Quick question re: planning appeal

savemejebus

I'm strongly considering submitting an appeal against a development that was granted 'conditional' permission by my local coco and have a question that i'm hoping one of you may be able to help me with.

I know that an appeal has to be based on planning issues and the main thrust of my appeal will be but one of the issues i'd like to bring up involves the development devaluing my property.

Now I'm assuming that normally devaluation of property would not be a planning issue, however in refusing a previous application (by the same developer) the council stated, as one of the reasons for refusing, that the development "would seriously reduce residential amenity and devalue adjoining properties".

Would the fact that the council have used this in a previous decision mean that i could mention devaluation in my appeal?

Your thoughts would be appreciated.

muffler

Yes. Devaluation or potential devaluation may be included in an appeal.

savemejebus

Thanks a million muffler, much appreciated.

muffler

No problem. I have seen that used as a reason for refusals here in Donegal although in saying that I cant recall ever seeing it being a singular reason. Its usually lumped in with a couple of other reasons.

savemejebus

Cheers, that'll be the same way here. Lumped in with points from the local area plan.

Thanks again

sydthebeat

one thing to look out for if used the 'devaluation' card in an appeal is to actually prove this devaluation. Get a valuation on your house as is and ask the auctioneer to put a second valuation on it if the development exists.

devaluation i susually as a result of other factors, and not actually a factor in itself. Devaluation can result from a loss of views, a loss of privacy, a busier access road etc etc... so i would focus more time and attention on these 'planning' based issues...

savemejebus

Cheers, I don't think i'll be able to get a valuation done in time as only found out about planning being granted last week after i returned from xmas hols and 1 have to lodge the appeal by the 20th.

One thing, I thought loss of views wasn't supported as a planning issue though? Is there a resource out there that lists 'proper' planning issues? i dont' want to include stuff that would be viewed as irrelevant.

sydthebeat

savemejebus wrote: »

Cheers, I don't think i'll be able to get a valuation done in time as only found out about planning being granted last week after i returned from xmas hols and 1 have to lodge the appeal by the 20th.

One thing, I thought loss of views wasn't supported as a planning issue though? Is there a resource out there that lists 'proper' planning issues? i dont' want to include stuff that would be viewed as irrelevant.

loss of views can result in a devaluation, but generally are not planning issues, unless devaluation can be proven... (see where im going with this....:D)

as far as a resource, the county development plan, or local area plan is the bible...

savemejebus

yep i feel like i know the dev plan by heart at this stage .