I want to demolish a fourbed house set in five acres of green belt to build a larger home. We discussed our proposals with a planning officer who told us it might be possible to build a replacement dwelling up to 30% larger. That officer left the council and the new case officer has refused the application without visiting the site. Can they do this? To make matters worse, the case officer used to work for, and was fired by, my architect, so there may be a conflict of interest. Name withheld

A planning officer is not required (by law) to visit a site before refusing planning permission for a particular development, but in electing not to go, he or she does leave the decision vulnerable to a challenge on appeal.

However, in your case, I suggest you concentrate on the merits of the proposal itself. Those making planning decisions are required by Section 38 of the Planning and Compulsory Purchase Act 2004 to make their decisions in accordance with the local development plan (LDP) “unless material considerations indicate otherwise”.

Your council will have set out its policy on replacement dwellings in the green belt in its LDP. Get hold of a copy and compare your proposal with the guidelines. If there is a sizeable difference - that is, if the design is significantly larger than the house it would replace - it will fall outside the policy and you need to reapply. Take your complaint - including your suspicion of a possible conflict of interest - to the council’s development manager. Use this opportunity to discuss your plan. Identify how far, if at all, it departs from council policy and agree the steps you need to take.

Michael Haslam OBE is a director of Michael Haslam Associates; hmhaslam@btopenworld.com

Times recommends

• Fall in house sales hits builders, estate agents and mortgage brokers
• Why the property credit crunch favours cash buyers
• The blood-curdling history of Quarrelwood House