Yes LPA's do this all the time as it means they don't have to bother writing up a report and removing hours of works from their desk.
Appeal or withdraw and submit new application?
- Thread starter locallass
- Start date
Yes LPA's do this all the time as it means they don't have to bother writing up a report and removing hours of works from their desk.
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L
Leofric
'There would be no point informing an applicant in advance of an intent to refuse other than to encourage them to withdraw'.
When the consultation period has expired, and the planning officer has had a chance to consider all comments received , the applicant ,or usually their agent in my experience ,contacts the planning case officer to see if they have decided on their recommendation. If they are going to recommend refusal the agent then decides whether to advise their client to withdraw the application or let it go through.
The planning officer discussing their recommendation isn't advising the applicant one way or another as far as withdrawing the application is concerned.
As regards this application you would expect likelylass to follow the recommendations of her own planning consultant as they have all the relevant information on the case.
When the consultation period has expired, and the planning officer has had a chance to consider all comments received , the applicant ,or usually their agent in my experience ,contacts the planning case officer to see if they have decided on their recommendation. If they are going to recommend refusal the agent then decides whether to advise their client to withdraw the application or let it go through.
The planning officer discussing their recommendation isn't advising the applicant one way or another as far as withdrawing the application is concerned.
As regards this application you would expect likelylass to follow the recommendations of her own planning consultant as they have all the relevant information on the case.
I have seen in writing countless times case officers write: "I advise you withdraw the application, otherwise I will be recommending the application be refused." or otherwise to the same effect.
L
Leofric
Don't doubt your word lt8480 about your experience of case officers writing countless times about applications being recommended for refusal , it is just that I don't recall being 'invited' to withdraw an application , but I must admit I have not had that much experience of planning refusals.
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When my last one was about to be refused I was in direct contact with the officer myself, so could discuss the reasons that they had for recommending refusal.
For me it was a useful process and gave me the opportunity to submit revised plans with a couple of small compromises. The alternative would have probably been another 12+ weeks added to the process, so I went along with it, but for all I know I could have stuck to my guns and her boss might have disagreed with her and approved it anyway.
For me it was a useful process and gave me the opportunity to submit revised plans with a couple of small compromises. The alternative would have probably been another 12+ weeks added to the process, so I went along with it, but for all I know I could have stuck to my guns and her boss might have disagreed with her and approved it anyway.
L
Leofric
I don't think it is a question of just amending the plans in this case, there seems to be a fundamental problem with access to the site over an adjoining owner's land as I understand it.
Indeed. Mine was just a nip and a tuck, 10% smaller and committing to demolish a shed to make the place less overdeveloped.
In cases like this having an agent that knows the LA team and how they tend to behave in relation to their own policy is worth it's weight in gold. Ie to know how to play the game to your advantage.
In cases like this having an agent that knows the LA team and how they tend to behave in relation to their own policy is worth it's weight in gold. Ie to know how to play the game to your advantage.
Thank you all for such considered comments and yes, it was never going to get LBC according to the planning consultant, even with the drop kerb scrapped. Eventually I plan to sell the property so am keen to make the frontage appear more appealing but staying respectful of the setting and the fact that it fronts a B road but is adjoining the entrance drive to a listed building.
I need to consider the sight lines at either end and want to be compliant with conservation area and SDNP policy. I'm thinking of putting a few low posts along the boundary as shown in the last thumbnail and would like to put something quite impactful but within the spirit of the environment... any ideas?
Hanging basket at each end? A foot-wide run of white stones/gravel along the wall of the house and planted with shrubs? Maybe a couple of large tubs with statement plants in, although I believe anything would need to be under 1m in height?
You can see that it's not symmetrical as the 2 long windows are set to the left, so it's quite hard to envisage how to make it appear as if the frontage which is essentially a large grass verge, is part of the house and is actually the front garden. It's 19m by 5m.
Do I need to consult planning/conservation to do any off these things?
Many thanks for your time, much appreciated.
I need to consider the sight lines at either end and want to be compliant with conservation area and SDNP policy. I'm thinking of putting a few low posts along the boundary as shown in the last thumbnail and would like to put something quite impactful but within the spirit of the environment... any ideas?
Hanging basket at each end? A foot-wide run of white stones/gravel along the wall of the house and planted with shrubs? Maybe a couple of large tubs with statement plants in, although I believe anything would need to be under 1m in height?
You can see that it's not symmetrical as the 2 long windows are set to the left, so it's quite hard to envisage how to make it appear as if the frontage which is essentially a large grass verge, is part of the house and is actually the front garden. It's 19m by 5m.
Do I need to consult planning/conservation to do any off these things?
Many thanks for your time, much appreciated.
L
Leofric
In our area the Highways requirements for visibility splays for informal access roads ,access courts and minor access ways are for a clear view over visibility splays at the junction with a road with visibility at 0.6m above road level. If you are already using a planning consultant they should be able to advise on the requirements in your area and possibly offer suggestions for the best way to delineate your front garden without upsetting the local authority.
p.s. don't know if any landscape architects comment on this forum !
p.s. don't know if any landscape architects comment on this forum !
I had the figure of 0.6m rattling around in my head too.
On a different note, given the previous troubled planning history there might be one other consideration. Looking at the photos I would say that grass verge, even if it is shown on your deeds, could be classed as public amenity space. If you are going to start putting up timber posts and planting using it more as a garden you might need to get change of use. I'm just flagging it up before you go and spend a load of money only for the Planners to come back and slap you in the face.
On a different note, given the previous troubled planning history there might be one other consideration. Looking at the photos I would say that grass verge, even if it is shown on your deeds, could be classed as public amenity space. If you are going to start putting up timber posts and planting using it more as a garden you might need to get change of use. I'm just flagging it up before you go and spend a load of money only for the Planners to come back and slap you in the face.
Thanks for this, I went though Extinguishment of Highway Rights over 10 years ago and all utilities pay me a wayleave sum each year, so ownership is not an issue thankfully, but really appreciate your input!
Do you think if I planted things next to the building wall they could be over 0.6m, the highways dept had no problem with the sight lines/splays on the proposed plans so as the porch was to be full height I'd assume that would be acceptable?
Just to clarify it's nothing to do with ownership, it is the use of the land. It can be in private ownership but the use is public amenity. It doesn't mean the public have access to it just that it has to be in the public domain providing a nice view or a vision splay for the highway etc.
The vision splay will have a notional diagonal line running between the side road and the main highway forming a rough triangle. Nothing in that triangle can be higher than 0.6m, not even plants you are expected to keep plants trimmed down so they do not get too tall. From the photos it looks like plants against the front wall of the house would be outside of the vision splay. The porch possibly not.
Ah I see, the land was deemed 'surplus to highway requirements' and a stopping up order was granted, the notes that came with that said that this process removes public highway rights. There is a suggestion from the local authority that I retain a visibility splay which this would do, and that no structure on the outside boundary should be higher than 1m.
L
Leofric
I haven't heard visibility splays at road junctions called public amenity space before but if the visibility splays were shown on your plans can't your architect and planning consultant advise on simple things like suitable boundary treatments that maintain the sight lines?
What does the 'stopping up order ' mean ?
What does the 'stopping up order ' mean ?
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