Planning Application dispute with Parish Council

[islandgirl]

before I answer what stage is the planning application at?

[Timbo2022]

before I answer what stage is the planning application at?

Most consultees have responded. There is no decision date set yet but I'm expecting it will be early Feb.


Their main justification for objecting cited a Local Plan policy violation...but they now see they had misread and completely inverted its intended meaning.

Their remaining arguments are a bit silly.... they say the road access is unsafe, even though the Highways Agency think it's fine, they say the water will be contaminated, even though the Environment Agency have approved the proposal.

[islandgirl]

Thank you. if it is a hotly disputed application there is every chance it will be "called in" by the local councillor and debated at planning committee. As a member of the public you will be allowed to speak usually for 2 mins in support of the application If not then it may be officers decision but that is unusual if it is contentious.

Firstly I think forget the law of Defamation would be my advice.

It is clear that the PC hold different views to you - one man's nimby is another man's local hero.

As for the statment that part of their submission is "untrue" that is interesting but unminuted etc it does not help you. If the "untrue" part is a factual issue then you can make a submission yourself explaining how it is "untrue" which will be seen by those deciding the matter.

The PC are absoutely right - decisions cannot be taken unless they are put onto the agenda of the PC meeting well in advance and notified to the public. There will be no time to hold a new consultation within the timescale for submissions I assume even if one were to be desired by the PC.

If you feel strongly make a code of conduct complaint against the PC with your local council. However I still do not see how any of this minimises opposition. You are not going to get the PC to support the plans it seems. So, providing you make a submission correcting their inaccurate facts what more can you wish to achieve?

One assumes that the PC consulted with local people before making their submission opposing the plans. You are very u****ly to get everyone to change their minds and it may be best just to accept this.

[islandgirl]

I had replied once but it was lost so I will try again...

It is likely that it will be "called in" by a local councillor to planning committee if contentious. Then you would have the chance to speak in favour at the committee meeting usually for 2 minutes.

The "untrue" comment by a councillor is not minuted but in terms of the local plan policy violation and their misunderstanding of it, the local council making the decision will realize that right away. If you feel strongly about the matter make a submission showing how the PCs arguments are flawed.

You have a different view to the PC which is fine but remember one man's nimby is another man's local hero....

You can of course make a standards / code of conduct complaint if you wish but I fail to see how this will assist you in removing the opposition of the PC.

It is also the case that the PC cannot discuss or make decisions about anything not on the agenda and notified in advance of the meeting.

I think you have to accept their view is at odds with yours and, if you wish, make a submission about the ways in which they are wrong.

In terms of highways I have seen the HA say a project locally would be safe when clearly it would not and their views were rejected by the planning committee who could see they were wrong. The fact that the HA say it is Ok is not a green light. These arguments may be "silly" in your opinion but they are vaild ones to make if the PC feel they are important.

FInally I forget the defamation would be my advice.

[Timbo2022]

Thank you so much for your time and advice.

I'll stick a reminder in my diary for a couple of months time, so I can let you know how it all turned out :-)

Happy New Year.

[islandgirl]

Happy New Year to you too! Don't forget to check if it gets called in so you can speak in favour
best wishes

[EXC]

I had replied once but it was lost so I will try again...

Sorry, it must have included something our automatic spam filter didn't like so I've re-instated your post.

[islandgirl]

Thank you!

[Timbo2022]

Thank you so much for your time and advice.

I'll stick a reminder in my diary for a couple of months time, so I can let you know how it all turned out :-)

Happy New Year.

Wow, a whole year gone by and this planning matter is still not decided :-(

[Timbo2022]

Happy New Year to you too! Don't forget to check if it gets called in so you can speak in favour
best wishes

Hi,

You helped me last year and I was hoping you might advise again? This planning matter is continuing...

After modifcations, the Planning Application was re-submitted and came before my Parish Council recently...

The Chair spoke strongly against in a long opening, carefully prepared statement.
There was very little discussion, each of the 4 Cllr's made preprepared statements
After all 4 had spoken, the chair said a couple of sentences that revealed she had completely misunderstood a basic principle of the Application. It was spectacularly incorrect and revealed that her principle objection was entirely based on a basic misunderstanding.

Our Local Councillor intervened and tried to correct the Chair but it was obvious the Chair's mind was closed and she immediately moved to a vote (apparently realising she had undermined herself and knew she had to shut down further debate).

Is the refusal to correct the mistake and reassess the Application based on a correct understanding evidence of a closed mind?

Vote went 3:1 against

It appeared entirely predetermined

Immediately after the vote, the Clerk produced a preprepared opposing comment and said to the Chair "I have added the word "arguably" into the statement, is that OK" the Chair nodded and the Clerk put it aside to write into the minutes.

The Clerk had intended to speak only to the Chair about it.... but my iPhone recording at the back of the room captured it all

Is the production of the preprepared opposing statement good evidence of predetermination?

This is very important to me so if I have a case for predetermination against the Chair I would like to proceed, to the Ombudsman?

Please advise
thanks :-)

[islandgirl]

Welcome back! Have a look at this: https://www.hart.gov.uk/sites/defaul...ermination.pdf

[Timbo2022]

Welcome back! Have a look at this: https://www.hart.gov.uk/sites/defaul...ermination.pdf

Thanks, I think that supports my case that they had closed minds as they took the decision. Para 4 exactly describes the situation here.

The PC have now posted their comment citing several policies from the Local Plan as reasons for refusal. Rather than read all the polices and take a balanced view of the entire policy set, they appear to have just cherry picked half-sentences and phrases that might be read giving succour to their view even when the true intent of the Policy was clearly to support the proposal.

I asked them to explain/justify their comment as reasonably required by the Code of Conduct and am awaiting a response. It looks like further evidence of the decison having been predetermined.

So I need to decide whether asking the Compliance Officer to start an enquiry for possible breach of Sect. 25 Localism Act 2011 will help me? I guess it wouldn't complete a report in time but even opening an enquiry might reduce the power of their opposition?

Meanwhile, the decison has been called in to the Strategic Planning Committee on the 16th February 2023 where I hope to speak in support.

Thanks

[Timbo2022]

Welcome back! Have a look at this: https://www.hart.gov.uk/sites/defaul...ermination.pdf

RESULT!

Application was called in to strategic committee, we won it 8:2 :-)

[islandgirl]

Well done! thank you for coming back to let us know