Hello,

We applied for Planning permission for a two storey extension on our semi-
detached house about eight weeks ago.

After the consultation period was over the council wrote to us saying there
had been no objections but he (the planning officer) would not approve the
scheme in its current form and so we had to make some major changes to the
design.

We only just found out that the planner was happy with the changes but
they had received an objection from a neighbour about the 1st floor
window which the planner considers to be a valid objection. However, since
we are only two working days away from the final decision, it is far too
late for us to amend the plans.

My question is: Does anyone have any ideas how we could avoid having to
resubmit the planning application and start the whole process off again?

Also are objections received after the consultation period finished valid
anyway?

TIA, M

"M" wrote in message
om...
My question is: Does anyone have any ideas how we could avoid having to
resubmit the planning application and start the whole process off again?

It seems like the planners won't grant permission for the plans you have
submitted. If you want permission, you will either have to submit amended
plans or appeal against their decision to refuse. I believe that if you withdraw
the application while you amend the plans and then resubmit them
you won't have to pay a second application fee (BICBW).

Also are objections received after the consultation period finished valid
anyway?

Yes - most authorities will accept representations right up until the day
the decision is made.

I have attended evening planning meetings where relevant letters and faxes
of objection received by the planning office *that same day* are read out.


Robin

In article ,
(M) wrote:

My question is: Does anyone have any ideas how we could avoid having to
resubmit the planning application and start the whole process off again?

You shouldn't have to resubmit as your current application can be
amended. I don't know precisely what you mean by "two working days away
from the final decision" - is this the time for the Planning Committee
to sit or the notional deadline set by the ODPM for determination of
planning applications? There is no reason why, if negotiation is
continuing, applications can't be delayed until an agreement has been
reached.

Also are objections received after the consultation period finished valid
anyway?

Yes, if they raise a material consideration.

(I'm a member of a local authority Planning Applications committee)

--
http://www.election.demon.co.uk
"I am convinced that within twenty-five years from now a Liberal candidate
will be returned to Parliament in every constituency" - Dame Hilda Tablet

After the consultation period was over the council wrote to us saying
there
had been no objections but he (the planning officer) would not approve the
scheme in its current form and so we had to make some major changes to the
design.

It sounds as though the application is being dealt with by the planning
officers under delegated powers. This is quite normal and if you don't make
the changes then it will be refused.

We only just found out that the planner was happy with the changes but
they had received an objection from a neighbour about the 1st floor
window which the planner considers to be a valid objection. However,
since
we are only two working days away from the final decision, it is far too
late for us to amend the plans.

As above if you will not amend them then it will be refused.

My question is: Does anyone have any ideas how we could avoid having to
resubmit the planning application and start the whole process off again?

As above

Also are objections received after the consultation period finished valid
anyway?

Objections can, and indeed frequently are, made right up to when the
decision is made. Often this is at the planning committee meeting where the
matter is being decided. In the same way applicants can submit amendments at
the last minute. Objectors have rights just as applicants do. The deadline
is not cast in stone since you can ask for it to be deferred pending
negotiation over the changes or withdraw the application entirely. In the
latter case you can submit an amended application and go through the whole
procedure again without paying again. Your best bet is to ask for it to be
deferred and negotiate with the planners. If you decide, as applicants often
do, that you want is decided as submitted then you will almost certainly
lose and have to pay again for an amended application.

"M" wrote in message
om...
Hello,

We applied for Planning permission for a two storey extension on our semi-
detached house about eight weeks ago.

After the consultation period was over the council wrote to us saying
there
had been no objections but he (the planning officer) would not approve the
scheme in its current form and so we had to make some major changes to the
design.

We only just found out that the planner was happy with the changes but
they had received an objection from a neighbour about the 1st floor
window which the planner considers to be a valid objection. However,
since
we are only two working days away from the final decision, it is far too
late for us to amend the plans.

My question is: Does anyone have any ideas how we could avoid having to
resubmit the planning application and start the whole process off again?

Also are objections received after the consultation period finished valid
anyway?

TIA, M

You may not be aware
You do get a 2nd bite of the cherry though without paying a new fee
So ask for a meeting with the planners .......see what amendments they want
........adjust the drawings and you should get permission

However I am very surprised that if your plans originally met with approval
by the planner that just one objection would oust it .........I will bet the
objector twisted the arm of your local councillor to bend the planners ear

x-no-archive: yes
nambucca wrote in message
...
I will bet the objector twisted the arm of your local councillor to bend
the planners ear


Well, that's democracy I suppose.....

"Peter Crosland" wrote in message ...
After the consultation period was over the council wrote to us saying
there
had been no objections but he (the planning officer) would not approve the
scheme in its current form and so we had to make some major changes to the
design.

It sounds as though the application is being dealt with by the planning
officers under delegated powers. This is quite normal and if you don't make
the changes then it will be refused.

I believe it is being dealt with under delegated powers. As I previously
stated we have already done major changes as a result of feedback from
the planning department.

We only just found out that the planner was happy with the changes but
they had received an objection from a neighbour about the 1st floor
window which the planner considers to be a valid objection. However,
since
we are only two working days away from the final decision, it is far too
late for us to amend the plans.

As above if you will not amend them then it will be refused.

Maybe my original post was badly worded. It's not a case of not being
willing to make changes; we already have. However there was about a two
week turnover before we heard anything from the planners. Now we only
have about two days.

[I just wish the neighbour in question had told us about their worries
and given us a fair chance to make any changes.
We did tell them months ago about the extension and asked for comments
at that time.]

Also are objections received after the consultation period finished valid
anyway?

Objections can, and indeed frequently are, made right up to when the
decision is made. Often this is at the planning committee meeting where the
matter is being decided. In the same way applicants can submit amendments at
the last minute. Objectors have rights just as applicants do. The deadline
is not cast in stone since you can ask for it to be deferred pending
negotiation over the changes or withdraw the application entirely. In the
latter case you can submit an amended application and go through the whole
procedure again without paying again. Your best bet is to ask for it to be
deferred and negotiate with the planners. If you decide, as applicants often
do, that you want is decided as submitted then you will almost certainly
lose and have to pay again for an amended application.

In that case I wonder why they put an earlier date as a deadline for all
comments in the letters and notices that they post?

M

Objections can, and indeed frequently are, made right up to when the
decision is made. Often this is at the planning committee meeting
where the matter is being decided. In the same way applicants can
submit amendments at the last minute. Objectors have rights just as
applicants do. The deadline is not cast in stone since you can ask
for it to be deferred pending negotiation over the changes or
withdraw the application entirely. In the latter case you can submit
an amended application and go through the whole procedure again
without paying again. Your best bet is to ask for it to be deferred
and negotiate with the planners. If you decide, as applicants often
do, that you want is decided as submitted then you will almost
certainly lose and have to pay again for an amended application.

In that case I wonder why they put an earlier date as a deadline for
all
comments in the letters and notices that they post?

That is the law. Howver, the planners have to make a decision based on all
the information they have and your neighbours have evry right to object at
the last minute though it is not ideal. Just because you have made some
changes does not mean that your plans will be acceptable. You are just going
to have to accept this if you want to get permission.

"Peter Crosland" wrote in message ...

Objections can, and indeed frequently are, made right up to when the
decision is made. Often this is at the planning committee meeting
where the matter is being decided. In the same way applicants can
submit amendments at the last minute. Objectors have rights just as
applicants do. The deadline is not cast in stone since you can ask
for it to be deferred pending negotiation over the changes or
withdraw the application entirely. In the latter case you can submit
an amended application and go through the whole procedure again
without paying again. Your best bet is to ask for it to be deferred
and negotiate with the planners. If you decide, as applicants often
do, that you want is decided as submitted then you will almost
certainly lose and have to pay again for an amended application.

In that case I wonder why they put an earlier date as a deadline for
all
comments in the letters and notices that they post?

That is the law. Howver, the planners have to make a decision based on all
the information they have and your neighbours have evry right to object at
the last minute though it is not ideal. Just because you have made some
changes does not mean that your plans will be acceptable. You are just going
to have to accept this if you want to get permission.

I just went down to the planning department to find out more about the
objection. I was mistaken about the lateness of the objection. It was
actually received weeks ago. It's a pity that no-one told me about it
before.

I know that making changes will not automatically make the plans acceptable.
However if I am not told what is wrong I can't fix it.

In article , M
writes
I just went down to the planning department to find out more about the
objection. I was mistaken about the lateness of the objection. It was
actually received weeks ago. It's a pity that no-one told me about it
before.

They don't have to tell you that there has been an objection, the onus
is on you to look in the file, they consider the application, any
objections, put their own slant/spin on it and inform you of the
decision. Objections do mean though that it will go to committee which
is not always the case if there are no objections

I know that making changes will not automatically make the plans acceptable.
However if I am not told what is wrong I can't fix it.

My experience is that its in your interest to keep as close to
proceedings as possible, don't rely on waiting to be informed and try to
keep on good terms with the planning officer, it can pay dividends
--
David

x-no-archive: yes
wrote in message
...

They don't have to tell you that there has been an objection, the onus is
on you to look in the file,

Not all councils allow you to 'look in the file', particularly if the matter
is still undecided.

Objections do mean though that it will go to committee which is not always
the case if there are no objections

Not necessarily - depends on your council's delegation arrangements:
increasingly these days, to speed things up as the govt wants, less cases
are put before committee and you need to check whether the receipt of an
objection is enough to trigger a referral to the committee.

"Mike Huskisson" wrote in message
...
x-no-archive: yes
wrote in message
...

They don't have to tell you that there has been an objection, the onus
is
on you to look in the file,

Not all councils allow you to 'look in the file', particularly if the
matter
is still undecided.


They are supposed to. The "Open Government" initiative from the 90s
insisted upon it. In any case, even before that you had rights of access to
some of the data under the Data Protection Act.

x-no-archive: yes
G&M wrote in message
...

Not all councils allow you to 'look in the file', particularly if the
matter
is still undecided.


They are supposed to. The "Open Government" initiative from the 90s
insisted upon it. In any case, even before that you had rights of access
to
some of the data under the Data Protection Act.

The file is not required to be made available to the public, but 'background
papers' to a committee report are (these might be as limited as letters of
objecton or support received from sources external to the council). If no
committee report is written, it follows that there are no 'background
papers'. So, for a matter decided under officers' delegation, where there
is no committee report, the council is not obliged to show you anything.
Many do because it's their policy & practice, but they are not obliged to
(until the end of 2004 that is when the law will change).

"Mike Huskisson" wrote in message
...
Not all councils allow you to 'look in the file', particularly if the
matter
is still undecided.


They are supposed to. The "Open Government" initiative from the 90s
insisted upon it. In any case, even before that you had rights of
access
to
some of the data under the Data Protection Act.

The file is not required to be made available to the public, but
'background
papers' to a committee report are (these might be as limited as letters of
objecton or support received from sources external to the council). If no
committee report is written, it follows that there are no 'background
papers'. So, for a matter decided under officers' delegation, where there
is no committee report, the council is not obliged to show you anything.
Many do because it's their policy & practice, but they are not obliged to
(until the end of 2004 that is when the law will change).

Somewhere in their office there is a file with your house address on it.
You have full rights to see that file ever since the 90s and I have used
this right several times. Some councils argue whereas others are helpful.
But never have I not seen the file.

In article , Mike
Huskisson writes
x-no-archive: yes
G&M wrote in message
...

Not all councils allow you to 'look in the file', particularly if the
matter
is still undecided.


They are supposed to. The "Open Government" initiative from the 90s
insisted upon it. In any case, even before that you had rights of access
to
some of the data under the Data Protection Act.

The file is not required to be made available to the public, but 'background
papers' to a committee report are (these might be as limited as letters of
objecton or support received from sources external to the council). If no
committee report is written, it follows that there are no 'background
papers'. So, for a matter decided under officers' delegation, where there
is no committee report, the council is not obliged to show you anything.
Many do because it's their policy & practice, but they are not obliged to
(until the end of 2004 that is when the law will change).

Normally there are two files, the actual application and then the
working file which will have all the correspondence and case notes in
it, whether what you say is true or not I don't know, I have never yet
been told I cannot see either of these files and in fact our local
council put most of their stuff on their planning portal website,
certainly all the objections are on there.

--
David

wrote in message
...
Not all councils allow you to 'look in the file', particularly if the
matter is still undecided.


They are supposed to. The "Open Government" initiative from the 90s
insisted upon it. In any case, even before that you had rights of
access
to
some of the data under the Data Protection Act.

The file is not required to be made available to the public, but
'background
papers' to a committee report are (these might be as limited as letters
of
objecton or support received from sources external to the council). If
no
committee report is written, it follows that there are no 'background
papers'. So, for a matter decided under officers' delegation, where
there
is no committee report, the council is not obliged to show you anything.
Many do because it's their policy & practice, but they are not obliged to
(until the end of 2004 that is when the law will change).

Normally there are two files, the actual application and then the
working file which will have all the correspondence and case notes in
it, whether what you say is true or not I don't know, I have never yet
been told I cannot see either of these files and in fact our local
council put most of their stuff on their planning portal website,
certainly all the objections are on there.


Any council not releasing documents would cause chaos with people doing
private searches rather than relying on the council (i.e. useless) one.

"David Blundell" wrote in message
...
x-no-archive: yes
G&M wrote in message
...

Somewhere in their office there is a file with your house address on it.
You have full rights to see that file ever since the 90s and I have used
this right several times. Some councils argue whereas others are
helpful.
But never have I not seen the file.

Is that right? I thought the Data Protection Act allows you to see any
information held about 'you' (not your property)? And I also thought that
full access to info (about anything, apart from certain exemptions) held
by
public organisatons, inc councils, is brought about only when the Freedom
Of
Information Act impacts on this in January 2005?

The Data Protection Act is something else and does as you say.

There was the "Open Government Initiative" directive several years ago
(Blair or Major - not sure) which was supposed to open up relevant public
information to you. Amongst other things, this enabled organisations other
than local councils to do searches should they wish to.

But from comments by others in the rest of this thread, it appears some
councils may have ignored this directive as it wasn't actually supported by
an Act of Parliament, though I've never met one that did. But many
hospitals have not released information they were expected to and this has
been a problem to some.

However the worse offender is probably Alastair Darling's lot at transport
who fail even to acknowledge the E route planned from the Suffolk ports down
to the West country even though it is on the EU transport plan. This makes
most house searches along that route plainly wrong.

Obviously the new Act, and indeed the new European Constitution, will
(hopefully) bring the weight of law to bear on those seeking to
unnecessarily withhold information.

x-no-archive: yes
G&M wrote in message
...

Somewhere in their office there is a file with your house address on it.
You have full rights to see that file ever since the 90s and I have used
this right several times. Some councils argue whereas others are helpful.
But never have I not seen the file.

Is that right? I thought the Data Protection Act allows you to see any
information held about 'you' (not your property)? And I also thought that
full access to info (about anything, apart from certain exemptions) held by
public organisatons, inc councils, is brought about only when the Freedom Of
Information Act impacts on this in January 2005?
Dave.