HELP Councilors Planning misconduct ?

[luisdesign]

Okay, you have someone dealing with the appeal - but you now want to try to gather information and evidence that the councillors decision was "unreasonable".

You should try to go and see the file of your application, this should be a matter of public record, but may contain file notes and dates of conversations you may not be aware of.

You should try to gather information of other similar extensions in similar situations. Although this only has limited merit, it may help to question why this was refused whilst others (under the same rules) were not. It is important that they were built under the same rules and policies though so you may also want to find this out from the planning policy department or the website.

You could consider requesting information from the council under the freedom of information act. But it's difficult to know if you will actually be given anything of worth.

You should also try to speak with the planning officer, question him why he thought that the application was okay, but then ended up being refused. He may be tight lipped but it doesn't hurt to ask.

However, as you have a planning consultant already on board dealing with the appeal - they will be able to advise you much more accurately on this and may be able to put together the necessary information on your behalf. Speak to them about making a claim against the council.

 

[Peters1]

Yes i have now requested a freedom of information act request from the council, is that the same as the application file what they have there at the council to see?

also where our house is 4 doors away there a 3 houses made in to 1 which have all been extended to make a small community centre, the centre has been there for over 10 years.

i hardly have been on the rear side of our property but a few weeks back i went around the back and saw the centre extension comes back approx 5 meters and is also 2 storey, if you go back of the building and see from the line where the centre is our house is well in, i dont think the sub commitee saw this on the site visit.

i have asked the consultant to add this in to our appeal case.

 

[luisdesign]

The reasoning for a freedom of information act request is to see if there are any in house e-mails or notes that are not necessarily part of the public file.

 

[Peters1]

So is it best to go have a look at the public file or just wait for the freedom of information act to come?

 

[luisdesign]

I'd imagine that you should get everything that is in the public file anyway, but it can't hurt to go and see it.

 

[rjm2k]

Have you got hold of the committee meeting minutes yet, I see they are currently in the process of putting them online but haven't finished.

You haven't mentioned that it went to committee in the first place because you are related to a councilor yourself, is this not correct?

"The application is before the Sub Committee because the applicant is related
to Cllr M. H."

 

[Peters1]

the application was taken to the sub commitee via a different councilor yet had his name on it. Commitee miniutes what are they?

I have been today to see the public file for our application, it was mostly objection letters recieved and sent, but i did see that the councilors address was on the objection list, the same one who was present at the site visit and did all the damage before hand.

The same councilor had the cheek to come to our address with our relative councilor and tell us he had nothing to do with it, this is before the application went to sub commitee.

Most of the councilors in our area are labour hence they listen to each other.

Even the case officer mentioned to the architecht at the beginning of this "politics have come in now" as the councilor took the application to the top to get it refused.

 

[rjm2k]

Here's the relevant minutes (not very detailed and basically just what was in the final report, your FOI request may reveal more). If you hire a planning consultant I'm sure they will find all of this anyway. The declaration of interests mentions 4 people being involved, 2 of who left the room. Interestingly they don't mention the councilor M.H. who you know. Will be interesting to see how far you get, at the end of the day you did work without permission so the council will always get a bit silly regarding it.

Mr M. S. – Erection of single and two storey extensions
and dormer windows – xx xxxxx Street, xxxxx Town,
xxxxxxxx, xxxx xxx.

REFUSED (THE SUB COMMITTEE RESOLVED THAT ‘POOR
DESIGN’ ALSO BE INCLUDED WITHIN THE REASONS FOR
REFUSAL AND REQUESTED THAT THE SITE BE CHECKED
FOR ANY OTHER UNAUTHORISED DEVELOPMENT).

(1) The proposed extension by reason of its projection, scale,
siting and orientation would have a detrimental impact on the
amenities of the adjoining property in terms of loss of light,
overshadowing and overbearing impact contrary to policies D2
and BE14 of the Kirklees Unitary Development Plan.

(2) The proposed extension by reason of the projection,
fenestration and siting would have a detrimental impact on the
amenities of the property to the rear, xxx xxxxx Road in terms of potential overlooking and associated loss of privacy contrary to
policies D2 and BE14 of the Kirklees Unitary Development Plan.


Interests and Lobbying

Councillors AP and SP declared that they had been lobbied on,
and had involvement in, Application 2012/xxxxxx, and left the room during consideration of this item.

Councillors R. and CS. declared that they had also been lobbied
on Application 2012/xxxxxxx

 

[Peters1]

I have sent a request for the FOI, do you know how long that could take? M.H was there but is not part of the sub commitee, we definetly know there was 2 people involved, dont know anything about the other 2.

we have recently got to know a local house a few streets away had the same problem over shadowing and over bearing and they have now recieved approval of the appeal, i read the decision and the inspector did say due to the area our houses are in its a very popular area for home extensions, hence the house should blend in.

The appeal has been sent so i guess will be a waiting game now.

Lets hope the inspector says the same for us.