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Fake planning application letters - legal/council help needed!

12 replies

FlaminGo5000 · 05/06/2024 20:56

Me and my neighbours are fighting a planning application (just outside Herefordshire) and have found that several published supporting letters claiming to be from the public are suspicious. We have now had an official search done on a sample of them and they are all confirmed to be fake occupants. Some of the addresses with fake names on the letters are even multiple properties which the deeds show are owned by the person who has submitted the planning application!

Despite sending the full report (and therefore proof) to our local council some weeks ago, they have not even acknowledged receipt of it. This includes all the Heads of departments.

Does anyone know if the council is legally obliged to pursue this, and if so, who do we report this to if they are all going to ignore the evidence? Why should it be ok that people have committed these unlawful acts when they have entered into an application process which relies on honesty and correct information? This also makes a mockery of all the genuine objection letters.

If anyone has legal knowledge of exactly what can be done, and who we need to get in touch with, please help!

OP posts:
lmjh · 05/06/2024 21:28

Bumping for you OP as Scotland here. But having watched the planning saga play out on clarksons farm are these things not town council meetings or parish council meetings?

Is there a local one you could contact?

Here it very much is the council but I know people have moved here and been thrown that it's not the parish council, which we don't have.

Howsoon23 · 05/06/2024 21:31

Local councillors would be a good place to start

MinervaMcGonagallsCat · 05/06/2024 21:32

It doesn't really matter.

It's voted on based on set criteria- not how many people like it or don't like it.

EllieQ · 05/06/2024 21:40

The planning application will be heard by your local planning authority, which is usually your city/ county council - generally whoever you pay your council tax to.

You need to contact your local councillor if you’re not getting a response from the council staff. I work in local government, and queries from councillors do get answered faster.

If you have a town council or parish council as well, they are usually consulted by the planning department on applications within their area, so It would be worth getting in touch with them to find out if they’re aware of the application and what their response would be.

Has the planning application actually been approved yet, or are these letters of support that were published before the application has been considered?

FlaminGo5000 · 05/06/2024 23:03

Just to clarify, our local councillors are fully aware but they are doing nothing and they're totally useless. The application is still being determined and it has dragged on for nearly a year now since it was submitted.

OP posts:
Seeline · 06/06/2024 08:26

I would write to the Council Chief Executive asking for a response to your original letter.
Normally I would say contact the local MP but technically they aren't your local MP at the moment.....

I suppose it's a matter of fraud, so wonder whether it's actually a police matter?

Anyway, the application will be determined with regard to national and local planning policy. Local residents are consulted as they often bring matters to the attention of the Council that they might not otherwise be aware of. The number of letters received either way makes no difference to the outcome.

Sameoldshitdifferentname · 06/06/2024 08:47

If there’s been sufficient opposition then the application should be taken to planning committee. I would expect the officer report to take into account what you have submitted about the misrepresentations and for members to be advised about the according amount of weight to be given to these representations. Unfortunately it’s fairly common for spurious letters of “support” to be submitted, but they won’t have any impact on the weight given to objections so long as the objections are on valid planning grounds. You should be able to register to speak at the planning committee meeting where you could raise your concerns in person and ensure members are clear about it and give the correct amount of weight to the representations.

Beamur · 06/06/2024 08:51

MinervaMcGonagallsCat · 05/06/2024 21:32

It doesn't really matter.

It's voted on based on set criteria- not how many people like it or don't like it.

You've sent in your evidence and they will look at it. I would imagine it's extremely unlikely that the Council will pursue any kind of punitive action against people sending in nonsense letters of support. It wouldn't affect the decision either way.
Planners can disregard objections and letters of support.
Don't waste your time and energy..

hattie43 · 06/06/2024 08:57

Surely it can't be legal to send fraudulent letters to a governing body attempting

maudelovesharold · 06/06/2024 09:18

Of course it’s dishonest, but as others have said, the number of letters for or against an application won’t hold any sway in the decision process. That’s based on planning law not popularity. Any points made in support of the application in ‘fake’ letters are, in effect, being made by the applicant, which he is entitled to do. If there is even one sole objection on grounds which are considered material to the decision, then the fact that there is only one objection won’t disadvantage it. There could be dozens of letters in support, but unless they make points material to the decision, they won’t be taken into account.

MinervaMcGonagallsCat · 06/06/2024 09:54

Would add that councils are used to many furious responses about planning applications. Writing to all and sundry won't make any difference.

Focus your efforts on how the application breaches planning regulations as that is what the decisions will be based on. Nothing else.

maudelovesharold · 06/06/2024 10:23

Focus your efforts on how the application breaches planning regulations as that is what the decisions will be based on. Nothing else.

Absolutely. If the application is approved, rest assured it won’t have anything at all to do with the support letters, ‘fake’ or otherwise.

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