Planning and Further Information - Do they have to give reasons ?

[deadl0ck]

HI,
I received a further information request for a planning application I have submitted.
The want new house plans with things like removal of bay windows, and a change to the size of the house.

These were as bullet point in the FI request.

I thought they had to give valid reasons as to why they would want these things ? Or am I wrong - can they just demand things to be done without giving reasons ?

Thanks !

 

[extopia]

Well, I haven't seen your design, but they sound like reasonable requests - and it sounds like the Council is disposed towards approving the plans once modified. I don't think they have to give specific reasons for this, as they have not yet made a decision. But if it was me, I'd try to talk to the planner to get some sense of what the problems might be. Could be, for example, that your design is considered to be pastiche, and may not meet suggested good design guidelines. Many Councils publish such guidelines.

 

[need2build]

"have to" is a bit too binding for county councils - they like to generally make up their own "rules" using the planning legislation as a guide.

Usually in the further info request they will give reference to something in the local development plan, eg if in paragraph 4 of the plan it says "bay windows are to be avoided/encouraged" they will use a FI request to give you the chance to put in or drop bay windows "to show how the application can satisfy para 4 of the local development plan".

Better they do this than refuse the application but it does drag out the process.

As far as "have to" goes they would argue it is up to the applicant or their agent to satisfy themselves as to the content of the local development plan.
M

 

[nutty nut]

"have to" is a bit too binding for county councils - they like to generally make up their own "rules" using the planning legislation as a guide.

Usually in the further info request they will give reference to something in the local development plan, eg if in paragraph 4 of the plan it says "bay windows are to be avoided/encouraged" they will use a FI request to give you the chance to put in or drop bay windows "to show how the application can satisfy para 4 of the local development plan".

Better they do this than refuse the application but it does drag out the process.

As far as "have to" goes they would argue it is up to the applicant or their agent to satisfy themselves as to the content of the local development plan.
M

That about sums it up. A good reply need2build.

@ OP. If you were asked to submit a site assessment then you would know that they weren't happy with the sewage treatment system proposed even though they dont say so in the FI. If you were asked to submit further details including vertical section to show how vision lines can be achieved then, again, you would know that they are not entirely convinced about the location of the entrance. As you have been asked to submit revised plans it is quite logical to assume that they considered your original plan to be inconsistent with design policies.

Your architect/agent should be able to explain this to you or a quick phone call to the planner will get you an answer. Most councils now have their Development Plan available online so you could have a look at this and you will see their policies in relation to siting and design.