Sport and Politics

SCHC

SCHC

Well-Known Forumite
markpa12003 said:
The council should have information about the planning committee process on their website. It would be worth a read to see if their has been any wrongdoing. Whether an application goes to committee is based on the discretion of the council, however if the following applies (which it does in this case) it should go to committee:-

Major / controversial applications
Called in by a council member
Received a certain level on objection (some councils take any application to committee if it has received 1 objection, others 10, 20 etc)

An application does not need go to committee if it has been recommended for refusal, however by failing to take the application to committee it has denied the members to make a decision on the application. The committee have a power to reach a different decision.

I've got a nagging feeling that it wasn't taken to committee to de-politicise the process and, therefore, allow the council to defend the decision based on the professional opinion of an officer. I personally think their are no planning reasons to refuse the application and it was refused because of 'backroom' politics. Very dodgy.

By not taking the application to committee it limits the amount of mud and s*it that I think could be thrown at the council. By delegating the decision the council can simply say it wasn't our fault the officer refused the scheme.

This application stinks. It should have been approved.
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mud and shit...oh boy if the intention was to avoid that then...........
 
M

markpa12003

Well-Known Forumite
Sadly not cheap and it will largely depend on what Consel you choose. I'd opt for an inquiry. I'd guestimmate a 2 day inquiry with a decent barrister, with supporting consultants would cost in the region of £30 - 40k. If you go for costs and win your cost application you get all your fees reimbursed.

You can win an appeal and not get costs.
 
M

markpa12003

Well-Known Forumite
You can appeal for a lot less and employ the services of a planning solicitor. However you get what you pay for. A decent advocate could be the difference between being successful or unsuccessful.
 
M

markpa12003

Well-Known Forumite
There are also cheaper appeal processes; written representations or hearing. However I would not advise either of those options in this case.
 
P

PPPPPP

Well-Known Forumite
proactive said:
Ballpark, how much would an appeal cost?
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An appeal involving solicitors and barristers will undoubtedly cost thousands, but the first stage of Judicial Review is totally free. Google Letter Before Claim / Letter Before Action, or pre-application protocol letter. There's even a template to follow.
 
M

markpa12003

Well-Known Forumite
PPPPPP said:
An appeal involving solicitors and barristers will undoubtedly cost thousands, but the first stage of Judicial Review is totally free. Google Letter Before Claim / Letter Before Action, or pre-application protocol letter. There's even a template to follow.
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A judicial review can't overturn the decision. Surely overturning the decision is the priority?!
 
P

PPPPPP

Well-Known Forumite
markpa12003 said:
A judicial review can't overturn the decision. Surely overturning the decision is the priority?!
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Planning Judicial Review is all about quashing an unlawful decision. Why else would the Doxey people be taking action against the council about the rugby club permission?
 
M

markpa12003

Well-Known Forumite
A judicial review is something that is usually done by 3rd parties because they don't have a right of appeal.

SCHC as the applicant have a right of appeal. Challenging the decision on its planning reasons for refusal is a lot easier than the JR process.

SCHC appeal. Let others JR the decision.
 
P

PPPPPP

Well-Known Forumite
It does seem daft that an applicant can appeal to the Inspectorate against a refusal, while everyone else has to challenge a decision by risking potentially £35k on judicial review, but sending the council a pithy Letter Before Claim will get fast results and anyone affected can do it. Unfortunately, whatever the route and result, we (taxpayers) are always the losers.
 
J

james w

Well-Known Forumite
Petitions are ok but surely it is straightforward - to appeal or not to appeal?

I'd sign if I knew it would help an appeal.

And why start a petition on there and not on the council website because that way if you get enough names you can have it debated in public.
 
Rikki

Rikki

Well-Known Forumite
I'm unsure what the appeal plans are at the moment, But I assume the petition was started to run along side whatever other actions the club wish to take.

I can't find anything about a petition through the council making them debate it if you get enough support. It just says they may decide to do this that or the other. Which means they would choose to do nothing, as their actions have already proven they don't wish to discuss the decision publicly.
 
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proactive

proactive

Enjoying a drop of red.
james w said:
why start a petition on there and not on the council website because that way if you get enough names you can have it debated in public.
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That is not the case at all. The best you can hope for is that the petition will be looked at by an appropriate council official. That would be someone from the planning department. Do you seriously think they are going to take any action whatsoever to draw further attention to their decision?

A reasonable argument for not using the councils petitions site could be that this way the data is retained by a third party and the results less likely to be, er, lost or distorted or simply vanish into thin air.

Whatever the system used behind the petition, the choice is quite simple. If you are happy with the planning decision and potential loss of the hockey and cricket club, do nothing. If you think the decision unfair and damaging then sign. Simples.
 
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