erection of a building - definition

[Guy Paremain]

Not so in our borough...all householder applications determined by the officer..they say

Nonsense. You can apply to change your roof to a minaret on a householder app, and I suspect it might not be decided under delegated powers.

Our Councils Solicitor and the Ombudsman have interpreted their constitution as allowing an officer to determine all Householder applications.
So, as long as the officer likes minarets that shouldn't be a problem.
Objectors of course have no right to appeal his decision.

 

[^woody^]

Our Councils Solicitor and the Ombudsman have interpreted their constitution as allowing an officer to determine all Householder applications.

Either they are wrong or you are.

 

[Nakajo]

Woody, the rules that govern the extent of delegated powers are determined at the local level. So representations do not automatically trigger determination by committee.

 

[Guy Paremain]

Our Councils Solicitor and the Ombudsman have interpreted their constitution as allowing an officer to determine all Householder applications.

Either they are wrong or you are.

Possibly, but despite your confidence there is a third option !

 

[^woody^]

Woody, the rules that govern the extent of delegated powers are determined at the local level. So representations do not automatically trigger determination by committee.

They should, because transparency and public interest amongst other things are factors to consider when section 101 delegation is used

 

[Nakajo]

Yep. They should.

 

[Guy Paremain]

if they should and they don't, who can intervene ? Are councils accountable to anyone other than the electorate ?

 

[cjard]

Its always the case.

Then we're done

 

[Footsoldier888]

if they should and they don't, who can intervene ? Are councils accountable to anyone other than the electorate ?

The Local Government Ombudsman is one of the few safeguards available to address procedural abuse by local authorities without going through formal judicial process.

It can be a useful avenue to pursue if you feel that campaigning effectiveness has been compromised by 'maladministration,' that is, by a fault in the way the authority has done something or through any omissions or oversight by the authority, for example when taking planning decisions.

http://planninghelp.cpre.org.uk/imp...to-your-mp-and-the-local-government-ombudsman

 

[Nakajo]

I suspect (but don't know) that under an arrangement where no amount of representations triggers referral to committee, local councillors are more amenable to being lobbied in such matters - specifically, to request that the decision be referred to committee. However, were the decision to go to committee at the request of a given councillor, I imagine that that councillor would consider it a conflict of interest to then vote on that committee.

 

[napoleondynamite]

Some Councils do have a scheme of delegation where all householder applications are dealt with under delegated powers. Regardless of the number of neighbour letter received.

There is often confusion as to which form should be submitted. E.g. if the property is a flat / a block of flats, should a householder form or a full planning form be submitted?



Back to the original question- In my area there was a property which had a (householder) permission for a remodelling of an existing dwelling. The developer demolished the whole house, this made the front page of the local paper, and subsequently the Council required the developer to submit a new full application for the erection of a replacement dwelling. That one was pretty clear cut.

If they had left some of the building remaining and incorporated that into the re-build the Council would have had to make a judgement as to whether they could carry out their remodelling (householder) permission of whether they would have to apply for anew full permission.

 

[^woody^]

Was this remodeling in America?

 

[Guy Paremain]

I suspect (but don't know) that under an arrangement where no amount of representations triggers referral to committee, local councillors are more amenable to being lobbied in such matters - specifically, to request that the decision be referred to committee. However, were the decision to go to committee at the request of a given councillor, I imagine that that councillor would consider it a conflict of interest to then vote on that committee.

I would have lobbied the local councillor but the planning officer that did the site visit said that the number of representations received would prompt referral to committee.....his boss felt that different rules applied and granted permission!! Game over.

 

[Guy Paremain]

Some Councils do have a scheme of delegation where all householder applications are dealt with under delegated powers. Regardless of the number of neighbour letter received.

There is often confusion as to which form should be submitted. E.g. if the property is a flat / a block of flats, should a householder form or a full planning form be submitted?



Back to the original question- In my area there was a property which had a (householder) permission for a remodelling of an existing dwelling. The developer demolished the whole house, this made the front page of the local paper, and subsequently the Council required the developer to submit a new full application for the erection of a replacement dwelling. That one was pretty clear cut.

If they had left some of the building remaining and incorporated that into the re-build the Council would have had to make a judgement as to whether they could carry out their remodelling (householder) permission of whether they would have to apply for anew full permission.

Thanks, really helpful reply. If my neighbours were required to reapply for full permission the officer would not be able to act independently, the committee would need to debate the plans.