Our back garden plot will take one or two family homes and meets all the requirements with regard to access, garden size, privacy and so on. However, after negotiating with planning for a year, during which time our architect bent over backwards to meet with the planners’ demands, the senior planning officer has indicated that he does not approve of tandem development.
Can it be turned down solely for this or should we press on and perhaps appeal?
The reality is that planners can readily refuse schemes they don’t like, and reasons such as “harmful to amenity” or “out of character” are sufficiently vague that they can cover a multitude of possibilities. However, the fact that over one third of all appeals succeed suggests that planners don’t always get it right. Speak to your local councillor if you can. Also, make it clear to the planning officer that you will go to appeal if refused and you could hint at favouring a hearing, where costs can be awarded against the council if it fails to produce adequate reasons for its decision. Suggesting that a refusal would be “unreasonable” is the key language to use, as it is “unreasonable behaviour” as defi ned in Government Circular 8/93, that gives rise to the possibility of costs. In practice you might prefer the quicker and generally cheaper written representations appeal route, where you can’t claim costs.