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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2457
Experience:  Over 5 years in practice.
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Can you please confirm that a planning application which was

Customer Question

Can you please confirm that a planning application which was declined in 2009 can only be declined 3 years later for the same reason even though the application is new in 2012? Planner has advised Planning Committe that they cannot decline for a new reason only their previous why they declined it.
Submitted: 5 years ago.
Category: Property Law
Expert:  James Mather replied 5 years ago.
-Could you explain your situation a little more?

Customer: replied 5 years ago.

Planning application on land which developer is going to buy from back gardens of houses backing onto our culdesac. Developer wants to build 7 detached houses facing onto our road. At the end of the cul de sac is a Nursing Home with 44 residents with Alzheimers and other mental health issues. Road is 18 feet wide and houses already park on road. Application was made 2009 and turned down by Planning Inspector because of TPO on 3 cherry trees. Arborculturist has viewed and said trees not in good health and can be removed and other saplings put on site. Planner told Planning Committe that they can only refuse new plan on reason declined in 2009 they cannot decline on Nursing Home objection and committees now wanting to turn down on over crowding site. They cannot consider any other reason why it should be declined.

Expert:  James Mather replied 5 years ago.

I am going to opt out of this another inexpert because it is outside my sphere of expertise.