated.

John

We have got a new "windmill" just downwind from our site and although it's a kilometre away it makes a lot of noise, I am not a fan of these things in quite locations. Conversely there are a number in Bristol in an industrial estate and personally I think they fit well with that environment .

I am also not a fan of subsidies ( although I hope the FIT payment is not withdrawn for private PV !!!).

Posted By: joe90find a councillor that will understand our point

The obvious first choice is your ward councillor. All they really need to understand is that you want a fair chance and you believe you need to get it called in to committee. They don't necessarily need to support you, although obviously that helps. Otherwise I'd ask the committee members. Failing everything else, I know some (or is it all?) councils automatically call in an application if there are any objections, so you could find somebody to object!

Definitely make sure you get the officers report beforehand and address any negative points made if you can.

But if they're anything like the committee I went before, they're looking at you as a person and how committed you are as well as what the application looks like. They shouldn't be, but they are.

sometimes it may just be best to get on with the application, get refused then appeal !

If any consolation it took us a long time to get to the point where it was even worth putting our application. Our last gasp planning consultant turned out to have a file of info on our site including a very helpful letter the planners had written to a previous owner that contradicted what they were telling us.

Which reminds me.. It might be worth looking to see if there are files for your neighbours at the planning office. They might not have submitted applications but there might still be correspondence. Our office has two filing systems... the online system that only cover planning applications and a paper filing system containing a wider range of correspondence.

Apologies for nicking your thread John, but it is sort of related.

Situation: An application goes to appeal and the inspector allows it, but with conditions. It appears he then hands over responsibility for discharging that condition to the local head of planning. That same head of planning who maybe "lost out" at the original planning meeting, where he was forced to go to appeal.

Q. Should not the inspector have responsibility for monitoring the discharge of what is, his condition.
It appears to me that by handing it, the discharge, over to the local planning officer is a cop out. The planning officer may have been in favour of the full application in the first place and is unlikely to be impartial.

Q. After the appeal is heard, is correspondence between the applicant and the planning officer still considered public and open the scrutiny? If not, it again appears to me there's a flaw in the system and open to collusion between the planning officer and the applicant. Bearing in mind again the local planning officer's possibility of favouring the original application.

I'm not a conspiracist, I believe in openness and this isn't, IMO.

owlman - you can appeal the Council's refusal or non-determination of a condition requiring their approval - so an inspector can still be involved. I don't think that it's practical for the inspector to have primary responsibility for considering it - he/she won't have the local knowledge and they'd have to take evidence from applicant and Council in order to make a decision; a waste or resources in most cases?

Regarding a conspiracy between applicant and Council to discharge a condition - the correspondence should be put on the open register (usually accessible through the Council's website). An FOI request should flush out anything hidden. It's difficult for third parties to intervene though - they don't have standing otherwise than through judicial review or Local Government Ombudsman.

Jamster - the answer to your question is not everyone. But if you intend to sell any time soon, the buyer's solicitor should be asking for evidence of compliance - especially if occupation is not allowed until the condition is discharged. The other reason for needing the council to sign it off is if responsibility rests with the architect or contractor - they'll want to know that they've finished their job. It's v annoying when Council's won't look at it.

you can ask for your application fee to be refunded after 12 weeks of non-determination.

<blockquote><cite>Posted By: Jamster</cite>How many people have had conditions that relate to appearance / materials / 'finish' enforced / monitored anyway?</blockquote>

Well, if there are conditions on your application and you have not had them discharged, this will be picked up by a solicitor if the property is ever sold.

<blockquote><cite>Posted By: Jamster</cite>n addition, most material choices are pre- submitted for approval anyway and discharged before construction starts. How many one-off builds get follow up visits from planning officers to check - not many I would think</blockquote>

True enough. Your Decision Notice probably lists the documents submitted by you which form the 'approved plans' so the assumption is that the build is in accordance with that. Unless the building is listed I'm suprised they wouldn't be more than happy with cast alluminium...