Planning precedent

June 22, 2022 by Anna in forum Planning Forum

#1303 Anna, 22 June 2022, 12:10

I've inherited a family paddock in a small hamlet, but outside village settlement. It states in deeds that there was a house on site, though it is no longer there. The site is about an acre with a working well. The previous owner, my aunt tried to get planning twice but failed on sustainability. Somebody did obtain planning for a house in the 1990s. They didn't own the land, but wanted to buy it. This successful application didn't follow the proper procedure. They were, and still are a council employee. There were no plans, no consultation period and it does not appear in the planning history. My aunt had a hell of a job to get any details on it. The local council gave her the runaround. I do have the council letter from that time granting the person permission to build a house. They had to initially live in it, though no time limit is stated. I also have a quite nasty letter from this person to my aunt, saying how her colleagues at the council bent over backwards to allow her to live in the area she wanted to live. Obviously this is not normal, or perhaps it is. My aunt didn't use this information when she twice applied for planning afterwards. Does this create a planning precedent. I would assume that they have to demonstrate why different decisions have been given for the same plot. I don't mind going with eco, as I am not building it. Tbh this is mine and my sisters pension. Any suggestions would be grateful.

#1305 Damian, 22 June 2022, 20:10

Any future application would be determined to comply with current policies, irrespective of what may have secured approval in the past.

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