fbpx

Council Must Consider Planning Application

8th January 2018 By Arman Khosravi

People who seek advantage by going beyond the bounds of planning permission they are given can expect to be taught a very expensive lesson by the courts. However, the law does guarantee the right of a person to have a planning application considered, as was illustrated by a recent case involving the submission of a revised planning application after a flagrant breach of the terms of an earlier application.

The council had granted planning permission for a property that was to be used for storing vehicles, and a building was duly constructed of the same general outline…but for use as a dwelling house.

When it discovered the breach of planning permission, the council issued an enforcement notice requiring demolition of the building and clearance of the demolition site as well as the cessation of use of the building as a residential property.

The people who built the property appealed against the notice, using the rather novel argument that the building had been constructed in compliance with the planning permission but had subsequently changed its use to a residential property. However, the planning inspector rejected that argument and noted that the building as constructed was materially different from that for which planning permission had been granted.

Among other arguments deployed against the decision of the planning inspector was that demolition was a disproportionate response and that the building could be altered to comply with the planning permission.

The property owner then submitted two new planning applications, one for a building for storage of agricultural equipment and one for a holiday home.

The council refused to ‘determine’ the planning applications, concluding that their approval would mean that part of the structure previously ordered to be demolished would have to be retained and also that a revised application, if considered, would probably be refused. The requirement to consider a further planning application would, it argued, delay the council’s ability to enforce its earlier notice, involve it in further costs and ‘…could also be seen as an attempt to wear down opposition to an undesirable development with no real prospect of success, noting in particular that the proposal is essentially an attempt to retain a lower version of the same building’.

The property owner appealed in an attempt to force the council to consider the revised planning application for the storage building, arguing that the merits of the new planning application should be considered as it was significantly different and that the council’s approach was unreasonable and oppressive.

The judge commented that the legislation used by the council to justify its approach was aimed at a claimant ‘having multiple bites of the cherry’…but the effect in this instance would be that the property owner had none. In any planning application, ‘an individual can have their application determined once’.

The court therefore ruled that the revised application had to be considered.

Source: Concious

Latest News

Challenge to Will's Validity Rejected by High Court

12th April, 2024 By

The best way to ensure your assets will be distributed as you wish is to have your will professionally drafted by a qualified solicitor. In a recent case, a challenge to the validity of an elderly man's will was dismissed by the High Court. The man had previously made a will in 2011, leaving most of his estate equally to his three children. In 2018, by which time one of his sons had predeceased him, he made a further will, leaving the residue of his estate to his other son...

Defiance of Family Court Orders Will Always End Badly

10th April, 2024 By

Custodial sentences very rarely come into play in the family courts. Where there have been repeated breaches of court orders, however, judges may have little choice but to clamp down. This was illustrated in the High Court during committal proceedings that stemmed from a child custody dispute. The background to the case involved contested proceedings between the father and mother of a young child. These concluded with a court order establishing that the child – a daughter – would live with the mother. Three months later the daughter travelled with...

Claim for SDLT Relief on Annex Unsuccessful

8th April, 2024 By

When buying a property consisting of more than one residence, it may be possible to claim multiple dwellings relief (MDR) against Stamp Duty Land Tax (SDLT). However, there are certain conditions that must be met for an MDR claim to succeed, as a recent case illustrates. A property was purchased for £1.8 million. Prior to the purchase, the buyer had agreed with the seller that he would be allowed to carry out works to construct a self-contained annex at the property. The buyer's SDLT return included a claim for MDR...

Divorce – Alleged Bigamy Raised in Financial Remedies Dispute

5th April, 2024 By

The issue of bigamy and its potential impact on a person's ability to seek financial remedies in a divorce came under the legal spotlight recently. A husband made an application to strike out his wife's financial remedies claim on the basis that she had committed bigamy and deceived him into a marriage when she knew she was not free to marry. This deceit, he claimed, was so egregious that, as a matter of public policy, she should be debarred from pursuing any claim for financial remedies against him. The husband based...