SAR To Planning Authority?

[JULI99]

Would there be any merit in sending my local Planning Authority a Subject Access Request on my house.

 

I have had several developers wanting to buy my house who have told me that on discussion with the planning authority, I personally as an individual will not get any plans passed, but because they are developers the local authority will pass the plans they have shown them.

 

In the local area only one individual has had any plans passed and that took 6 years of trying.

 

As an example. When my next door neighbours house was put up for sale 3 years ago, I enquired about putting on a possible extension at the rear of it but was told by the local planners that because of the position of my living room window any extension on the neighbouring property would be out of the question as it would block my right to light.

The house was eventually sold to a developer who got planning permission to build across my living room window despite my objection.

 

At the current time I have 3 development companies offering to purchase my house. All have come up with the same figure, all have spoken to a planning officer who has approved of the plans they have put forward and all have said the planning authority have told them that I would not get any plans passed I might put forward.

 

I was wondering if under a subject access request I could find out what has gone on.

 

Thanks for any replys

[patdavies]

Ar the moment, what you have is hearsay - and I'm tempted to say nonsensical hearsay.

 

Planning decision should be made solely on the merits of the provided plans; who presents them is immaterial.

 

I suspect that you are being spun a line by the developers. Certainly they should have more experience of the planning process (and what will/will not fly) but this shouldn't lock you out of the process.

 

I would write a polite but concerned letter to the senior planning officer and ask for his views on what you have been told. It may be worth involving your local ward member - offciers tend respond to them with more alacrity!

 

BTW, there is no right to light (as in a view/direct sunlight) - except in very limited circumstances.

[Michael Browne]

I was wondering if under a subject access request I could find out what has gone on.

Won't work. SAR would only produce any data about the subject (ie you) whereas you are asking for information about planning submissions on a property, which happens to be yours.

 

All have come up with the same figure, all have spoken to a planning officer who has approved of the plans they have put forward

They may have agreement in principle, but I very much doubt they have actually applied for or been granted permission. The purchase is likely only to be on condition of PP being granted

[JULI99]

My architect was also told I would not get planning permission on anything I put forward. As for nonsensical heresay please note one of the last guys I spoke to is now being investigated by the police and will be charged when a psychiatric report has been done on him.

 

I had several meetings with the senior planning officer who set out what he wanted to see on the site.

I relaid this to my architect who drew up plans accordingly.

Presented with the plans the senior planning officer denied he had ever said such a thing. In the end my architect thought it was me so insisted on coming to a meeting with the senior planning officer and another planning officer.

At the meeting another plan was agreed on. My architect went away made up the plans and submitted them. When he had not heard from them he rang them. Only to be told the senior planning officer denied ever having agreed to the plans in the first place. When my architect recounted the conversation to the planning officer she burst into tears and agreed it was a regular occurence that he would say something then deny all knowledge of it.

 

This is the same senior planning officer who asked me how I could afford to live in such an area when he had a long commute in each day.

 

Yes you do have a "right to light" from windows in your main rooms.

 

I do believe the developers have an agreement in principle. The way the conversation with each of them has gone I believe they have spent a fair amount of time and money on putting the plans together before even approaching me. The assumption that I will sell to them is breathtaking.

 

There are a number of derelict houses around here where having exhausted the planning route the owners have abandoned the houses and would rather let them rot than let some developer take the profit.