Planning rejected after strange 6 months delay

Andy Hammerton · 10 Oct 2016

Hi - we had a planning application in with haringey to build across our side return and add a 3rd bedroom above the kitchen. The council weren't particularly enthusiastic about the bedroom but we discussed how we could go about it, modelled light angles to neighbours windows etc. By the end our planner visited the property and told us he was looking for an approval but needed to check with management as there was a dispute with a house further up the street where a developer knocked the house down and did a major re-build without any planning. He needed to know if there would be an impact from that (this was a conversation only so no record).

We got an email soon after to tell us the bedroom aspect of our planning would be rejected as it set an unwelcome precedent (happy to share full text). This was a real surprise and it appears they didn't want to approve it in case it complicated the separate case they had up the road. It then took another 5 or so months before the rejection actually came through and I noticed it only arrived once the retrospective appeal on the other house had been rejected. I challenged the planner on why our decision had been impacted and influenced by a separate case and he simply flat batted everything away. Suddenly he was given us a tough line and had clearly been instructed to do so.

We've pushed on with the ground floor under permitted development and have done the structure to support the bedroom with a view to appealing. I am concerned that I am in an unfamiliar and seemingly slightly murky world where the council can reference planning policy at their subjective convenience. Some advice on next steps would be greatly appreciated. I don't want this to become too long a post but would love some views on how I can inform myself on the best way forward, I'm very uncomfortable with how this has run and it seems that things are far from black and white. Some key considerations:

We live in a mid terrace in Haringey
Whilst there are no first floor bedroom extensions on our part (other than the one on the house subject to the council dispute) the backs of all houses and add on parts (lean tos etc) are a hotch potch all the way along
There are a number of varying first story extensions on the opposite side of the street and surrounding streets (the council told me rules changed 6 years ago so none could be taken as setting any sort of precedent? Again seems strange that in one swoop all precedents are wiped out)
There appear to be no significant concerns with light impact to neighbours due to the windows angles and the direction on the back of the house
Our planning was the maximum we wanted at 3m and in the end there was no offer to discuss a compromise to our plans
Our planning app had no objections
Our architect and builder were both very surprised it was rejected

The address is 29 warberry road and the house under dispute is 45 warberry road N22

Thanks! Andy

freddiemercurystwin · 10 Oct 2016

Did your proposals meet the guidelines written in the Local Plan and the other documentation, that is the guidance that your local authority use to determine planning applications.

^woody^ · 10 Oct 2016

Appeal. And use a better architect

Andy Hammerton · 11 Oct 2016

freddiemercurystwin said:
Did your proposals meet the guidelines written in the Local Plan and the other documentation, that is the guidance that your local authority use to determine planning applications.

Hi and thanks for the reply. What exactly is the Local Plan?

Andy Hammerton · 11 Oct 2016

^woody^ said:
Appeal. And use a better architect

Morning. I assume we can update the plans before appeal, we're not obliged to appeal on the application as the council had seen it?

Nakajo · 11 Oct 2016

Yes - within reason obviously.

wessex101 · 11 Oct 2016

I thought the appeal had to be based on the plans as submitted, it is an appeal after all not a re-submission.

freddiemercurystwin · 11 Oct 2016

Err yes the appeal is based on the rejected drawings not an amendment of them.

^woody^ · 11 Oct 2016

Andy Hammerton said:
What exactly is the Local Plan?

I would not do the appeal yourself. Just sayin'.

Andy Hammerton · 11 Oct 2016

^woody^ said:
I would not do the appeal yourself. Just sayin'.

You mean have it done professionally? There's a host of companies offering the service, hard to know who to trust...?

^woody^ · 11 Oct 2016

An appeal is based almost entirely on the Council's interpretation and application of the local planning policy (the Local Plan). And then there is some planning precedent to throw in for good measure.

So whoever does the appeal, needs to know about these things, and be able to construct an appeal based on why the council was wrong to reject the application, and how the application meets the local planning policy, and does not adversly impact the neighbours or public.

Firstly though, you need to know if the application was crap and has any chance of appeal. It's not just about your Architect being surprised that it was rejected (no surprise there). Did he actually design it in accordance with local policy, is your first question?

Andy Hammerton · 11 Oct 2016

OK that's useful, thanks. Makes a lot of sense

andymet87 · 11 Oct 2016

Andy Hammerton said:
You mean have it done professionally? There's a host of companies offering the service, hard to know who to trust...?

Find yourself a planning consultant to handle it for you if you're not sure what a Local Plan is. He/She would review your application and advise if an appeal has any chance of success before proceeding down that route.

Suggest you start your hunt for someone at https://www.rtpiconsultants.co.uk