ABP refusal

P

Pamcakes

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Just wondering..we were granted persmission from county council, but unfortunately there was a 3rd party appeal to APB. The inspector within ABP granted it, but the board over ruled. Trying to decide what to do next, can we re submit to County council.
 
I think you would have to consider the reasons why it was rejected and take on board these before resubmitting. Otherwise you end up going on the same merry go round again.
 
advise engage with / try to appease the particular concerns of the ‘third party objector ...

Also, set up a ‘pre planning’ meeting with council and your surveyor/ architect in advance of any new planning application...
 
We did engage with pre planning first time and followed all their instructions. The county council granted it. But yes maybe engage again in the pre planning ?
 
My opinion is that pre planning will be a waste of time here.
The council are obviously happy with the proposal.

You need to work around the ABP reasons for refusal.
If the third party is approachable, talk to them but most likely they will object and appeal again.

You need to redesign to meet their requirements while also highlighting how it complies with the local development plan.

Can you post up the ABP report or at least copy and paste the reasons for refusal.
 
Sorry for confusion. My two step suggestion stands

1/ engage with objector
2/ then revert to council and a ‘pre planning’ so the planner best can advise ... given particular circumstances.

Remember - with ABP decision on site - it’s a black mark for the future application.

Finally - You may still be in time to seek court ‘judicial review’ of the ABP decision ...
 
We have 8 weeks for the judicial review but my fear is the cost. Is it definitely a black mark if ABP refuse ?
The two reasons they refused were that the area is highlighted as a high risk of waste pollution area. And secondly the density of the area. My 3 siblings have already built and I would be the final in that field say. Am so disappointed as I feel we engaged in all the correct steps and designed the house to their guidelines.
 
Forget about Judicial Review. With the waste issue, what system were you proposing to use? A higher spec might solve that issue. With regard to density, perhaps look at the National Planning Framework which is encouraging greater density (albeit in towns). It seems odd to me that when presumably services have already been put in for your siblings what real difference it makes for one more house to be built.
Who is the third party? A neighbour or environmental group?
You probably need to find a specialist planning lawyer to prepare your next application.
 
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