planning permission granted despite objection

[champerington]

Sorry folks I realise this isn't business related but really could do with some legal advice.

In August of last year after seeing that a neighbour was building a garage/shed overlooking my back garden, contacted the council planning department to voice my objection.

I was informed that such an objection to planning would probably take quite a while to be processed. In the wake of my complaint, work ceased therefore was content that the building going up without my prior consultation.

Two weeks ago, noticed the neighbour had recommenced work to the garage so emailed the planning department only to be informed that planning had been granted!

I voiced my displeasure at the fact that was never consulted with and that wanted to know why this was the case.

Today received the following email:

Dear Mr ......,

Thank you for your email of the 2 July 2013 regarding your concerns about the above planning application granted permission on the 11 June 2013.

The original application for a garage at xxxxxxx *Ref: H/2010/0567/F was received by the Department on the 1 December 2010 and granted permission on the 10 February 2011. The Department’s records show that the xxXxxxx *development was still under construction at this time. When the Case Officer inspected the site on the 12 January 2011 No.18 xxxxxx appeared to be unoccupied. In the assessment of the proposal the Case Officer did however consider the potential impact on the property from overshadowing and loss of privacy as evidenced in the Case Officer report.

The recent application Ref: H/2013/0058/F sought retrospective permission for a change of garage type including amended finishes to that approved under the 2010 permission when the principle of development was established. It is important to note that the position of the garage remained unchanged and the size and scale of the building did not increase under the 2013 application.

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Notwithstanding this or the omission of your property from the 2013 application forms and drawings, your property should have been notified during the processing of the recent application as it abuts the application site. I can only offer my sincere apologies that due to human error this did not happen, but would again highlight that the principle of the proposed garage had been established under the earlier 2010 planning approval.

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I trust this information is of benefit to you. If you have any queries regarding the above please do not hesitate to contact this office.

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Regards,

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Senior Planning Officer

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Any advice and guidance would be greatly appreciated.

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[OldWelshGuy]

Were you living there in 2010? it appears to me that you have grounds to sue the council for negligence, as they failed to follow due process. Beyond that I can't say what will happen, but do know that (from bitter experience) local councils will NEVER adm,it wrong doing and will fight tooth and nail in the hope you run out of money as they know they will not.

 

[champerington]

Were you living there in 2010? it appears to me that you have grounds to sue the council for negligence, as they failed to follow due process. Beyond that I can't say what will happen, but do know that (from bitter experience) local councils will NEVER adm,it wrong doing and will fight tooth and nail in the hope you run out of money as they know they will not.

No I didn't move in until 2011.

 

[JonathanSEO]

And these are the clowns that give themselves pay rises every year.

Good luck with whatever route you take.

 

[simon field]

Notwithstanding this or the omission of your property from the 2013 application forms and drawings, your property should have been notified during the processing of the recent application as it abuts the application site. I can only offer my sincere apologies that due to human error this did not happen,

If this, in writing, from the Council, isn't enough of an admittance of wrongdoing for a (potential) court then there's something wrong there isn't there?

 

[champerington]

So should I get in touch with my solicitor?

 

[JonathanSEO]

If this, in writing, from the Council, isn't enough of an admittance of wrongdoing for a (potential) court then there's something wrong there isn't there?

Does the word accountability even exist in the public sector?

 

[OldWelshGuy]

No it doesn't. The land at the side of my propery is mine, it is clearly marked as mine, we have photgraphs going back 90 years showing the land being used. we have tended it since we purchased and the previous owners did the same, we have flower beds etc.

Anyhow, we fenced it off ands the nice man from the council said it is theirs. I spoke to a friend in the know (who works for the council in the legal dept) I asked the legal department to provide me with definitive documentary evidence of their claim to adopt the lad as public highway. the nice man came out and these are his words.

look, we don't have evidence, but you can take your fence down or we can take it down, you can take us to court if you want but we have far more money than you and don't care if it costs us a million, you won't win!

They actually came and stole my fence, WITHOUT A WARRANT and when I called the police to report the theft, the council told them that it was on their property so they hadn't stolen anything. Police accepted their word and on we go.

Safe to say that my lifes work is now ensuring that at every single opportunity I make life hell (legally) for anyone involved with the council, and am just about to file another Subject access request as I believe they have again broken the law with regard my privacy, and also I will be filing a few requests under the FOIA to check some things out.

you will never beat them, but by god you can have a load of fun along the way.

 

[gr9ce]

Did you/your solicitor conduct a search of local Planning Applications in your area prior to moving in? (not sure if you buy or rent)

Planning Applications are usually announced by a, yellow in our case, planning application notice attached to the proposed property several weeks prior to the decision.

Did you see a notice on your neighbour's property?

Planning applications are also published in local papers and published on Parish notice boards a week prior to the Planning Meeting when applications are decided.

Are you in greenbelt? how close to the boundary is the garage?

 

[gr9ce]

OldWelsh is your boundary marked on your property deeds and includes this land? have you asked the council for sight of the terrier map?

 

[OldWelshGuy]

OldWelsh is your boundary marked on your property deeds and includes this land? have you asked the council for sight of the terrier map?

It is ours, it is ours on the deeds etc, that is my point, there is no question about who OWNS the land, the council are arguing that they adopted it and have a right of sight across the land. in short they are just doing what local authority hitlers do, they are simply bullies who are overpaid and have too much power.

Trust me on this, I know I am in the right, the problem is I would end up having to go to the highest court in the land, because the council guy has categorically told me they will appeal all the way until I run out of money.

So I know enjoy making the lives of these people hell by uncovering their wrongdoings, which for so long they have been able to cover up, but now thanks to the internet, that is no longer an option

 

[gr9ce]

I read somewhere about boundaries that homeowners adjacent to a road actually own the land and airspace to the centre of the road. The Highways authority however maintain the top 2 spits of the metalled surface and land forming the highway boundary which is usually the road and path/pavement or grass verge to a typical boundary such as a ditch/wall /fence/ vegetation line etc.

They seem to be attempting some adverse possession as homeowners deeds usually carry most weight. Even if this land area was in the past handed to the council to be maintained (there is a section/cert number for this) the adjacent landowner still does not lose ownership.

Good luck in grief causing and apologies for hijacking another thread with boundary disputes

 

[Hex McGettigan]

Did you/your solicitor conduct a search of local Planning Applications in your area prior to moving in? (not sure if you buy or rent)

Planning Applications are usually announced by a, yellow in our case, planning application notice attached to the proposed property several weeks prior to the decision.

Did you see a notice on your neighbour's property?

Planning applications are also published in local papers and published on Parish notice boards a week prior to the Planning Meeting when applications are decided.

Are you in greenbelt? how close to the boundary is the garage?

I rent a Housing association house so no check would have been done prior to moving in.

I'm not familiar with this notice you refer to, not sure if this is common practice in N Ireland.

This may sound silly but I don't know if I'm in greenbelt or not, will find this out.

This garage runs parallel with my back garden along one side. The neighbours property is actually in a different development and is on a higher level thus exaggerating the effect it will have.

 

[Billmccallum]

As the planning permission was granted before you moved in, there is nothing you can do about it now.

 

[Hex McGettigan]

As the planning permission was granted before you moved in, there is nothing you can do about it now.

I wouldn't dispute the original planning permission however after I raised my objection in 2012, a new application was submitted (granted it was minor amendments) in 2013, perhaps this was just coincidental.

My grievance is that there was still an opportunity to consult with me (and other neighbours for that matter) but this was simply overlooked due to 'Human error'.

 

[gr9ce]

Sadly there is nothing you can do as the main structure was permitted prior to your occupation and it would be up to the adjacent property occupiers at that time to object.

The new application was for an amendment to the construction to ensure it was/stayed lawful. Such applications are often made to prevent any issues when selling a property. In England (not sure about NI) many 'certificates of lawfulness' are submitted for just this reason to ensure structures built in the past can be deemed 'lawful'.

In England homeowners can build outbuildings on 50% of their original rear gardens providing they are an appropriate distance from the boundary. Height, greenbelt/conservation and areas of special control rules can however apply.

Add to this the new 3 year permitted development right of 8m from the original detached property back wall and 6m from semis, there may be a field day in planning disputes. (a process does apply and some London Boroughs are exempt)

 

[Spongebob]

I'm struggling to understand how you can be 'overlooked' by a garage.

Your objection to this modest development sounds spurious to me, and was probably viewed as such by the council, explaining why it wasn't taken seriously.

Ultimately, unless there is a very good reason why not, anyone should be able to develop their property as they see fit.

 

[Hex McGettigan]

I'm struggling to understand how you can be 'overlooked' by a garage.

Your objection to this modest development sounds spurious to me, and was probably viewed as such by the council, explaining why it wasn't taken seriously.

Ultimately, unless there is a very good reason why not, anyone should be able to develop their property as they see fit.

Maybe you are right, although I still think a building that will eliminate any sunlight from my back garden is a good enough reason to voice an objection.

 

[Kilo-Foxtrot]

It is ours, it is ours on the deeds etc, that is my point, there is no question about who OWNS the land, the council are arguing that they adopted it and have a right of sight across the land. in short they are just doing what local authority hitlers do, they are simply bullies who are overpaid and have too much power.

Trust me on this, I know I am in the right, the problem is I would end up having to go to the highest court in the land, because the council guy has categorically told me they will appeal all the way until I run out of money.

So I know enjoy making the lives of these people hell by uncovering their wrongdoings, which for so long they have been able to cover up, but now thanks to the internet, that is no longer an option

I wonder if they would be so quick to argue that it's theirs if someone were to have an accident on that piece of land

 

[gr9ce]

Hex any light consideration are at 45/60' angles from habitable rooms this excludes kitchens utilities and bathrooms/cloakrooms. The right to light ruling was diminished some time ago.

Light consideration now gets included in 'over development of the site' which is sometimes a reason for refusal especially in green belt.

Some councils will refuse detached garages due to the danger of future use as a separate dwelling or for renting out. it all depends what is written in their Local and Neighbourhood Plans.

One reason why residents should sit up and take notice as to what Councils are including in new Local Plans as you can wake up and find you can't build a garage or stable or whatever due to that plan.