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- TPO was withdrawn so Appeal for 2nd application submitted in July. The Council have withdrawn their only reason for refusing 2nd Application in their Appeal Statement on the basis the tree was not valuable after all.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- TPO was withdrawn so Appeal for 2nd application submitted in July.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