Charles Holt (Lincoln)

So often, I hear from clients, planning consultants and others that the planning system is a lottery.  One can get different results to the ‘same’ application depending on who you are, who your neighbours (i.e., objectors!) are, and who your local authority is.

There is no doubt that you can improve your chances of gaining permission if your application is well presented, and well argued – especially if it is a somewhat contentious application.  But no advisor or consultant can ever guarantee your success.

I have had a recent example of two similar applications – both of which gained permission – but with a huge difference in attitude from the local authority.  The applications are on adjacent sites and are for similar matters – a rural worker’s dwelling.  Furthermore, both involved alpacas.

The first one took four planning applications and two planning appeals (both of which we won) to gain the permission.  At one point we had to lodge a Freedom of Information Act’ application to gain access to the advice that the LPA had received from their own appointed consultant, as the Council refused – point blank – to release it.  It was no surprise to find that, when we eventually got it, it was supportive of our case.

The second case was similar, but involved far fewer animals, and is really just a fledgling operation.  The advice was to start with a temporary dwelling application.  Nevertheless, the applicant went ahead with a permanent dwelling application, which the LPA recommended for refusal (understandably).  The application went to the Planning Committee – for various reasons – and, despite that council officers arguing for a refusal, the application was approved.

Lucky applicant.  A lottery, indeed!

Contact Charles at charlesholt@fcgagric.com or your local FCG Office for all matters on planning applications.