Parish Council powers

[stevek54]

Hello

I have applied for planning permission to put a small extension on the front of my house. As is normal the parish council are consulted by the district council planners. My neighbour has challenged the accuracy of the site plan (which is the ordnance survey map). The parish council has ruled that the accuracy of the plan needs clarifying and then referred back to the public consultation. I have several questions.

1) What powers do the parish council have to insist on the consultation period starting again?

2) Can the district planner overrule the parish council?

I believe the challenge is a deliberate attempt to delay the extension and this route has been chosen as there are no other reasons why the plans would be refused - given that they appear to comply with planning regulations and the local plan.

 

[robduncanplanning]

The Parish Council has no power to insist on the consultation period starting again, only the District Council. The case officer will receive the Parish Council's response and if their concerns are valid they may well act on it and request amendments or clarification. Then again they may not - it is their discretion.

Regards

Rob Duncan

 

[stevek54]

Following on from my earlier question above what are the requirements (legal or policy) that govern the submission of a site plan with a planning application? From what I have seen from plans I've viewed on line almost all domestic applicants use an ordnance survey map which they obtain by license from OS or some other such organisation architects and builders subscribe to.

Therefore if there is a challenge that a site plan obtained through that method, which all planning applicants seem seem to use, may not be accurate whose responsibility is it to prove it's accuracy? Is it the objector, the developer or the supplier of the OS map?

 

[jeds]

It's your responsibility to provide an accurate plan Steve. My advice is compare the OS plan with your Land registry plan. If it looks right that should be sufficient for the planner.

Decision notices always include a note to the effect that the planning consent should not be contrued as granting rights to carry out works on land that is not within the ownership of the applicant. In other words they don't get involved in boundary disputes.

 

[^woody^]

... whose responsibility is it to prove it's accuracy?

It is no-ones responsibility to prove the accuracy of the location plan, but there is an onus on the applicant (or their agent) to submit accurate plans.

The two are very different

It could be implied that anyone objecting would be responsible to prove its inaccuracy as part of their objection, as otherwise the plans will be assumed accurate unless there is a glaringly obvious error

The planning decision and approval notice is based on the plans and details submitted, and so if the development is subsequently found to not conform the the plans, or not conform the the real world site details then the development could be deemed in breach of the permission

 

[TicklyT]

A flat map can never be accurate to the Nth degree, as it's a 2 dimensional representation of a 3 dimensional space. Hills, valleys and even the curvature of the earth will all have some effect on accuracy, as will the width of the nib of the cartographer's pen, and the number of features he needs to represent.

However, a map should accurately represent the spatial relationship between landmarks, even if it can't accurately represent the exact distances between them.

Most maps or drawings include a 'disclaimer' indicating users should check dimensions on site instead of scaling directly from the drawings or maps.