Planning Appeal Visit next week, LPA withdrawn refusal

[zetamajor]

Hi all,

I have quite an interesting situation and, for anyone with knowledge of the Appeals process. What you would do in this situation ?

- 1st Planning Application submitted for a new dwelling. Permission refused, but then I won Appeal

- 2nd application for same site, same dwelling, but now with a garage. Permission refused for just one reason: concerns over survival of a tree and a TPO was placed on said tree. (This is a different reason for refusal from the first application).

- TPO was withdrawn so Appeal for 2nd application submitted in July. The Council have withdrawn their only reason for refusing 2nd Application in their Appeal Statement on the basis the tree was not valuable after all.

- Tree felled with Tree Officer's blessing.

- 3rd application then went submitted, identical to 2nd application but the tree is now gone of course. This application has now approved in full today so I can go ahead with my project without any further planning problems.

- The Appeal Inspector's visit relating to the 2nd application is now scheduled for next week, just 8 weeks into Appeal process.

What should I do ?

- Withdraw Appeal and submit a claim for costs on the basis Council have approved an identical application, or

- Wait for Inspector's visit, all the work has been done by all parties now. I have nothing to lose, even if the Appeal is dismissed, as the 3rd planning application is now approved.

I would like to submit a Costs claim as I think I can easily substantiate unreasonable behaviour by the Council. It would be great to get a costs decision in my favour, although I doubt it will amount to much since I haven't paid for any help in making the Appeal. It would also be nice to get another Appeal decision in my favour as it would be a well deserved poke in the eye for Council

I would add I have no professional advice or qualifications, just researching on the internet, so am 50:50 about which way to go. .

Cheers, zm.

 

[freddiemercurystwin]

Why is the appeal even continuing when the basis for its refusal is no longer even present?

 

[zetamajor]

"Why is the appeal even continuing when the basis for its refusal is no longer even present? "

because, until today's approval of the 3rd application, I didn't have planning permission for the scheme I want to implement. The 2nd application that was refused doesn't become approved, just because the refusal is no longer valid.

 

[freddiemercurystwin]

But the second scheme is no longer relevant is it not? It shows a tree that is no longer there doesn't it?

 

[zetamajor]

But the second scheme is no longer relevant is it not? It shows a tree that is no longer there doesn't it?

It is very relevant indeed since the Appeal is ongoing and there is the matter of costs. Schemes just don't become irrelevant.

 

[freddiemercurystwin]

But when the inspector arrives at the site and goes to inspect the tree it will no longer be there. What do you suppose he will do?

 

[freddiemercurystwin]

It is very relevant indeed since the Appeal is ongoing and there is the matter of costs. Schemes just don't become irrelevant.

It may be relevant to you because the application and subsequent appeal has cost you money. However it is no longer a valid application. And if the application is no longer valid how can an inspector apply costs against any party. If the application is invalid then so is the appeal.

 

[zetamajor]

But when the inspector arrives at the site and goes to inspect the tree it will no longer be there. What do you suppose he will do?

The Inspector can do anything they want. Even refuse the Appeal. He isn't coming to inspect the tree, he is reviewing the application that is subject of the Appeal. They don't just look at the reason for refusal. The Inspector is well aware the tree is no longer there and that the Council have withdrawn their reason for refusal.

 

[zetamajor]

It is very relevant indeed since the Appeal is ongoing and there is the matter of costs. Schemes just don't become irrelevant.

It may be relevant to you because the application and subsequent appeal has cost you money. However it is no longer a valid application. And if the application is no longer valid how can an inspector apply costs against any party. If the application is invalid then so is the appeal.

show me any legislation which talks of applications becoming "no longer valid". There is no such status for a planning application or an appeal and what you are saying makes no sense at all.

 

[freddiemercurystwin]

Well frankly you sound like you're just pursuing this for a personal moral victory so go for a claim. But the only person who cares will be you by the sounds of it.

 

[Nakajo]

I suspect that a claim for costs will be unsucessful, and an Inspector will probably look unfavorably upon this as a waste of time, but it's your right to continue the Appeal if you so wish.

 

[^woody^]

Forget it. Move on.

Just because a scheme was refused, and a similar scheme subsequent approved, does not mean that the original scheme was wrongly refused.

Why would you get costs when you are wasting the inspector's and council's time?

 

[andyplan]

It sounds like you appealed AFTER the Council decided not to confirm the TPO. Is that correct?

If so, you could have waited to appeal against the second refusal until after the Council had determined your third application. You knew that the TPO had not been confirmed by that point - and that being the only reason for refusal suggests a strong likelihood that a duplicate application would be approved (all other things being equal). The NPPF advises applicants to engage in pre-application enquiries to prevent wasted time and effort so if you had followed this then the Council would have probably advised you that they would be likely to approve a further application (subject to caveats etc).

There's a case to say that the Council should be entitled to its costs for at least part of the appeal process (and possibly all of it). It sounds unreasonable for you to proceed when the tree is no longer there! Only you can withdraw the appeal so the Council and the Inspector are tied into the process.