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Planning Application Bias

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DontIhaverights

Junior Member
From England.
Hello, I am desperately hoping for some advice. In December the neighbour behind us put in an application to build a two story extension on top of an existing converted single story garage (which would overlook us and another neighbour) but also to build a car port which would run the entire length of our only (little) garden right next to us. The car port would be larger than the entire ground floor of our house, 4 1/2 feet higher than our dividing fence and higher than our first floor extension and the wall less than 2 meters from our wall. This application was promptly withdrawn in January and we had peace until it was resubmitted in May with a tiny alteration to the width of the extension and nothing else.

Anyway we called up the local council to ask how to object but we were met by a barrage of verbal abuse and accusations and questions about a path on our property (that we did not see as relevant) from the person working in the council who's final decision it is. At this point my family and I felt that no matter what our objections were the woman who's decision it was was somehow biased. Regardless we put in strong objection letters as did our neighbour. 4 notified, 3 objecting. We also got in touch with a local councillor on the housing committee board who came to have a look and said he would help to fight our corner as the plans are ruinous to our home and garden and the car port could at least, be moved.

11 days after the date for objections closed on the council website it said the plans were given 'full permission' (bearing in mind it is normally 6 weeks before a meeting and usually all applications as far as I know, have a meeting). In the report the woman in charge did not acknowledge any of our points of objection and said that everything was approved and following housing procedure, even though we started we would be hemmed in, overlooked, have constant noise etc. Her boss also signed off on the approval. We telephoned her boss to leave a message but she returned our call the following day. When we asked why there had not been a council meeting she said that she had spoken to a councillor on the board and he had said there was no need for a meeting and the plans should be recommended for approval, we confirmed the name of the councillor as the one we had been in contact with and she acknowledged that it was. After getting off the telephone to her we called him and he said this was a complete lie, he had told her he wanted a committee meeting and wanted to attend and to raise points to amend the plans and to keep him informed in detail.

Now that it has been approved we do not know what rights we have, even if it was approved by a biased worker. My family and I had the strong feeling from the beginning that the decision was corrupt, that the woman making the decision was biased and it has been stated in the approval letter that she and the applicant have been in close constant contact since the application in December. We were certain that no matter what objections we raised the decision was going to be a favourable one as it already seemed approval had been promised to the applicant who began to prepare their garden before the closing date for objections. Do my family and neighbours and I have any rights if the council woman has been biased, paid off, has made a decision based on partiality or vested interest? Is there any way to get the decision annulled due to bias of practice or something that does not involve paying for court as we do not have any money at all to do so? Please help we are so desperate for legal advice and I really do not know if I have a legal leg to stand on.
 


Zigner

Senior Member, Non-Attorney
Sorry - this forum is for US law only.


From England.
Hello, I am desperately hoping for some advice. In December the neighbour behind us put in an application to build a two story extension on top of an existing converted single story garage (which would overlook us and another neighbour) but also to build a car port which would run the entire length of our only (little) garden right next to us. The car port would be larger than the entire ground floor of our house, 4 1/2 feet higher than our dividing fence and higher than our first floor extension and the wall less than 2 meters from our wall. This application was promptly withdrawn in January and we had peace until it was resubmitted in May with a tiny alteration to the width of the extension and nothing else.

Anyway we called up the local council to ask how to object but we were met by a barrage of verbal abuse and accusations and questions about a path on our property (that we did not see as relevant) from the person working in the council who's final decision it is. At this point my family and I felt that no matter what our objections were the woman who's decision it was was somehow biased. Regardless we put in strong objection letters as did our neighbour. 4 notified, 3 objecting. We also got in touch with a local councillor on the housing committee board who came to have a look and said he would help to fight our corner as the plans are ruinous to our home and garden and the car port could at least, be moved.

11 days after the date for objections closed on the council website it said the plans were given 'full permission' (bearing in mind it is normally 6 weeks before a meeting and usually all applications as far as I know, have a meeting). In the report the woman in charge did not acknowledge any of our points of objection and said that everything was approved and following housing procedure, even though we started we would be hemmed in, overlooked, have constant noise etc. Her boss also signed off on the approval. We telephoned her boss to leave a message but she returned our call the following day. When we asked why there had not been a council meeting she said that she had spoken to a councillor on the board and he had said there was no need for a meeting and the plans should be recommended for approval, we confirmed the name of the councillor as the one we had been in contact with and she acknowledged that it was. After getting off the telephone to her we called him and he said this was a complete lie, he had told her he wanted a committee meeting and wanted to attend and to raise points to amend the plans and to keep him informed in detail.

Now that it has been approved we do not know what rights we have, even if it was approved by a biased worker. My family and I had the strong feeling from the beginning that the decision was corrupt, that the woman making the decision was biased and it has been stated in the approval letter that she and the applicant have been in close constant contact since the application in December. We were certain that no matter what objections we raised the decision was going to be a favourable one as it already seemed approval had been promised to the applicant who began to prepare their garden before the closing date for objections. Do my family and neighbours and I have any rights if the council woman has been biased, paid off, has made a decision based on partiality or vested interest? Is there any way to get the decision annulled due to bias of practice or something that does not involve paying for court as we do not have any money at all to do so? Please help we are so desperate for legal advice and I really do not know if I have a legal leg to stand on.
 

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