Objecting to Planning

Associate
Joined
25 Nov 2017
Posts
348
So today went to poop with the arrival of the post.

I have a two storey house and next door is a bungalow in a large plot. Because my plot is around 0.5m to 1m lower than the plot that the bungalow is on, it is almost the same height as my house.

Anyhow, there is now a planning application in place to remove the bungalow and fill the plot with a block of flats.

The plans do consider the relative plot heights and they have made some consideration for loss of light and over looking. The building is 2 storey on the side of my house and 3 storey on the opposite side.

However I will still end up with my house dominated by a massive building next door and some loss of privacy as well as loss of light in the winter months.

I intend to write a lengthy objection, but I was wondering if there was anything else I could do to boost my chances of not having a fairly nice garden and green views tainted by a brick lump looming over me.

Thanks
 
Soldato
Joined
23 Nov 2019
Posts
3,307
Approach it like the planners should. What documents have they submitted? Do they comply with the local planning policy? If not why not. Emphasise any deficiencies. Pick apart any spurious BS claims made therein eg occupancy levels, car parking etc. If the local policy is no car parking spaces and their documents say parking is readily available, point out the contradiction. etc etc. If the policy is provide bike parking for all occupants and the planning app says in one place it's supposed to be a family development but only providing one bike space per house, and the plans don't show multiple bed rooms, point out that it sounds like it's going to be single occupancy and the documents contradict themselves etc.

Overlooking and loss of privacy are reasonable objections. Daylight and view are less so. rights of light are fickle, and difficult to protest on, but if you can show significant shadowing and loss of light then you may have some grounds. Noise, loss of amenity. At the very least you can ask for alterations and concessions to reduce the impact if you can see ways that would help lessen the problems for you.

You could look at whether there are any Tree protection orders in place. Any protected habitats, etc that might be disrupted. Bats are always a hot potatoe - but note you can't just make that stuff up. You can however ask the planners whether the appropriate ecology assessments have been made.

Is any of it local authority led development though? If so you're up against it as the conflict of interest seems appallingly blatant yet the appeals courts ruled it was somehow ok when people objected last year or so ( I think it was a case by some people in Croydon or therebouts IIRC - I didn't pay as much attention to it as perhaps I should have). Like most things money talks sadly and the developers somehow get their schemes approved.
 
Associate
OP
Joined
25 Nov 2017
Posts
348
Approach it like the planners should. What documents have they submitted? Do they comply with the local planning policy? If not why not. Emphasise any deficiencies. Pick apart any spurious BS claims made therein eg occupancy levels, car parking etc. If the local policy is no car parking spaces and their documents say parking is readily available, point out the contradiction. etc etc. If the policy is provide bike parking for all occupants and the planning app says in one place it's supposed to be a family development but only providing one bike space per house, and the plans don't show multiple bed rooms, point out that it sounds like it's going to be single occupancy and the documents contradict themselves etc.

Overlooking and loss of privacy are reasonable objections. Daylight and view are less so. rights of light are fickle, and difficult to protest on, but if you can show significant shadowing and loss of light then you may have some grounds. Noise, loss of amenity. At the very least you can ask for alterations and concessions to reduce the impact if you can see ways that would help lessen the problems for you.

You could look at whether there are any Tree protection orders in place. Any protected habitats, etc that might be disrupted. Bats are always a hot potatoe - but note you can't just make that stuff up. You can however ask the planners whether the appropriate ecology assessments have been made.

Is any of it local authority led development though? If so you're up against it as the conflict of interest seems appallingly blatant yet the appeals courts ruled it was somehow ok when people objected last year or so ( I think it was a case by some people in Croydon or therebouts IIRC - I didn't pay as much attention to it as perhaps I should have). Like most things money talks sadly and the developers somehow get their schemes approved.

Thanks for the ideas. I will indeed look into local planning policy and she how things stack up.

It seems they have done an ecology assessment and have concluded that there are no issues. Also there are no trees of note. So no mileage there.

There are a few similar developments in the area and another large plot 100m away has had planning approved for 7 townhouses.

So I have no doubt it will be approved. I just dont want it to ruin my enjoyment of my house.

I have been doing a lot of work to improve my house and now feel like it is all a waste of time. But of an initial emotional response, but these things are emotive.

Is there anything a solicitor could do, or would that just be a waste of wonga?

Thanks
 
Soldato
Joined
1 Mar 2008
Posts
6,260
Location
Deep North
It's all pot luck if they get passed or not and half the time objecting won't be taken into account.

I've browsed my local public access portal numerous times and noticed things where one property on my street got refused permission for an extension with some BS claims, yet an identical property on the street had an identical extension permission granted 10 years later. Make of that what you will.
 
Associate
Joined
21 Jan 2008
Posts
1,326
Location
Cotswolds
You are wasting your time/money if you think getting a professional involved will help.

The planners have criteria to meet (housing numbers etc.) and as long as the planning is lawful (which 99% of the time it will be) your moanings will be just exactly that and any of the above may stall things, but planning is generally inevitable these days; I mean they're allowing building on protected green belts. NIMBY is what it would be considered as.

However, you may have an angle to push right to light. The planners should get them to to a RtL survey BUT that wll not stop an application but could furnish you with some cash if it shows their planned development permanently removes light to your house.

Alternatively, sell up and move (not ideal currently).
 
Tea Drinker
Don
Joined
13 Apr 2010
Posts
18,416
Location
Sunny Sussex
One approach would be to make it as costly as possible in legal and planning fees and insist on mitigation measures for say parking. Car stackers, electric vehicle parking zip cars etc. Bike stores. Boundaries.

These smaller developments are on a knife edge financially additional costs may mean it doesn’t go ahead.
 
Associate
OP
Joined
25 Nov 2017
Posts
348
You are wasting your time/money if you think getting a professional involved will help.

The planners have criteria to meet (housing numbers etc.) and as long as the planning is lawful (which 99% of the time it will be) your moanings will be just exactly that and any of the above may stall things, but planning is generally inevitable these days; I mean they're allowing building on protected green belts. NIMBY is what it would be considered as.

However, you may have an angle to push right to light. The planners should get them to to a RtL survey BUT that wll not stop an application but could furnish you with some cash if it shows their planned development permanently removes light to your house.

Alternatively, sell up and move (not ideal currently).

I do agree it will go ahead. There is ample local precedent. I am just looking to minimise the negative impact on my property. The wife does not want to move so it is about making the future as less **** as possible ;)
 
Associate
OP
Joined
25 Nov 2017
Posts
348
One approach would be to make it as costly as possible in legal and planning fees and insist on mitigation measures for say parking. Car stackers, electric vehicle parking zip cars etc. Bike stores. Boundaries.

These smaller developments are on a knife edge financially additional costs may mean it doesn’t go ahead.

Thanks for the thoughts. I had to Google car stackers.

They seem to have adequate parking and bike lockers. However one bike locker is planned to be adjacent to my single storey extension which makes me concerned that people could use it to climb up on.

The boundary is also a concern. Currently the boundary is in a poor state of repair and offers privacy in some areas (where is is 1.8m on my side but only 1.3 m on their side). So I intend to make that into a concern. Downside it is cannot be replaced without the loss of shrubbery.
 
Soldato
Joined
22 May 2003
Posts
2,867
Location
Hampshire
I appreciate that the plans next door, if approved, mean there will be change. What you need to consider is whether that change is going to result in any significant adverse impacts on your amenity or the character of the area etc. If so, refer to the relevant policies in the local plan and use the wording within. You could also provide photographs to illustrate your points. It might also be worth trying to contact the case officer to see whether they could visit your property to better understand the proposal from your perspective.
 
Associate
OP
Joined
25 Nov 2017
Posts
348
I appreciate that the plans next door, if approved, mean there will be change. What you need to consider is whether that change is going to result in any significant adverse impacts on your amenity or the character of the area etc. If so, refer to the relevant policies in the local plan and use the wording within. You could also provide photographs to illustrate your points. It might also be worth trying to contact the case officer to see whether they could visit your property to better understand the proposal from your perspective.

Thanks. I have already pulled up the policy and will take some snaps to highlight certain aspects. Looking through the paperwork I got with the house, planning for an extension to the existing bungalow was rejected in the mid 90's for much the same reasons I have. So there is some precedence, but it was a different world back then!

Thanks re the case officer, I was going to say I my objection letter that a site visit would be worth while, but I think I will call them as well!
 
Associate
OP
Joined
25 Nov 2017
Posts
348
Hi all,

Here are some things that I have learnt about planning objections...

1) call your local Town Councillor. They have no power to influence planning decisions, but can offer their ideas and experience. I spoke to two. One visited me and offered lots of advice. Another offered to review the plans and submitted his own objections based on them.

2) call your County Councillor. If they believe that there are issues with the proposed plans, they can "call it in" which means it cannot be approved solely by the planning officer, but needs to go to a wider committee. Mine did so based on the size of the development and road safety issues.

3) stick to "material" planning objections and challenge everything .

4) when it comes to objections, it is the number of letters of objection that matters not the number of signatures. So if you have 4 adults in a house, send in 4 letters of objection. Not one letter with 4 signatures. Strange but true! So in my case I spoke to all neighbors and got them and their family writing.

5) any body can object to any planning application. So in my case I mobilised other locals to raise objections on things that impact them, such as visual appearance and Road safety.

Hope this helps someone.
 
Soldato
Joined
23 Nov 2019
Posts
3,307
doesn't take much step in height for them to see down and into his property, esp when they will be 3 storeys. Think about it. You put up a 6ft fence. 1.8m everyone on same level, that offers privacy right? They are 1m higher, they can stand and look down right into his property. For him to get privacy he has to stick up a 2.8m fence, and is then living in a tunnel, feeling entombed and with little direct daylight for most of the day.
 
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