Took refused PP to Tribunal in 2003 - didn't realize this was final we could not apply again.

[Hilly Billy]

In 2003 - we thought the refusal for a building plot in our paddock was unfair as we had support of village, etc. We live in a conservation area. Anyway we decided to put our case, ourselves, to a Tribunal. Our neighbours have suggested we apply again - BUT - we have since been told that a Tribunal decision is final.

We are cross with ourselves that we appealed as the decision was even split and the planning officer had the casting vote. Well - you live and learn. Has anyone else had this experience? We were so naïve thinking after nearly 20 years we could have put it in again but it seems we cannot. So out of interest does anyone know if that means ALL future owners of our cottage could NOT apply?

 

[mattylad]

Can someone else apply for planning? they do not need to own the property to do so (funded by you)

 

[clifford1]

"We were so naïve thinking after nearly 20 years we could have put it in again but it seems we cannot. So out of interest does anyone know if that means ALL future owners of our cottage could NOT apply?"

That can't be true, surely? It would protect the site in perpetuity?
If true it would be a useful dodge for anyone wanting to protect a site from development - just apply for a scheme that is bound to fail, and then no one can ever develop it. You don't even have have to be the owner - anyone can apply for planning permission.

 

[Mottie]

What were the reasons for refusal - can they be addressed?

I know that when I applied for permission for two one-bed flats on some land we own, permission was refused as the local borough put a block on one-bed new builds and conversions as they had a policy of 'encouraging family living¡.

Having said that, they then allowed Barrats to build plenty of one-bed properties on the old West Ham football ground!

Money talks.

 

[Hilly Billy]

Thank you all for responding - food for thought from you all. Interestingly enough I went to bed last night thinking I will get out paperwork and read the reasons again. That bit of fight - I have always had - because what we have we have achieved on our own started to emerge again! (That is how I found this forum.)

I know at the time I was so cross to think the arguments we put forward against the ridiculous reasons it was turned down - naively - I thought a Tribunal would agree with us.

So we have just gone on with life and enjoying our cottage 40 plus years later. But now at the age we are, we thought, why not try this again - then we asked a local agent who said he asked one of the members of our Parish Council who said because we went to a Tribunal that means we cannot apply again.

Looks like I am going to be busy reading today but thank you all for your thoughts and basically echoing thoughts/questions we had after we were told this yesterday e.g. (a) our son said so if I now own cottage could I apply, (b) I said does this mean whoever own it in the future they cannot apply for planning?

So old paper work is coming out today .....

 

[^woody^]

Planning decisions run with the land in perpetuity and are final. You can't keep reapplying for the same scheme or something very similar.

The only possibility that comes to mind, is whether the local authority's local plan has changed significantly to change things based on planning need.

The viability of a new application will depend on the facts in terms of what was applied for and what exactly was refused - and why.

 

[Hilly Billy]

Thank you - having others to talk this through is so helpful.

 

[wessex101]

I think we need more explanation about this "planning tribunal"? Is this in England?

 

[Hilly Billy]

It was 'The Planning Inspectorate - Temple Quay House, Bristol.' - I will look at paperwork this evening.

 

[wessex101]

It was 'The Planning Inspectorate - Temple Quay House, Bristol.' - I will look at paperwork this evening.

It sounds to me like you are getting confused between the local authority planning committee who initially rejected the application and a subsequent failed planning appeal.

You probably need professional advice as you have fundamentally misunderstood how the system works and have probably not done yourself any favours.

A failed planning appeal does not mean you can never apply for permission again. You can apply as many times as you like but common sense would suggest unless you address the reasons for the original failed appeal or the local planning policy has changed you will just keep getting rejections and more failed appeals.

 

[jeds]

Quite, I have made planning applications and more than one appeal on the same property several times with no issue. Inspectors do have the power to prevent further applications but they normally only do so where so many applications and appeals have been made that it becomes a nuisance.

 

[Hilly Billy]

Thank you - I do appreciate what you are both just told me. We are now getting professional advice and our chat to a local 'agent' (a few days ago) as I said who subsequently went to see a member of our P.C., came back and told us we couldn't apply again. I was shocked and said surely that's not right and he said it was - because - the Councilor had everything there on his computer.

I have emailed the 'agent' who originally was employed by us to submit plans and asked for his comments on what I have been told. Hopefully I will get a reply today.

I have just found the Planning Appeal Form dated 2003 that I completed.

The bottom line is when 'funds' are not an issue, you employ professional people to do this. We did with the first application and when it was going through the process, and we watched how it worked, we felt that we could represent ourselves and with supporting evidence to have 'another go' so to speak.

I am not sure why we called it a Tribunal and I agree with what you say 'You probably need professional advice as you have fundamentally misunderstood how the system works and have probably not done yourself any favours.'

Will let you know what the original firm says when I get a reply.

 

[wessex101]

Thank you - I do appreciate what you are both just told me. We are now getting professional advice and our chat to a local 'agent' (a few days ago) as I said who subsequently went to see a member of our P.C., came back and told us we couldn't apply again. I was shocked and said surely that's not right and he said it was - because - the Councilor had everything there on his computer.

This is still ringing alarm bells. Who is this "agent" and why are they talking to a member of the "PC"? Is that planning committee or parish council? Clearly this "agent" does not understand how the planning system works or there has been a massive misunderstanding.

If the agent really is saying that they went to see this councillor who confirmed that you can never apply for planning permission again then they are clearly an incompetent idiot.

Who is this "agent"? All you need is a good local architect/architectural designer who should know the planning procedures and local planning policies without having to ask the local councillor. In fact asking the local councillor is probably the single most stupid thing I have ever heard, they are the last people you should be talking to.

 

[Hilly Billy]

Thank you for your helpful comments - as I said I have sent an email to the Planning Consultants/Architects that we originally used. I will let you know how it goes.