Lots of Support for ... Refusal!

We got a total of 10 independent letters of Support for the application, which was fantastic. Unfortunately on Thursday we received some very disappointing news, which is that despite the work we did, the application has been "recommended for Refusal". What this means in an official sense is that the Planning Office does not support or approve of the application, based on Planning Policy.

So what do you do... well in response, we have done a lot fun reading of Planning Policy. The policy has a hierarchy of detail which is:

• National - Scottish Planning Policy
• Aberdeenshire - Local Development Plan
• Individual Policy
• Supplementary Guidance
• Details/Advice/Techincal Advice Notes

Having read other refusals, applications and Policy, as well as the planner's feedback to us so far - it all indicates that the justification for refusal in his Conclusion will be based on SG LSD2: Layout, siting and design of new development.

I have spent some time studying the Technical Advice Note and I believe he must be honing in on Part D (iv) Aesthetics, 4. How does the style of the design suit the location? but I can see that he could hand pick any number of options in the list. 

Interestingly (read: depressingly/annoyingly/ridiculously) this part of the advice - (D(iv)4) - states "This issue is to do with gut-reactions, based on what you would see from the street-side when you first see the development........" and goes on to make it even less defined! There is even a caveat at the end of the "Things to Consider" for this point, which is "Any other relevant considerations".

That, in writing, confirms that we can be justifiably denied permission based on a subjective interpretation. You could argue that a planner would take more than one part of the guidance or advice in to his decision making, but it certainly gives him a good way out which is based on "gut feeling" or "any other relevant consideration". Perhaps I am over reacting, but it doesn't sit very well.

The situation now is that we will have to wait and see (more waiting...) if 2 out of 3 of our Marr Ward Councillors are prepared to vote in favour that it should be reviewed by the Marr Area Committee. If that happens it will be presented at the Committee on the 10th March, where I'll have 10 minutes to make our case. If they reject it, we will have to go to Appeal.

What a journey it is becoming.