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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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how do you stand if a council provide planning permission for

Resolved Question:

how do you stand if a council provide planning permission for a garage then say they made an error and say that the decision was wrong and should have been a refusal.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether they confirmed the approval in writing?

Customer:

yes. they sent this to the architect then they forwarded this to me.

Customer:

the architect has since had a email only.

Alex Watts :

Ok - so how long since the approval was the rejection communicated?

Customer:

no letter. to say that the letter and decision should have been a refusal and they will be sending another letter to confirm this

Customer:

24hours approx

Customer:

sorry the 2nd to last sentence got chopped in 2.

Alex Watts :

Sure.

Alex Watts :

Ok - well you may have what is called a legitimate expectation.

Customer:

yes

Alex Watts :

That is they made representations and you relied on them.

Alex Watts :

But usually the longer the change of decision the better as you could have argued you paid a builder, materials etc.

Alex Watts :

What you would need to do is write to the Chief Executive and make a formal complaint. That office will investigate the matter and report back to you.

Alex Watts :

If you are not happy with the response then you can complain to the Ombudsman. They are independent of the Council and can investigate your complaint for free. Their website is: www.lgo.org.uk

Customer:

to be honest i think they did make an error but the neighbour over the road has been keeping an eye on the council web site. when she saw the permission she called them to say must be wrong. she has been the cause of the objection as on the parish council !

Alex Watts :

Finally you can consider a Judicial Review. That is where a High Court Judge examines their decision to see whether it is legal and reasonable. The Judge can agree with their decision or remit it back for further consideration.

Alex Watts :

But you would need a Solicitor for this as there are procedures to follow and Court rules.

Alex Watts :

But these are the steps you should take.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

the architect said there is no way the council would have noticed the error. also the email from council to architect said...... it has been bought to our attention they we may have made an error.

Alex Watts :

Ok - but you have to take the steps above.

Customer:

problem is i phoned the builder that quoted the work and gave them the go ahead the night i got permission!

Alex Watts :

Ok - but you still need to take the above steps.

Alex Watts :

You are claiming a legitimate expectation

Alex Watts :

1) Chief Executive

Alex Watts :

2) Ombudsman

Alex Watts :

3) Judicial Review

Customer:

ok thanks. will start this monday.

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

no thats great thanks.

Customer:

thanks for your time.

Alex Watts :

Thank you too. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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