Apparent bias

[Mjack05]

Good morning

Has anyone any experience with Apparent Bias relating to planning and Green belt development..

Thanks Matt

[echat11]

Your first port of call should be your local Councillor. Also each Council has it's planning regulations on it's website.

[Mjack05]

Hello...I'm quite prolific in the planning regulations, locally...and also Green belt exceptions...however, the situation is that I bought a public house which had a house attached to it...(do,for arguments sake after splitting the deeds its not semi detached....both properties had land attached to the side and when I owned the house, I applied for pre-app advice on whether I could build on the land...its designation is both green belt and agricultural land...I did this twice and both times was told absolutely not....eventually I sold the house, got change of use on the pub,renovated it and now live there...

The pub is on a tight bend and I made a turning area at the side of the property so I could drive jn ,in forward gear..turn around and drive out in forward gear..I thought it would come under permitted development..however, it didn't and long story short ,planning instructed for me to put in a planning application, which was turned down...then they sent in the enforcement team for me to return it to it former use .ie grass...

After this was carried out, my neighbour then removed quite a chunk of his land and has created a parking space.. on the very same green belt...and of course when I brought this up with the council, the enforcement officer (same guy) has advised due to the size ,they wouldn't be taking any action...

This I'm sure is apparent bias..any "reasonable " man would agree..

So,I need to chat to someone who understands and can offer any advice....

Apparently all I need to prove is that "the reasonable man would agree that we gave been treated differently...."

[echat11]

What you need to do is lodge a complaint in writing against the Planning Department, when doing so make your case, you could get an expert report (don't think you need one), photographs, show the difference in treatment etc.
(if your neighbour's land is a different size, by how much?)

You need a final response / deadlock letter from the Council, then you can lodge a complaint with the LGO -

https://www.lgo.org.uk/

[Mjack05]

Wouldn't it be better going through the courts....I'm sure apparently bias is when I only have to prove that there has clearly been a difference of treatment between 2 virtually identical situations...

[islandgirl]

Echat gives wise advice. What do you want to gain by your complaint?

[Mjack05]

I actually have a bigger issue with the authority planners and believe they have acted inappropriately on other applications I've presented to the Borough and this is a line in the sand,to prove that my thesis has foundation... this is a easier way to demonstrate an example of bias towards me...

[Mjack05]

Because every planning application is decided upon its own individual merits then its easy for a council planner to explain away his rationale behind an irrational decision...if,I was taken to the Planning Inspectorate then again, mostly they would come down on the side of tge authority if the development was on Green belt...now,I accept that...however, if the very same authority then rule differently on exactly the same situation in a mirror like development not 20 metres than my own..then,I gave a good example to prove a bias...I work and live by the rules of the law...and this is a basic violation of the "flexibility " of power a planning officer has, and we shouldn't take it lying down...

What do I want from this.. ? Good question...I'm not really sure...maybe to stand up and say, don't take everything that's thrown at you and fight for what's right..!!!

Isn't that what this site is all about...????

[Mjack05]

Sorry for some spelling mistakes...bloody predictive text. !!

[islandgirl]

When your application was refused did you appeal? Did you call the matter in to planning committee via your local councillor? I can see you think you have been unfairly treated and that may be the case - have you compared the decisions by the planning officers and seen how they differ? I just worry that you could become embroiled in a long and difficult dispute with no gain for yourself in the end. Complain to the ombudsman maybe but I would avoid courts like the plague!

[echat11]

You can go through the Courts, that could be quite a lengthy process. But even then the Courts will expect you to have tried everything else to resolve the matter before turning to them. They really should be a last resort.

[Mjack05]

I did appeal to the Inspectorate and they agreed with the authority, and I accept that...in reality, it could be construed inappropriate development on Green belt...however,...(see previous moans...!!)

Part of the issue, it's kinda bigger than what I can show in its entirely is that...I ran against my local Councillor as it was shown that she isn't,let's say,as white as is implied by her position and integrity does not overflow from her cup...this then led to a personal political battle that even today I find myself in..as I will not lie down as others do jn a small,rural hamlett that is a hornets nest of inbred twisted behaviour.. anyway,coming back to the point.. I do try and use my limited but trusted knowledge in the law to help with equality ... so,this is a wrestle involving the little man against the man..!!!

so...coming back to my earlier q... do I just need to show bias between 2 applications...virtually the same...but with different origin, 1 being a thorn in the side of the Local Boris Johnson team of truth tellers. .

[Mjack05]

I will upload the reasonings recieved from LA tomorrow...

[islandgirl]

Very interesting. The important issue is how the decisions in your case contrast with the other case you mention...

[echat11]

The thing is, to a certain extent you have 'tunnel vision', the Council has 'tunnel vision', you can only see the other as the problem. What it needs is an independent organisation to look at the matter, providing the land size is almost the same, then the LGO has fresh eyes to look at the matter, they have no 'axe to grind' with either party.

https://www.lgo.org.uk/decisions/planning