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- 27 Jun 2020
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I hope you're all well. Some may remember this issue from a few months back. I thought I'd post a fresh thread as it's been a few months. So to sum up the position so far.. I submitted an application for single garage on 10th July 2020. The application was accepted and I was expecting an answer early September. The planning officer contacted me to say she/they are happy with the dimensions and appearance of the proposal and she had recommended it for approval. The only issue being, that she had overlooked notifying the highways department, but phrased this as a technicality. She asked me to extend the deadline for 5 weeks. Around 6 weeks later she contacted me to say there had been an objection raised with the highways department, she basically couldn’t really explain what the issue was but spoke about some general concerns such as if anyone else was to block the entrance to the garage.. I told her this was not a concern to me and she asked me to confirm everything I’d discussed with her in an email so she could discuss with her manager. At the time she did say if the building was for storage or another use besides a garage then they’d have no issue with it. I’ve not heard back since, I’ve tried to call her a couple of times without success. It’s now over 7 months since I applied.
Fast forward to today, I’ve received a one-liner email which says “as the application has now expired – please confirm you wish to withdraw the application.” Which to me seems ridiculous. She did say on the initial call that “they try to work with people to overcome any issues” and from what I’ve read that’s what I thought they should do.
It would seem that the issue is with the Highway’s objection, however I’ve no idea how there could possibly be any objection from the Highway department. Basically my house shares a driveway with 2 other houses, this is a private strip of land owned and maintained by the three houses. It’s already established and designated as a driveway. This strip of land is around 25 meters long. The garage will be positioned at the furthest end away from the adjoining road. The area the garage will be built is used as parking and is shown on the deeds as such, therefore I’ve no idea how this could be of any concern to the Highways department..
I’m now looking for advice on how best to play this. The way I see my options are as below. I’d like to know if I understand my options correctly or of course if there maybe any other suggestions.
Option 1 – Appeal to secretary of state due to non-determination within 8 weeks
Option 2 – Withdraw the application. This will keep the planners happy, improve their stats, save them work and make the headache disappear.. I’d get a free go with another application, however I’d still have no idea what the issue is (so another application would be pointless).
Option 3 – Don’t withdraw and let them issue a refusal notice. At least I’ll know what the issue is, and from what I can see I’d still get a free go? Or the chance to appeal.
Option 4 – Ask them to send it to committee for decision?
I’ve also found that I should now be entitled to a fee refund as it’s gone over 6 months, although it seems I won’t get this if I appeal, which seems crazy to me. Am I right to think I’d still get a free go if I get a refund, I can’t see why not as the purpose of the refund is to encourage them to handle things on time.
Fast forward to today, I’ve received a one-liner email which says “as the application has now expired – please confirm you wish to withdraw the application.” Which to me seems ridiculous. She did say on the initial call that “they try to work with people to overcome any issues” and from what I’ve read that’s what I thought they should do.
It would seem that the issue is with the Highway’s objection, however I’ve no idea how there could possibly be any objection from the Highway department. Basically my house shares a driveway with 2 other houses, this is a private strip of land owned and maintained by the three houses. It’s already established and designated as a driveway. This strip of land is around 25 meters long. The garage will be positioned at the furthest end away from the adjoining road. The area the garage will be built is used as parking and is shown on the deeds as such, therefore I’ve no idea how this could be of any concern to the Highways department..
I’m now looking for advice on how best to play this. The way I see my options are as below. I’d like to know if I understand my options correctly or of course if there maybe any other suggestions.
Option 1 – Appeal to secretary of state due to non-determination within 8 weeks
Option 2 – Withdraw the application. This will keep the planners happy, improve their stats, save them work and make the headache disappear.. I’d get a free go with another application, however I’d still have no idea what the issue is (so another application would be pointless).
Option 3 – Don’t withdraw and let them issue a refusal notice. At least I’ll know what the issue is, and from what I can see I’d still get a free go? Or the chance to appeal.
Option 4 – Ask them to send it to committee for decision?
I’ve also found that I should now be entitled to a fee refund as it’s gone over 6 months, although it seems I won’t get this if I appeal, which seems crazy to me. Am I right to think I’d still get a free go if I get a refund, I can’t see why not as the purpose of the refund is to encourage them to handle things on time.