expired appeal decision

[spongemum]

We have applied for a new access which was part of a larger application which was refused by committee in 2006 but allowed by inspectorate in 2007.
We have been told the planners will support it but they have delayed the decision for over 13 weeks now and our councillor neighbour has got one of his pals to get the town council to object. We think it will now go to committee and could be refused as they are entitled to a different view about aesthetics even though the inspector was specific that he agreed with the CA officer the access gap was not unsightly.

We have got frustrated and started to take down the front wall, only where the gap would be and now enforcement are threatening that we will have this application voided and have to start again anew plus pay another fee.

 

[^woody^]

Put in an appeal straightaway based on non-determination within the eight week period

 

[spongemum]

Can the committee refuse it when it has already been through appeal? The inspector was specific that it was aesthetically acceptable and not detrimental to highway safety which is what they refused it on last time in 2006 even though we were recommended for approval.
We have support from highways and conservation and the manager says they will support it but keeps delaying with petty details, We don't want to go for non determination if they are going to support it and the committee can't refuse it.
Can we claim costs for non determination?
The reason our appeal expired was that the appeal application included our other access which presently serves the house but will be used to serve the plot. They conditioned that to be closed up as it was substandard compared to the new access ie: the one we are applying for now, but this time we have divided the land first so the other access is not included in the application. Also the inspector only said thta it should be closed as it was not required not as a requirement.
I'm sorry it is so complicated!