Planning Permission hard to object it?

[Joey66]

With that sort of attitude, and spelling, I expect you alienated the planning.

As I am used to dealing with people with a bad attitude I am still willing to give you some advice. In Northern Ireland we have a voluntary organisation called Community Technical Aid, they take on planning disputes on behalf of the public, I am sure England have a similar organisation, contact Citizens Advice and see if they can put you in contact. Explain what has happened, particularly as the Planning Authority was mislaid with wrong measurements. That is stone wall grounds for a Judical Review.
If the application was for an extension of a certain size and was constructed larger then report them to the council's enforcement section and keep on their case.

As a Senior Planner based mainly in planning enforcement I was going to suggest you send me the application number, details of the council and the as built details and I would have looked over it for you but given your somewhat curt reply I don 't feel I should.

Look I was upset , and the literature we sent in was gone over with my wife who re does my pigeon english- it was never personal on planning law we were lay persons we looked up everything we went to see the main plans twice measurements were missing, ten objections two bungalows gone up for sale since the planning application went in - we were so upset I had two local councilors batting for us one was two faced that was the upset,

I am sorry if my post sounded awful I apologise to you I had missed the meeting because of an urgent hospital appointment with the specialist - a good neighbour close by did a very good three minute speech - the application was sent out on the 22 of december when the council broke up for ten days single storey rear extension with a side extension and building alterations - on a already large two bedroom bungalow - nothing was put online till early January - the total works is 60% of the existing bungalow the side extension is on the boundary 1m angled to 0.2 metres - the rear extension says it subordinate, by 1.1 metre using the roof at the front not the back roof the rear extension is going to be attached to a drop of only 0.3 metres 6 metres x 6 metres x 5.2 metres long - approx 20 ft by 17 feet high for a loft for storage? where there is no measurement for the loft volume or the trap door leading from a new dormer alteration -
we disputed the report by the planning officer showing her distances form properties were incorrect the planning agent stated on his plans not every measurement has to be given use the scale - very hard when measurement other then cubic capacity are given!
Again sorry felt so low and hurt yesterday, we have to decide what to do, as it is making us ill, and I am not a well man.

 

[d34noj]

Legally it's a bit woolly as if the tree damages a neighbours property the liability falls to the owner of the tree. But the overhanging branches can be taken down by the neighbour. I'm sharing the cost of sorting out a huge ash that's my neighbours

Ahh mine is a huge Hazel tree, drops these catkins everywhere, drives me insane.

 

[DrEFC]

Don't be giving Kopites ideas in this thread re:wildlife and planning permission

 

[chrismpw]

Great crested newts are the ones mate.

Held up the Thelwall Viaduct for months.

Or a sudden *inexplicable * growth of Japanese knotweed on their site, will make the entire project very expensive as they have to excavate down to the mantle to eradicate it.

 

[Foot Long Hot Dog]

Import some strange wildlife, like a crested iguana moth beetle type thing and get it to nest on the site, then get a stay of execution..

If you haven't already look at old covenants or plans from way back to see if there is anything to appeal on like subsidence or an old stream, lot of properties where I used to live had planning knocked back because there had been a stream there in the past.

Fight the power bro

So it was you who brought in the water voles lol

 

[scratchnsurf]

Great crested newts are the ones mate.

Held up the Thelwall Viaduct for months.

Except that you need a license to even pick them up.

 

[COYBL25]

Except that you need a license to even pick them up.

That's true, but if they happen to be there already .......

 

[Joey66]

Ahh mine is a huge Hazel tree, drops these catkins everywhere, drives me insane.

Legally when I was in horticulture a basic tree had to be a minimum distance of 12 metres away from any property or drains to stop root damage { if you look at any tree /shrub - two thirds of its root system is underground to the top!}
only protect trees cannot be felled if they were there prior to the build -
any shrub or tree that comes over your boundary by law you can prune back to the border but not shorten the height - if it is not affecting your drains or house foundations, then it is hard to go legal unless its blocking out 50% light or the things listed above, as long as you or your neighbor tends to it correctly there is no case unless you have justification of it being a nuisance as listed above - negotiations with your neighbor is the best idea !
as for catkins dropping its a limited period only but still a sticky nuisance

 

[Caolam]

Again I will caveat anything I say with the fact the regulations may differ between here and England.

Certain trees are protected by Tree Preservation Orders, this is a statutory protection and if you knowingly and willfully damage a TPO tree you commit an offence. You can apply to do work to trees in a TPO and be granted permission. TPO protection doesn't extend to dead or dying trees. If you apply for planning permission and your development includes the removal of TPO trees it can be granted and the trees removed. The removal of the trees is material in the decision.
Trees can also be protected by a planning condition.
Trees in a Conservation Area are protected.
I have never heard of the 12 metre desperation distance between trees and buildings, if the roots of a tree damage your property it is a civil matter. There is a British Standard that states the crown spread of trees should be 6 m from a building but the is not a legal requirement.

I go back to my earlier advice, go to Citizens Advice and see if they can put you in touch with the English equivalent of Community Technical Aid and explain your issue to them. If the Planning Authority has been misled by the submission of wrong information or by information not being submitted and this information goes to the heart of the decision then that decision can be quashed. I my opinion giving wrong measurements or not giving measurements at all goes to the heart of the decision. You should also scrutinise the Planning Officer's report, if they didn't fully document all the effects the extension would have on your property then again the authority may well have not taken on board all the material consideration and again this would invalidate their decision.

Have to go to work now.

 

[Tramps_mate]

I had a word with a builder friend of mine, regularly deals with planning permission etc., told me it's her issue if it's overhanging her property, I'd go to citizens advice if I was you to double check mate

Yep, you are permitted to cut down any branches that over hang your property.

 

[Joey66]

Again I will caveat anything I say with the fact the regulations may differ between here and England.

Certain trees are protected by Tree Preservation Orders, this is a statutory protection and if you knowingly and willfully damage a TPO tree you commit an offence. You can apply to do work to trees in a TPO and be granted permission. TPO protection doesn't extend to dead or dying trees. If you apply for planning permission and your development includes the removal of TPO trees it can be granted and the trees removed. The removal of the trees is material in the decision.
Trees can also be protected by a planning condition.
Trees in a Conservation Area are protected.
I have never heard of the 12 metre desperation distance between trees and buildings, if the roots of a tree damage your property it is a civil matter. There is a British Standard that states the crown spread of trees should be 6 m from a building but the is not a legal requirement.

I go back to my earlier advice, go to Citizens Advice and see if they can put you in touch with the English equivalent of Community Technical Aid and explain your issue to them. If the Planning Authority has been misled by the submission of wrong information or by information not being submitted and this information goes to the heart of the decision then that decision can be quashed. I my opinion giving wrong measurements or not giving measurements at all goes to the heart of the decision. You should also scrutinise the Planning Officer's report, if they didn't fully document all the effects the extension would have on your property then again the authority may well have not taken on board all the material consideration and again this would invalidate their decision.

Have to go to work now.

I have a free trade Union solicitor telephoning me next tuesday for 30 minutes of advice over the measurements etc many thanks for all advice.