How to appeal planning refusal

[Spamchops]

Hello, after our application for outline planning was refused, we were advised that it costs nothing to appeal. Is there a method for appealing? Can we just write a letter with bullet points that argue against the councils reasons for refusing? Should we pay someone to do it for us if that was more likely to help?
The planning was for a bungalow on a plot of land at the bottom of the garden, 100 yards from a row of 8 council houses and adjacent to a bungalow. It lies along a road so services are present. Council said it is too far to walk anywhere (but the village has one shop, no pub and everyone has a car) and there was no need for it,, although it is a popular village. It's also right next to a golf course and fishing lakes. Sadly it is not actually within the village, which is another reason for refusal. We've never done any planning applications before and can't afford to bribe the council...

 

[Nakajo]

Can you provide the actual reason for refusal text

 

[Spamchops]

I can cut and paste it from the email.... not sure how they got away with building eight council houses next door then.

In planning policy terms the site is situated in the open countryside where, under the provisions of Policies SG4 and HS7 of the South Holland Local Plan 2006, applications for residential developments are only permitted where an essential local need is proven. In the opinion of the Local Planning Authority the applicant has failed to demonstrate that such a need exists for the proposed dwelling and the development is therefore contrary to these policies. Furthermore, the location is considered to be inherently unsustainable, given its relative isolation from services and facilities, and the resulting likelihood that future occupants would be solely reliant upon the use of private cars to access these. As such, the proposal is contrary to guidance contained in Section 6 of the National Planning Policy Framework 2012, which states that Local Planning Authorities should avoid new isolated homes in the countryside unless there are special circumstances, such as the essential need for a rural worker to live permanently at or near their place of work.

 

[freddiemercurystwin]

Does the proposal meet the Local Plan Guidance?

 

[Spamchops]

they say contrary to guidance in section six of something. However there are already houses in the vicinity of the plot, including council houses, there is a bungalow right next door, so something must have changed in their policies.

 

[freddiemercurystwin]

Policies change all the time. Just because something else is bad does not mean it should be copied.

 

[Spamchops]

well, we plan to appeal whatever, just need to know if there is a way to best set out our side of things.

 

[tony1851]

With an appeal on a house, you should really engage a planning conultant to give you the best chance, but they are not cheap.

 

[^woody^]

You get one chance at an appeal, so dont waste it with that you think should be put forward and sounds good.

You need to reference policy, and previous appeals amongst other things, and its not just a case of a few bullet points to counter the councils decision.

But first you need to actually know if there is anything to appeal on, and the merits of your application, so that you dont throw more money at a lost cause.

 

[charliegolf]

An exploratory meeting with a planning consultant (he or she having your refusal document in advance) should not be too pricey, but would provide you with his/her view on whether you have grounds; and whether you might pull it off.

 

[GeoffJ]

Sorry to jump in.
Regarding these early meetings with the planning consultant - It is clearly to the commercial advantage of the planning consultant to encourage the owner to appeal. They generate income and feed their children etc.

Would the schedule for professional fees normally be structured so that the owner gets a significant discount if the appeal fails? (or with equally validity it might be expressed as a success bonus)

 

[tony1851]

Excluding 'no-win-no-fee' personal injury claims, have you ever know solicitors or baristers not charge full fees if they loose a case
for a client?

If you submit a planning application to the council and it is refused, have you ever heard of them giving a discount on the fee?

 

[freddiemercurystwin]

The idea of no win no fee has long existed within the seedy world of planning applications but in fact whilst it may cost nothing if an application is rejected the fee payable if the application is successful is 150% of the normal fee or more.​

 

[jeds]

If the plot is within open countryside and not within any development zone you have no chance of approval. National rules state that only certain special buildings can be built in such circumstances and a house is definitely not one of them. I would have it checked if I were you because if the proposal is clearly not allowable, under any circumstances, and the council claim costs, the inspector will have no choice but to award them. It could easily cost you a few grand and possibly more.

 

[Nakajo]

John/jeds Have you ever actually heard of a Council claiming costs against a householder applicant? That's a new one on me.