Planning Refusal

toms35

Planning Refusal
I recently applied for planning permission for a single dwelling after a rigorous process which included a lot of legal wrangling and pre-planning. Within the pre-planning, certain issues were flagged, which were thoroughly addressed in the application. I was born and raised in the area, have lived there for over 30 years, and I am the son of the (at the time) the registered landowner (I have since taken ownnership of the land).

My application was refused on 3 issues -

1 An environmental issue regarding wastewater that was not initially flagged in any pre-
planning meeting - it was claimed the application was lacking sufficient information on the
environmental impact - despite the fact that there was a comprehensive 30 page report
regarding the suitability of the land and the "excellent drainage".

2 I apparently did not prove genuine local need for housing in the area. (I provided 2
government issued documents proving my address, as well as utility bills).

3 I had initially wanted to clad the external facade of the house in timber. However I had
stipulated in my application letter that if this was grounds for refusal, I was amenable to the
standard concrete/plaster finish.

To say I am flabbergasted is an understatement.

Given the nature of the reasons for refusal, and how they were presented to me, I am left with the feeling that my application was not even properly considered before being refused. Has anyone else had any similar experience in applying for planning? If so, does anyone know what my options are here?

I'm aware of the appeals process, but I don't know what I need to do to amend the application to get it over the line

sydthebeat

toms35 wrote: »

1 An environmental issue regarding wastewater that was not initially flagged in any pre-
planning meeting - it was claimed the application was lacking sufficient information on the
environmental impact - despite the fact that there was a comprehensive 30 page report
regarding the suitability of the land and the "excellent drainage".

2 I apparently did not prove genuine local need for housing in the area. (I provided 2
government issued documents proving my address, as well as utility bills).

1. this is a major issue and can only come from the fact the percolation tests wernt favourable. Was there a high water table? was the percolation slow or fast? This couldnt be flagged at pre planning as its unlikely the planner would have had that full report to hand. what EXACTLY is the issue with the report? your agent should be able to spell this out for you.

2. different councils have different levels of information they require in order to prove "local need". In most cases just proving your address is no where near enough. Again, your agent should be able to spell out for you exactly what information is required. Some councils actually have a detailed prescribed list of the documentation required. for example see here for teh extensive list of documenst that kildare co co require.

toms35

The site suitability test proved ideal conditions for the gravity fed system proposed - the same system installed in a neighbouring dwelling built on an immediately adjoining site 7 years previously.

In terms of the local need suitability, there was a list of criteria to be met, every one of which i met and easily surpassed - I was born in and have lived in the area my entire life, it is my current place of residence, I am a son of the (at the time) landowner.

sydthebeat

If you want to pm me the ref and county I'll take a look

Angry bird

The second refusal sounds like it needs more info but doable. The first one could be any number of things. Whether via your agent or a councillor, you will need feedback from the Council to iron out exactly what the concern is.

sydthebeat

ok ive had a look at this for tom and the issues are clear

firstly, while the proposed site is over 1.12 acres, there is an existing dwelling to the south east and this existing site is being reduced to a size that is simply too small (approx 0.15 acres by my guesstimate).
This existing dwelling is provided with a septic tank which is on another site (not connected to the existing dwellings site), and the pipe serving this septic tank will traverse the proposed site. Environment have not accepted this arrangement. Environment have also raised the issue of proliferation of septic tanks in the area. I count possibly 10 existing systems within a 250m radius.

second issue is the lack of documentation to prove rural needs. The applicant has included 3 documents to prove current address, but nothing to establish a long term connection to the area. The planning office has deemed the information submitted as insufficient to show local need.

in my opinion....

the second issue first. The applicant needs to get letters to prove his long standing connection with the area. Letters from schools attended, letter from the parish priest establishing the family's connection, letters from sports clubs or other clubs showing participation in the rural area. The solicitors letter on file outlining the land transfer from parent to applicant is sufficient.
also, applicant should clearly state that they dont currently own a house. Question A1 on teh application form wasnt answered.

first issue.
This needs redesigning. The way leave arrangement is not acceptable, nor should be. The pipe to the existing septic tank already passed under someones elses entrance, so this would constitute 2 wayleaves over it.
my opinion is that the proposed site and existing site should be divided up evenly so that at a minimum the existing site is left with the minimum site area as required in the county development plan. Trying to claim that an area 50 meters away from a site is part of the same site doesnt wash. The existing dwelling needs a new septic tank system on the same site as the existing dwelling. so off the top of my head both sites should be approx 0.6 acres each. both sites border 2 roads so road frontage is not an issue.
Therefore i would use the argument against the "proliferation of septic tanks" that 1, the applicant is upgrading the existing dwellings system, and 2, this is the only family landholding that can be applied on.

Rylan

Wow. Some thorough and well researched advice there