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Class PA Permitted Development

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  • Class PA Permitted Development

    There is an agricultural building next to us that has hardly been used for over 20 years. It is privately owned and the owner very rarely visits it. He has only used it to keep junk in, dump rubble from work he is doing at home and has used the adjoining land for riding motorbikes on or an old car. In 20 years there has been no business activity there at all.

    He has now been granted Prior Approval for conversion for a dwelling under Class PA development.

    We strongly objected, mainly on the basis that information on the planning statement was false or misleading. A number of local residents did likewise and The Parish Council requested that The Council make a full investigation in view of the objections raised. I have complained to The Council but can't get past 'The Council are satisfied that the evidence demonstrates that the building which was the subject of the application was in light industrial use on the 19 March 2014'.

    The building is in full view of our property and we know that the claim that the owner has been running a business with a team of people is completely untrue. It is an offence to make false or misleading claims on a planning statement but we have just been unable thus far to convince the Council that this may be a possibility. This is really frustrating as The Council are refusing to let us see, the evidence he has submitted on data protection grounds. We consider that the volume of claims of false/or misleading information from other local residents together with the fact that we were asked to allow him to say he has been using our toilet (when he hadn't) should be enough to convince the council that deeper investigation should have been carried out. This building has no power, water, sanitation, staff amenities, hard floor, solid walls with no control over temperature, humidity, ventilation or light and would have been totally unsuitable for the claimed use over a period of 10 years. It also has very little security. I think it would be really easy to prove that it hadn't been used for such a business over 10 years but which vehicle do I use if The Council won't consider the possibility of an unlawful application?

    Thanks
    Tags: None

  • #2
    Have you got your local councillor involved? Was the application "called in" for a planning meeting where you could have had your say and the planning committee would make the decision rather than an officer? I assume the system works the same for permitted development applications as normal ones though am not certain.

    Comment


    • #3
      We did alert the Parish Council. They requested a full investigation before a decision was made. It doesn't look like that happened.

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      • #4
        parish council is absolutely toothless (I say that as a parish councillor). I meant your district councillor!

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        • #5
          You are most unlikely to have that PP revoked.
          It is possible, but happens rarely due to the possible cost to the council.

          Perhaps a complaint to LGO will get you some compensation, but even for that you have to be lucky.

          Here's a link to an LGO case, which upheld the planning authority decision, but it will show you how they operate: https://www.lgo.org.uk/decisions/pla...ons/16-006-691

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          • #6
            I'm not aware of a district councillor. How do I find out who it is?

            Thanks for the LGO info. I have complained to the council but need to go through stage 2 complaint first. I think PP should be revoked on the grounds that the applicant submitted false and misleading information, how much it may cost the council shouldn't be a consideration and I would have thought the council wouldn't have to pay anything if the application was fraudulent.. I do have a lawyer prepared to look at this case but that shouldn't be necessary it really is so blatant.

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            • #7
              go onto the website of your local council and you will find details of who represents you on there - get in touch asap!

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              • #8
                I have just checked, I have 2. They are both Parish Councillors so are already aware

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                • #9
                  yes but their powers as district councillors (if they are also this) are different - make an appointment to see them (or speak to them remotely) explain the situation and tell them you want the council solicitor involved and ask to meet him/her with them to discuss...make them work for you (as they should). I do not think you can have 2 district councillors - you can only be in one place at any one time??

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                  • #10
                    If I put my postcode in, it comes up with 2, they are husband and wife too

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                    • #11
                      I am speaking to a lawyer tomorrow. He is considering Judicial Review as an option. That sound pretty drastic. It really should be simple if only I could get traction with The Council.

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                      • #12
                        Very interesting re councillors - perhaps there are differences in different areas or bigger areas may have 2?

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                        • #13
                          I have 3 councillors for my ward. Most wards in the area have 3, the rest have 2

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                          • #14
                            Clearly I live in a one horse town! No local area here has more than one. Going back to the OPs problem: Judicial Review would be extremely expensive I would imagine and can only look at the process by which the decision was made. If that was flawed the decision can be cancelled. This would as I understand it put matters back to where they were ie the application could be re-made and re-considered. Good luck tomorrow.

                            Comment


                            • #15
                              Originally posted by islandgirl View Post
                              Judicial Review would be extremely expensive I would imagine.
                              The expensive bit is if the applicant loses and is hit by a costs award.
                              However steps can be taken to avoid that outcome (but easier said than obtained!)
                              i) I believe legal aid is still available in public law proceedings
                              ii) protective costs order
                              iii)Conditional Fee Agreement
                              iiii) ATE insurance



                              Comment

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