davi9 wrote:Architect and solicitor advise me that it is madness on the part of the council to refuse my particular case on bloodline condition alone considering my right to reside there was already established in previous granting of permission, that i should wait for refusal and that it is perfect case to test legality of this clause in development plans. As the planning is going to be refused as it stands on bloodlines alone, it will leave spatial strategy guidelines and rural development plans with large areas of legal limbo if i am sucessful. i would prefer the simple life though if anyone could offer advice or experience on the matter.
I personally wouldnt like to be the 'guinea pig' case in legally challanging this policy!!
If i was you, obviously depending on budget, this is what i would do.
1. I would withdraw the application.
2. I would start work immediately on site and get the foundations poured, rising walls built and hardcore in... i would also get the spetic tank / effluent treatment system installed straight away.
3. Depending on budget i would try to get the dwelling to a point where blockwork i scomplete. I would then apply to 'extend the period pf permission'. this needs to be applied for and be granted prior to expiry of permission.
4. If 3. above isnt possible i would apply for permission to retain and complete the dwelling (thus negating the requirement to show local need, as you were acting on the original permission).