Compensation from Council for non decision on planning?

Discussion in 'Tenant Farming, Subsidies, BPS & Legal Issues' started by wasted years, Dec 6, 2017.

  1. I have been awaiting a planning decision for a diversification project that had no objections .
    I was told by the officer that they were supposed to have made up their mind by the end of Oct, I rang yesterday to discover the officer is off sick.
    This delay is really putting massive financial pressure on me as we should have , and could have been up nd running by now, I've spent alot of momey but have nothing to show for it.
    I am expecting the decision to go my way and I am aware that there have been some internal wranglings within the council with regards to the app, but is there any future in rattling their cage legally?
     
  2. Chrisw

    Chrisw Member

    Location:
    Cornwall
    I think you will find that any progress and cost incurred before an application is decided is at the applicants risk. For example you start building a house, council comes and says stop until you have planning, if you carry on as you're sure you will get the permission, it's at your own risk. If permission is not granted, and it has to be removed, there's no come back against the council. Sorry.
     
  3. Still Farming

    Still Farming Member

    Location:
    Glamorgan Wales
    They do what they want !
     
  4. Chrisw

    Chrisw Member

    Location:
    Cornwall
    although you can't get compensation, you could ring the planning office, point out that they have exceeded the time frame allocated for determining the application, and unless it is resolved very quickly you will raise it with your MP, and also to the local government ombudsman. it may help to move things along, but it may also fall on deaf ears.
     
  5. Still Farming

    Still Farming Member

    Location:
    Glamorgan Wales
    Appeal route on non decision ?
     
    Sid likes this.
  6. I feel for you. I have an Application at present where a Determination should have been made 2nd September! Won't gp into details, but the failure is costing me circa £1100/month. I discussed methods to spark the Council, and was told that we can go to Court for a Determination, similar I gather to that of an Appeal. Cost?? A lot... :mad:

    We were confident that both Planning and Legal were happy, then the case was passed to some new Solicitor in late October who turned around and asked for a load more details.... all of which were in the original application or in the follow up info provided back in May! She has since sat on the case... Feckers!!! Not a professional amongst them!!
     
  7. Well the case officer has recommended the application be passed but it has to go before the committee now in the new year so I will lie low.
    We were supposed to be up and running by November , probably missing about 150k worth of income.
     
  8. I wish that the Planners could make up their bloody mind. They are afraid to go the Committee it appears!!The Officers get all arsey when the Elected bods don't go along with their grand ideas and schemes :banghead:
     
  9. Still Farming

    Still Farming Member

    Location:
    Glamorgan Wales
    Law to themselves ?
     
  10. Chrisw

    Chrisw Member

    Location:
    Cornwall
    Umless your application is classed as large (which would automatically go to committee, usually) if it's going to committee and the officer was minded to approve the application, it means your local member doesnt agree, and neither does the parish council so the county councillor has called it in to committee. I don't know if thats exactly how it works where you are, but thats how it works down here.
     
  11. Sid

    Sid Member

    Location:
    South Molton
    Council dragged their feet and asked for more and more info.
    Then it got called into commitee.
    Then to appeal and a general election.
    Before appeal could be determined it was taken to the ministers desk where it was sat on for months.
    By which time fits has made the project uneconomic.

    Its no wonder they work in government and not business!
     
  12. Chrisw

    Chrisw Member

    Location:
    Cornwall
    The only way a planning application ends up in committee is if the planning officer and ward member (county councillor) don't agree on outcome and councillor takes it to committee. For an application to get to the sec of state requires the intervention of your MP and enough concern about the application from the public to get the MP to act. Was your application a little controversial, by any chance??
     
  13. Sid

    Sid Member

    Location:
    South Molton
    Is any wind turbine not controversial? 50kw shouldn't have been.
    Planning appeal was upheld and recommend approval. Minister said was now against government policy.
    Was offered to take to high court. But fis meant it was uneconomc by that stage.
     
  14. Chrisw

    Chrisw Member

    Location:
    Cornwall
    Ahh!! I see. You can thank your MP for the sec of states intervention then! :(
     
  15. Sid

    Sid Member

    Location:
    South Molton
    When it was at appeal he showed up as a prospective candidate and never even introduced himself to me but stood with the objectors. I regularly remind him how he treated his constituant.
     
  16. Chrisw

    Chrisw Member

    Location:
    Cornwall
    There's a surprise, a ppc will always join a group which will network and increase their profile, regardless of whether the campaign is right or not, unfortunately.
     
  17. My MP did that to me as well, by upsetting me he lost 2 votes, by siding with the objectors he gained (maybe) many more votes.
     
  18. Sid

    Sid Member

    Location:
    South Molton
    Interesting the main objectors to the "visual monstrosity" have or are in the process of moving and their little group who formed to protect the heritage of the village have not even posted a single comment on the development opposite a listed building.
    Neither have the parish council.

    But back to the OP only way to het compensation is to goto appeal and its longwinded process.
     

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