Ecologists / Planners Incompetence to Planning Application Made If you want to know how your DIY projects could be affected by building and planning regulations, click here to post questions and view answers

[clum]

Hi all
Newby just wondering if anyone has experienced anything like the hassle i have and if so - is there anything to be done to prevent recurrence of events for others?!

Its like this: i made an application for planning on my garden in 2006 which was refused and little info was given as to why precisely, ever since i have been trying to get the planning. You might say give up! but the plan is for a new property on the garden of my in village home and a rebuild of the bungalow i live in. I have (finally) got the new dwelling planning granted - hoorah! but the replacement dwelling is now proving difficult as goal posts keep moving.

The garden plot application included surveys for bats, dormice, sac pollution prevention mitigation scheme,, dormouse mitigation scheme, bat mitigation scheme..... <long list here!>
The garden and house are obviously near to each other - 15 yards apart or so.The planners (or their ecologists) are now requesting new surveys for the house demolition regarding bats.... i have had two surveys done for bats, but as a direct result of the planners and ecologists missing their own deadlines and being obstructive the initial survey has expired.
They also stated they wanted new surveys for hedgerow moving.... (+eps mitigation) AND specific info on dormice in survey form, we have just been given permission for this with the plot so i am at a loss as to why the new replacement house application needs further info with at! what's changed!?!
They also want renewed sac mitigation scheme, again only passed with the plot consent months ago....!

Can i make them cover costs for the new bat survey to make a point, even if retrospectively?

There time wasting, bad advice, delay tactics, contradictory statements and general incompetence have cost me and others in the area a good deal of hard earned money. Are there any comebacks for this sort of behavior for such public sector cowboys? in the private sector like a lot of us they would have all been fired an age ago!

To illustrate it's not individual angst driving this....... I know one chap who applied for a wing turbine consent in the same LPA area - it was granted, planners later revoked the planning after he had spent lots(?) of thousands preparing/building. He now may have to sell his home to pay debts as a direct result of the withdrawal. This withdrawal was a direct result of planners and ecologists not sticking to the rules and winging it to establish requirements/needs for the consent to be granted. So the planning given was not worth the paper it was printed on.

This local planning authority is incompetent, outside their own guidelines perpetually and generally not providing the service they are established to on any level. Its easier to get permission on the adjacent national park which is supposed to be more restrictive, not less..... Sigh!

This also generally speaking the opinion of the planning consultant that i have had to engage to assist with the application.

Thoughts or similar experiences anyone......?

[welsh brickie]

I am assuming your on or very near a conservation area? you will need to arrange a date with all the concerned parties and the planning officer to discuss their concerns and guidelines, you will not be reimbursed for the cost but you may be able to present the reports to satisfy the party concerned.

[clum]

That is the joke in all this - Yes - i am close to A conservation area, but it is a "village conservation area", not an environmental one with no reference to wildlife in its wording;

In order to protect the buildings and heritage the ancient core of the village was designated a "Conservation Area" in 1983.

So no; i am not on the edge of an environmental conservation area. If i could get hold of the conservation officer it would be a start!

I have just gone through requests for info again and last years are almost identical to this years requests for bat, mouse, sac, and eps reports, despite having been granted one consent, they want me to do it all again. As all delays were directly attributable to the authority i dont see why should i be made to pay for their tardiness?

One example - The application form asked for the "change in number of dwellings as a result of this application"; the authority spent eight weeks delaying, stating our application was wrong and refused to accept that demolition of one house, (-1 dwelling) and the construction of a replacement house, (+1 dwelling) equated to zero change in dwellings as a result of the application. (+1-1=?)
There are several instances of them offering advice that would have directly resulted in refusal based on their guidance, each had to be argued straight and they conceded on several points including this one. They are simply giving bad advice and slamming applicants because their submissions are based upon it! If we had put anything other than no change in dwelling numbers it would have been incorrect and so refused. They have accepted this format of numbers relating to changes for years, now it is wrong, but no new method was explained or referenced!
The employed planning consultant was at a loss at this point [among other points that threw him] - in 15 years he has not had a refusal.

What can you do against an authority that doesn't have a clue how the system works itself!?! i realise i will get nothing financial out of them, but this needs to stop.

[welsh brickie]

have come across this type of problem before, not as complex though
letters don't work with these people, you have to hunt them down and virtually drag them to a meeting, your not the first to encounter red tape nor will you be the last.

[clum]

I may have pushed them into something of a logic corner of their own making yesterday. They have accepted a survey for bats that says NO ROOSTS & No need for more surveys, yet they are asking for more surveys, so accepting that as valid and asking for more is a contradiction.... among other points!

not holding my breath!

Agreed - a meeting is the way forward and constant pressure around it i feel.

[welsh brickie]

well good luck my friend, would like to know the outcome anyway