refused change of use but neighbours granted

[wildon]

Hi all, hope someone can give me some advice. We submitted a change of use application from A1 to A2 use. from a florist to a letting agents.
We have just received the refusal notice. So we call the planning officer and query it. now a month after our application was lodged a property 5 doors down submitted an identical application.
Ours was refused due to the fact it would be taking away a retail premises from the parade of shops it is on.
Now the planning officer has told us that he will be granting our neighbours because their property is at the moment empty and has been for 2 years.
The problem is we have 2 years left on the lease and the florist is running at a loss so if we do not get a change of use we will have to default on the lease and the shop will also become vacant like it was for 3 years before we took it on.
this sounds like a joke to me so does anyone know where we stand regards an appeal?
Thanks

 

[^woody^]

As part of regeneration and economic assistance to local businesses, planners have been granted some discretion to grant permission to promote business use

I doubt that the actual reason for that other shop being granted permission was "because it was empty", but rather in a more wider context of assisting a local business - which in this case, was because the shop was empty and is now potentially getting a new use

The same criteria should/could have been used for your application in that if the planners were made aware of the trading situation, then they presumably would have possibly reached the conclusion to grant the change of use.

Your problem now, is that if the other person does get the go ahead, then that is one less retail premises, so it would make it harder for the planners to grant any further changes of use of that type in that location

You can appeal, and you would have to get hold of the policy and reasons as to why that other application was granted. But if you did not present suitable information with your application, then the planners would have decided on the information that they had - and you can't present additional information to the appeal

 

[wildon]

Thanks for the response. i feared this might be the case. What if we went ahead and opened up while submitting an appeal but also continued to trade as a florist from the same premises. This was always the plan anyway with the florist moving to the back of the premises and concentrating more on orders and internet sales rather than walk ins.
I heard there is room for negotiation with the planners following a refusal so could this be a way of compromise perhaps?

 

[^woody^]

You would be unwise to alter the use whilst an appeal is in progress - people will come around to check, and if the inspector sees unauthorised use, it wont bode well for your appeal decision.

I am not sure what you could negotiate with the planners, if you resubmit. There would have to be a significant change (information) to get an approval

You need to discuss your options with your agent if any, or engage a planning consultant for advice