Planning permission rejected - no signature

  Tinkabell09 31 Aug 11
Locked

We applied for planning permission to build two houses and it was rejected on the basis that they claim the Unilateral Undertaking was not signed. It was in fact signed twice - once by hand which is held on file by the council and once digitally online by ticking a checkbox and printing the name in a box. We could only appeal this decision by agreeing to go to court.

We now have a court date set and will be representing ourselves as this is seemingly a straight forward matter. However we would like to ensure that there is no aspect they can use against us in court that we have not covered in terms of the signing and would like to know what our chances are of winning/losing the appeal.

Thanks in advance

  buteman 31 Aug 11

[printing the name in a box]may not be classed as a signature.

I know dealing with my Council with a completely different thing is one step forward and the two steps backwards.

So best of luck and I hope things go well for you.

[once by hand which is held on file by the council]

It would help if you have or can get a copy of it from the council.

  buteman 31 Aug 11

You may have to wait a while for answers as it is difficult to post on here just now for some of us.

  Woolwell 31 Aug 11

I very much doubt that anyone will be able to provide the answer that you seek as we cannot know the full circumstances. Who drew up the planning application and the plans for the houses? Did they speak to the planners? Have you followed the guidelines here Planning portal

  woodchip 31 Aug 11

They may be looking for a back hand

  octal 31 Aug 11

You obviously are going to spend a lot of money on building two houses, I would have thought spending a bit more to get proper legal advice would be more appropriate than asking this forum. If you are asking that sort of question here then it seems to indicate you have your doubts about your case. I don't think anyone on this forum would know your situation to be able to give the proper advice you need.

Good luck anyway, I hope it all goes your way.

  lotvic 31 Aug 11

woodchip if they are, they need a slap :)

  woodchip 31 Aug 11

lotvic It Happenns more so today than when I worked for myself, for near on 40 years. It used to be worse in tenders for Work

  Forum Editor 31 Aug 11

Did you submit the undertaking in draft for the council to comment - might your application have succeeded without an undertaking?

Was the undertaking submitted by your solicitor?

What evidence do you have to show that the undertaking was signed?

  octal 31 Aug 11

We now have a court date set and will be representing ourselves

FE I read that as they are not using a solicitor, am I wrong?

  Forum Editor 31 Aug 11

octal

I'm trying to find out if a solicitor was used for the preparation and submission of the unilateral undertaking.

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