Planning Validation - Errors on Applications Form

July 15, 2020 by Ben Strangeways in forum Planning Forum

#743 Ben Strangeways, 15 July 2020, 11:52

Hi all. Does anyone have any experience if a planning application has been validated but there are errors on it or false information stated? The applicant has described the works falsely as in 'Side Extension' but it is a 'Side and Rear Extension'? I have previously submitted a planning application and the planners made me submit a new application due to the interpretation of the description rather than just updating the wording which I thought at the time was unbelievable. The drawings were clear on the existing situation and proposed.

They have also failed to state any trees, shrubs, bushes are to be removed and whilst the application was submitted they removed them to get rid of the evidence before planning had a site visit? We aren't in a conservation area or have any TPO's but they should be stating at the time of the application being submitted what was existing and what is proposed. They removed a significant amount of trees in bird nesting season with no specialist advice or following standards like British Standards. When we spoke to our neighbour he said 'what are the planners going to do.

We have just had the planner round and they said all of the above what not stop the application going through if it had been validated. Firstly they are not consistent on the validation process and they should have picked up on the wrong description therefore asking this to altered before validated. Secondly if the applicant is clearly lying (with proof provided) and they are allowing this to continue what does it say about the system.

I feel people can abuse the system as the planners aren't strong enough so get away with it and the planners change the rules to suit. I'm an Architectural Technican and my wife and Architect so have a lot of experience in construction. With the Planning department they have been the worst I have worked with in the way they deal with applications, responding, being inconsistent etc. The issue is once something becomes granted permission it is then statutory. Its saying its acceptable to submit false information which then becomes legal which I cannot get my head around.

If anyone can offer any advice it would be much appreciated. If anyone has any specific legislation or legal cases it would be appreciated.


#744 Damian, 16 July 2020, 08:15

Do you have a link to the proposals so we can have a look to see if it’s a side and/or rear extension? LPA’s are normally strict in their validation process, in particular the wording of the proposals. They can be a little more relaxed with formal applications as opposed to LDC applications.

As for trees, unless there are any TPO’s, then LPA’s have to take the information as stated on the application form. The submitted application form asks if the information is true to their knowledge, etc... which when signed and submitted is their formal confirmation. If any trees or bushes have been removed prior to the submission of the application, then they don’t have to go on the form. If they’re removed soon after the application has been submitted, it’s true their positions should have been indicated but until a Planning Officer carries out their site visit, that is the only time they’d pick up on it.

#746 Ben Strangeways, 20 July 2020, 12:01

Hi Damian.

See link above which should hopefully work.

I appreciate that the council would not be aware as it is for the applicant to be truthful in what they say. We have photos which confirm the trees were taken out whilst the application was submitted and sent these to the planners as evidence. She said they have gone to a planning forum for some advice but very vague on what they will do.

This is for'20/00927/HHFUL | Single storey side extension with attached double garage | 53 Thrapston Road Brampton Huntingdon PE28 4TB'.


#747 Damian, 20 July 2020, 17:20

If the trees were still there during and post Planning decision, I could see why them stating NO on the application is very mis-leading. As the trees are not protected and have been removed post Planning submission but pre-Planning decision, there isn’t much anybody can do about it. I assume there were always plans for the trees to come out to enable the works to commence anyway?

I can see how the interpretation of the proposals is also mis-leading as to me it also looks to be a side and rear extension. This is definitely how it would be described from a PD point of view but they’re a little more relaxed with formal Householder applications. Maybe because the garage extension will be built and the other extensions are to be built off that is why they’ve referred to it as a side extension.

How is this affecting you? Do you have a particular gripe with the homeowner or agent?

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