Navigating the quagmire of planning policy can sometimes be a nightmare for everyone involved. Julian Owen explains how to deal with conflicting advice from local authorities

In theory, the process of obtaining planning approval should be quite simple. The idea is that planners compare an application to the council’s current policy and if it complies, they accept it. If it doesn’t sit in line with their protocols, they refuse. This should be a rational, objective process but in reality it is nothing of the kind. The council often has to mediate between conflicting interests at the same time as checking a myriad of documents that describe official policy and guidelines. Sometimes they will go back to an individual to say it looks their application is going to be refused, suggesting it might be better to withdraw and amend it before it’s formally rejected.

The process

For any but the most simple, uncontentious applications, it is sensible to discuss your project with the relevant department before you make a formal submission. You might have to pay for the privilege of a pre-application enquiry (or pre-app) but it is a good investment, even if they suggest it might be refused. Knowing in advance how your scheme will be received should affect the way it is prepared. If you are rebuffed, you can either amend the design to something more agreeable to get it through, or be ready to appeal straight after the decision is made. But what happens if the planning officer you consult early on gives you a misleadingly optimistic view of your chances? As a reminder of the risks involved, I’ve kept two letters received from a local council a few years back. One says that the proposed application is consistent with policy and is likely to be approved. The other, written a few weeks later by the same agent for the exact same proposal, says the opposite – that it will be refused and advises that it be withdrawn. In that case it happened because the employee in question had not consulted his boss, who later overruled him. Unfortunately, it is not an isolated incident and sometimes early encouragement can turn into outright condemnation later on.