Parish Council being complete arses over planning applications- any advice?

[SomersetBelle]

Really hoping someone can help point me in the right direction of decent (and accessible to a novice) planning law information - I need to swot up!

Our first application for a two storey extension to our ex-council property was turned down by the PC on the grounds of size, height, massing, location, windows and footprint (i.e. everything). The PC seem to have their claws into the District Planners (their words not mine) and our application was refused at delegated level.

This is despite several other properties in the immediate location (including two ex-authority of similar age and design) having sizeable extensions.

I am a novice when it comes to law, but I thought case law was built on precedent so I am confused as to why the PC and DC can object to our proposals.

I am in contact with our local Parish Councillor, and apart from not voting for him on the 5th May, I'd like to be a bit more clued up about planning law before our next conversation. Any ideas?

Many many thanks in advance.

Planning is not about precedent, there will be a bunch of local guidelines. Things like -you can't overlook the neighbours and you can't go too close to the proprty boundary.

Do you have an architect or planning consultant? They should be able to advise. For a big extension you must need someone to draw up professional plans and make sure everything complies with building regs. So I'd recommend getting their advice.

Thanks for your reply Parietal and for the advice. Yes, we have an architect who has drawn up the plans. Everything complies with building regs.

The PC has also objected to our second application. The architect submitted these after consultation with the District Council Planner, and the new plans addressed all the issues the PC objected to in the first application, but they are still not happy.

but it may still get permission. The pc are not responsible for the decision only to pass their comment on it.

I'm a Paris.h C.lerk and have many a time sent comments in about applications to the district - only to have them completely ignored and for them to do their own thing.

If you have consulted with the district and take their advice, it should hopefully get the permission you want.

Thanks Furball.

Furball's advice is spot-on - I used to be a parish councillor on the planing committee and we could only recommend anything, with the district council to follow it up.

The only other thing I could suggest, if your architect has consulted the planning officer, is to see if your district council has an opportunity for members of the public to speak on planning issues. If you have a compelling case, or feel you could make a more personal case, by turning up and supporting your application in person then give it a go :) Legally councillors have to act objectively but that doesn't mean they're immune from a bit of heartstring-tugging!

We have planning permission goign through at the moment. I'm not sure of your details but the basic rules are as follows (give or take):

Side extension must be no bigger than half of the original width and total extension no more than 50% of original footprint.

Upstairs extension must come in a metre from the boundary.

No overlooking side windows within about 20 metres (sorry to be vague)

Blank walls (without windows) should be about 14 metres from nearest habitable room of your neighbours

No building at 45 degree angle from centre of nearest habitable neighbouring window.

Ridge height of roof no higher than existing roof.

I'm sure someone will come and correct me on the finer details and it does vary between areas. Also there's nothing to say that precedents being set means anything. There were things built in the past that would never get PP now.

I wouldn't recommend trying to get it to planning committee so you can speak as it will be determined by councillors (though ward, rather than parish). If you can speak so can the parish council and rightly or wrongly, their opinion may carry more weight.

If you've convinced the planning officer you have a decent revised scheme in accordance with the advice you've been given you have a very good chance of an approval under delegated powers no matter whether the parish council have objected to this one or not.

Finally, there are no rules. There are guidelines set out in planning documents. Each case is determined on its own merits so what is ok for next door might not be ok for you and vice versa.

Thanks all, really very useful advice.

Our plans comply with all building regs and all the points sixtiesqueen outlined above, it just seems that the PC are anti any development of our site. Looking online at all recent applications it just seems so unfair - listed buildings granted extensions without the PC batting an eyelid and private housing stock extending their site by 200%. It's making me a bit paranoid!

Hopefully as MissMarjori says, the new plans will go through at delegated level. Otherwise we'll have to go to appeal, which may mean an appearance in front of the planning committee. I can't believe how much this has cost us already!

Really sorry that I was so derogatory about our PC in the title - especially as I've had answers from past PC members .

Thanks so much for all your advice - really appreciated.

I only ask because a lot of people assume that because next door has done this they will be able to but that is the reason why they can't.!!
Planners do not like 2 2storey side extensions next to each other because it creates what they call a 'terracing effect'
Secondly planeers take very little if any notice of what parish councils say.PCs have authority to cut grass and paint benches and that's about it.

sorry should have read
' is it a 2 storey side extension?
I only ask because a lot of people assume that because next door has done this they will be able to but that is the reason why they can't.!!
Planners do not like 2 2storey side extensions next to each other because it creates what they call a 'terracing effect'

If you're plans don't get approved at delegated level they will then go to the planning committee (which you would be entiteld to speak at). Only if they were refused there would you then have to go to appeal. Presuming the planning officers are recommending it for approval if the local councillors vote to refuse permission and it goes to appeal you'd have a very good chance of winning and gaining costs back from the council.

It's a ludicrous situation really, allowing untrained local councillors to overrule recommendations. Our councillors have a habit of going against officer recommendation which ends up costing the council a huge amount of money when these cases go to appeal.

Yes, it is a side extension wotnochocs. We are in a short terrace so next door cannot extend this way. Maybe being in a terrace is the issue.

Unfortunately our planners seem to take a lot of notice of the PC's viewpoint. However, I have spoken to our Parish Councillor, who regretted the latest PCs objection to our plans, saying he wasn't there 'to put a word in'. All sounds hopeful for the District Planners.

I agree tyler80. I really wonder where this PC are coming from. I'm tempted to stand for council to find out!

Thanks all for replies and useful advice. Decision will be made next week so fingers crossed!