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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11843
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Dear solicitors We have been asked to submit a change of use

Customer Question

Dear solicitors
We have been asked to submit a change of use application for our yoga studio from B1 to D2
We believe that the correct classification for our use is D1 as this is what research has she that most yoga studios have made an application for to carry out there business
The council is insisting that we are classified as D2 I'm spite us providing evidence of similar studios making application for D1 classification
Is there an appeal process we can apply to as we will have issues with D2 classification
In addition the person who has been actively opposing to our application is a resident who is the local councillor on the planning committee
We feel there is a conflict of interest issue and our application is possibly not being treated in an unbiased and independent way
Please can you advise.
Regards.
Mark Lancaster *********** **@******.***
Submitted: 1 year ago.
Category: Law
Expert:  chatham-chamber replied 1 year ago.

Hi,

You can appeal a planning decision to the planning inspectorate. In order to do so, the local authority first has to make a decision which has been refused.

You can find further details of the appeal process at the following link: https://www.gov.uk/appeal-planning

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 1 year ago.
Dear solicitor
I am aware that I can appeal against a decision but what I'm really asking is that I have put in an application for D1 and the council have change to D2 which I don't want to apply for and have presented evidence from other applications that D1 is sufficient
I need to know how can I change the planning department decision to accept D1 instead of D2 and am I in my legal rights to appeal against this.
Also the conflict of interest scenario with the councillor who is a resident and also on the planning committee
Thanks
Expert:  chatham-chamber replied 1 year ago.

Hi,

I do not believe you can change the council decision. The only way you can have this overturned, is at appeal.

With reference to the conflict of interest, you should first file a complaint with the council themselves. If your complaint is not dealt with satisfactorily, you will have to escalate the complaint to the Local Government Ombudsman. Further details can be found at he following link: http://www.lgo.org.uk/

​I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,