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Asking for a friend....
why? simply unhappy with a decision or think they've actually erred in law?
The most efficient way to over turn a decision is to make a donation to the Tory party they appeal to the Secretary of State, who will over rule the local planning authority. It's how most new developments get permission when they go against the local development plan (which is a statutory obligation on the local authority).
bung this to your local Tory MP
I'd imagine taking them to court would be expensive; I think you'd need to have a judicial review. If you're the applicant, you can appeal to the Planning Inspectorate, if you're an objector you can ask the Ombudsman to rule on maladministration, which might get you compensation but cannot reverse the decision.
Good luck with that
Poor residents of Blakelands Milton Keynes have been fighting the council since a 18m high warehouse was built in their back gardens, the original planning officer was going to refuse planning but was replaced.
The most efficient way to over turn a decision is to make a donation to the Tory party
bung this to your local Tory MP
In Scotland its SNP 😉
If it a decision you don't like and you are the applicant you have to appeal through the system. No right of appeal to objectors. If you are a 3rd party objector and you think there has been maladminstration you need to complain through the council process, then escalate through to the Local Govt Ombudsman.
In relation to a planning application:
If you are not the applicant and are seeking to overturn a decision then Judicial Review it is. However, there must be good grounds (error of law) for doing so, you must act in a timely fashion and also have deep pockets. Furthermore, the Courts are reticent to interfere with a planning decision and the exercise of a broad planning judgement on the part of an officer.
You can also complain to the Local Government Ombudsman on certain grounds but the decision will still stand.
If you are the applicant, then you can appeal to the Planning Inspectorate.
Something else:
More details please. Has your friend been subject to the unwelcome attentions of a local planning enforcement officer?
Conversely, standard issue STW response: Frozen sausages, something, something, pet of choice.
Problem is as follows- local planning office not enforcing the conditions in a successful planning application.
The individuals who gained planning permission had a "personal use only" restriction which they are not abiding by and allowing third parties access and use.
This seems to get to the heart of the matter, and doesn't appear overly helpful in terms of forcing them to do anything.
You’ll find that the council probably have most of their staff working from home, some may have even been redeployed to other areas so they can continue to deliver critical services with reduced staffing due to self isolation etc etc. Planning enforcement might be one service they have decided isn’t critical just at the moment.
In Scotland its SNP
Nah they are everywhere
If you are a 3rd party objector and you think there has been maladminstration you need to complain through the council process, then escalate through to the Local Govt Ombudsman.
My suggestion from above applies all areas of local authority performance.
The individuals who gained planning permission had a “personal use only” restriction which they are not abiding by and allowing third parties access and use.
If this relates to breach of a planning condition which is interfering with your use and enjoyment of your property, you may have a private nuisance claim against the owners of the premises. Failure to comply with a planning condition is not a prima facie nuisance, but it could be persuasive evidence that the activities do constitute a nuisance.
As suggested above, if your concern is that the council has failed to take enforcement steps, then it's judicial review which is very expensive and only applies in certain circumstances (Wednesbury unreasonableness, procedural unfairness etc etc).
id put money on youll get nowhere.
option a) suck it up
option b) make their life a misery.
Ive recently gone with option a
Having been on the other end of one, before a judicial review is even considered for acceptance you have to show that you've tried to resolve tbe issue through normal complaint and escalation channels.
Do say in your complaint letter to the Local Authority that you are considering escalation to the Local Govt Ombudsman and are willing to puruse judicial review.
Given that the council did a load of work on my property without proper legal authority and refused to get planning . listed building consents or building warrants for the work and I have been told by a good lawyer that it will be hopeless to pursue this I would doubt there would be any point. Still waiting for a final settlement 18 years on
In East Lothian you need an envelope with Taylor Wimpy written on it left on a Labour councillors desk.
Works every time. The Ivory tower in Dunbar is almost at cloud height now.
OP, are you in Scotland? If so give these guys a call
https://www.pas.org.uk/advice
I used them for first class, free advice. They didn't take on my case but instead advised me on how I should approach it. Planning is a nightmare, take all the help you can get.
when they go against the local development plan
Or do like my local council and be so inept that they couldn't even agree a LDP so now they are obliged to consider any planning application that gets thrown at them and we now have buildings being thrown up everywhere, further planning permissions granted left, right and centre (and I am talking several thousands of homes), existing PPs that included playing fields being changed to make the playing fields even more homes and all in the absence of any kind of plan to improve road infrastructure, build more schools or increase GP and hospital capacity. Harrogate Borough Council, I ****ing salute you.
Richmondshire North Yorkshire...
Sackless to a bod.
Going for option b, make life a misery.
Going for option b, make life a misery.
Believe me, for Local Authorities this is best acheieved by complaint and escalation, with a side order of tell your MP (works best if of different leaning to the authority) and enthusisatic journalist for sad face photo coverage.
Richmondshire North Yorkshire…
Stands to reason - both Richmondshire CC and Harrogate BC are controlled by the ****less idiots in Northallerton.
The guy in Croydon who I think pioneered the 'shark in the roof' to annoy his neighbours and the Council after a planning dispute subsequently moved on to driving a tank* around the one way system as very slow speeds to bring the roads to a halt
*OK, possibly an APC
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EDIT - bloody picture uploading
I didn’t believe planning officers could be as bad as people said. Then we had to deal with them. It was a bizarre experience with no objectivity and took nearly two years to get permission for a simple extension that had already been approved by the Parish council.
We wondered how someone round the corner managed to get planning in several weeks to gut a historic cottage and build a huge house in a preservation area. It turns out they own a large local building firm. They must be good at filling forms out in the right way. I can’t imagine any appeals would be easy.
We extended over the garage and out the back, replaced a conservatory with two storey extension. Several precedents in the streets with similar extensions. We received no objections, we were not proposing any over-looking and no over-shadowing. We retained both car parking spaces and footprint of the house barely changed due to existing garage and conservatory.
The extension is at rear of property which backs on to a 40mph road but shielded by mature trees and fence.
Planning refused as they said it looked too big. Important to note that they didn't say it was too big, they said it looked too big. Apparently there is a difference. Our neighbours made their house 40% wider, no problem with planning. We were keeping the same footprint but the planning officer didn't like it.
We wrote a detailed report, lots of photos, lots of drawings, lots of overlay images with before and after plans, lots of evidence about how we had changed design as concession, demonstrated how we were not increasing footprint and then we got our local councillor on board. He agreed with us and told planning officer he would call it in to Committee if they didn't approve it. They then approved it. Local Councillor was superb and represented us very well.
We did have another issue with a 9month debate about a particular window. In the end we realised we could do it under permitted development without permission. We then just wrote on the plans as such and they waved it through! At no point did they think to advise as that we could do this, they preferred to get in to protracted emails and formal letters.
Maddening, frustrating and expensive bureaucratic nightmare.
Most of Woking should take their planning officers to court and/or the council exec for the monstrosities they're building in the town and some of the frankly corrupt* stuff that's been going on with some planning decisions. But most of Woking are Tory voting sheep.
* - seemingly, just my opinion of course.