can I reapply for PP to move the house?

[financially]

Hi,

sorry to be long winded but it's somewhat complex and I have 3 questions.
I applied for PP and got it but the council imposed a condition which moved the south aspect of the house to 10m from an adjacent house (my parents house). 2 of the neighbours had objected and both appealed to ABP. I suggested to ABP moving the house on the site which would suit all of us better. Before doing this I consulted the co co and they had no issue with that. Now ABP are looking for a site map showing the house in the location stated in the condition from the council and location of the water treatment system and seem to be ignoring my suggestion of moving the house. The only thing they seem to be concerned about is if the site can take a water treatment system but as we own the field the site can be extended to accomodate it.

Does the fact that they have not mentioned any other issues mean that if we can satisfy them around this one we are likely to be granted permission?

I am thinking of submitting 2 maps, one of where the council suggested to locate the house and the other where I would prefer it stating that it would suit myself and the neighbours better and that I had spoken with the council about it. Does this sound like a good idea?

Then if I get PP from them for the less desirable location, can I reapply to the co co for the new location?

It has been suggested to me that the easiest way forward is to talk to the neighbours about withdrawing their appeals and reapplying for the new location, but one of the neighbours is extremely hard to deal with and you couldn't trust him to not object again. So best to have PP and then there is no point to him objecting.

Thanks.....

 

[RKQ]

I am thinking of submitting 2 maps, one of where the council suggested to locate the house and the other where I would prefer it stating that it would suit myself and the neighbours better and that I had spoken with the council about it. Does this sound like a good idea?

Yes, thats fine.
Make sure you clearly indicate that the second map is your suggested design.

Then if I get PP from them for the less desirable location, can I reapply to the co co for the new location?

No.
You can apply but your Council will not overturn a ABP condition.
Look on this as your final opportunity to finalise your site layout plan.
I assume you are receiving professional advice.

Your neighbour has a democratic right to object if they feel your permission will have an adverse affect on them.
ABP deal with "planning law" only. If the objectors have ligitimate concerns then ABP will listen to them and decide based on planning law only.

 

[financially]

This seems unfair. The council have moved the house to a position on the site that I do not want. I am trying to build a low energy house and this would be blocking my southern aspect from full exposure to sun. And now if ABP ignore my suggestion to move it, suiting the objecting neighbours more also, I have to build a house where I never asked for it to be....

Dealing with these govn bodies is not easy....

So then maybe soudl I not submit a map of where the council suggested it be and continue with my suggested location?

 

[RKQ]

I suggest you get professional advice. It is difficult for me to advise correctly as I have not seen the drawings or letter from ABP.

ABP has full power to grant, refuse or grant with conditions. The Council's condition could be changed be ABP.

Please provide ABP with the full information they requested.
ABP will have received a full copy of the file from the Council, so ABP are fully aware of the Council's condition regarding revised house position.
You can add your alternative if you wish, once it is clearly marked as your alternative Site Plan and is accompanied by your argument for the revised house position - eco solar gain - based on planning law.

If you are not familiar with planning law then seek professional advice. You don't want to jeopardise your future on an amature submission. (I could represent myself in a Court of law but I'd be crazy to do it!)

On a positive note, its still all to play for. Submit the requested informtion and base all arguments on planning law. Good luck.

 

[financially]

Thanks. Am meeting the engineer this eve, so will go through it all with him and submit the 2 maps. fingers crossed...