Field behind our property will be a housing estate

Field behind our property will be a housing estate

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funkyrobot

Original Poster:

18,789 posts

228 months

Friday 20th March 2015
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A local building company has had their planning application to build 170 homes in a field behind our house granted. Despite numerous objections, it looks like the council have gone ahead and granted the application as long as the builder bungs them £200,000 and builds 55 affordable homes.

Along with other queries (which haven't been answered), we have concerns because the plans involve raising the height of the site. The field (which we are separated from by a ditch) currently sits slightly below the height of the end of our garden. The field is a buffer zone that was designated as a no building area in the local plan. It's supposed to separate houses (like ours that have been there since 1937) from an industrial area. Also, there doesn't seem to be much provision for services (doctors, school etc). However, this issue and many others have simply been ignored and pending a final point relating to section 106, the houses will be built.

What is most annoying is the fact that despite the objections, this is still going ahead. I'm not surprised though. The head of the department has been mentioned in the local news a lot recently because of odd decisions and the state of our local town. He threatened a couple who had built a wooden playhouse in their garden for their kids with the might of the legalities of planning. And recently, an article appeared which claimed he was removing planning comments from our local council's online system that were against an industrial build.

This bloke presides over a department has seen the opening of loads of European mini markets and gambling shops in the local town, whilst other types of shop have closed. It's been trashed. He is also supposed to be in charge of waste and litter control etc, but the town is a right mess (spit, urine, dog st and litter everywhere).

Based on the above, I'm not hoping for much. But is there anything we can do to appeal this decision? The outlook down our garden is currently beautiful and the field is full of wildlife. However, this will soon be converted to concrete and brick and will be utterly ruined.

Thanks all.

sc0tt

18,037 posts

201 months

Friday 20th March 2015
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what town do you live in

surveyor

17,808 posts

184 months

Friday 20th March 2015
quotequote all
You have no right of appeal.

If the decision was wrong in law I would imagine that you could seek a judicial review. Would not rate your chances of success though.

funkyrobot

Original Poster:

18,789 posts

228 months

Friday 20th March 2015
quotequote all
sc0tt said:
what town do you live in
I live near Spalding, Lincs.

sc0tt

18,037 posts

201 months

Friday 20th March 2015
quotequote all
funkyrobot said:
sc0tt said:
what town do you live in
I live near Spalding, Lincs.
Thanks, will give it a miss.

Bluebarge

4,519 posts

178 months

Friday 20th March 2015
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All local authorities are under pressure to release more land for building to deal with the housing crisis, so stories like yours are very common. Not sure why you need to make a personal attack on one of the councillors involved - he is simply doing what he is required to do by central govt. You mention that the site is an in-fill between one estate and some industrial buildings, so it is not like they are plonking an estate in the middle of an AONB or SSSI. My sympathies and all but, unless you own your view, you can't guarantee it will stay the same.

funkyrobot

Original Poster:

18,789 posts

228 months

Friday 20th March 2015
quotequote all
surveyor said:
You have no right of appeal.

If the decision was wrong in law I would imagine that you could seek a judicial review. Would not rate your chances of success though.
Ok.

The main thing I can't get my head around is the fact that the local plan stated the area of land was outside the area that could be built in. However, this plan is now classed as 'out of date' because a new one is being drawn up. The problem is, when I last checked the new one wasn't finished. How do they get around that? Or is it something that doesn't really stop things like this happening?

Thanks.

funkyrobot

Original Poster:

18,789 posts

228 months

Friday 20th March 2015
quotequote all
Bluebarge said:
All local authorities are under pressure to release more land for building to deal with the housing crisis, so stories like yours are very common. Not sure why you need to make a personal attack on one of the councillors involved - he is simply doing what he is required to do by central govt. You mention that the site is an in-fill between one estate and some industrial buildings, so it is not like they are plonking an estate in the middle of an AONB or SSSI. My sympathies and all but, unless you own your view, you can't guarantee it will stay the same.
I'm not making a personal attack, I'm mentioning the fact that the person who heads the committee has been involved in things recently and these decisions don't surprise me.

The site is not in-fill between an estate and industry. The site sits between houses along a road (not an estate location) and an industrial area.

DUMBO100

1,878 posts

184 months

Friday 20th March 2015
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sc0tt said:
funkyrobot said:
sc0tt said:
what town do you live in
I live near Spalding, Lincs.
Thanks, will give it a miss.
biglaugh

surveyor

17,808 posts

184 months

Friday 20th March 2015
quotequote all
funkyrobot said:
surveyor said:
You have no right of appeal.

If the decision was wrong in law I would imagine that you could seek a judicial review. Would not rate your chances of success though.
Ok.

The main thing I can't get my head around is the fact that the local plan stated the area of land was outside the area that could be built in. However, this plan is now classed as 'out of date' because a new one is being drawn up. The problem is, when I last checked the new one wasn't finished. How do they get around that? Or is it something that doesn't really stop things like this happening?

Thanks.
Not a planning expert (far from it - I actively hate it), but the local plan is a guide and can be departed from for the right reasons. A current plan should have a strong presumption in it's favour- but it's amazing how many are no longer current and a new plan is in preparation....

dtmpower

3,972 posts

245 months

Friday 20th March 2015
quotequote all
funkyrobot said:
department has seen the opening of loads of European mini markets and gambling shops in the local town, whilst other types of shop have closed.
What's this got to do with housing ?

HarryW

15,150 posts

269 months

Friday 20th March 2015
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So it is lower lying and there is a drainage ditch, but they are going to elevate the new build and effectively cover most of the local soak away. I'd just move now before the flooding starts.....

funkyrobot

Original Poster:

18,789 posts

228 months

Friday 20th March 2015
quotequote all
dtmpower said:
funkyrobot said:
department has seen the opening of loads of European mini markets and gambling shops in the local town, whilst other types of shop have closed.
What's this got to do with housing ?
Because they seem hell bent on letting the local town go downhill whilst ruining the area around it.

funkyrobot

Original Poster:

18,789 posts

228 months

Friday 20th March 2015
quotequote all
HarryW said:
So it is lower lying and there is a drainage ditch, but they are going to elevate the new build and effectively cover most of the local soak away. I'd just move now before the flooding starts.....
smile

HarryW

15,150 posts

269 months

Friday 20th March 2015
quotequote all
funkyrobot said:
dtmpower said:
funkyrobot said:
department has seen the opening of loads of European mini markets and gambling shops in the local town, whilst other types of shop have closed.
What's this got to do with housing ?
Because they seem hell bent on letting the local town go downhill whilst ruining the area around it.
Does the local planner have nice shinny car out with his perceived salary......

jogon

2,971 posts

158 months

Friday 20th March 2015
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Start planting some giant conifers and vote UKIP.

blueg33

35,773 posts

224 months

Friday 20th March 2015
quotequote all
Lots of people have been hit like this, the LA's were too crap to get their local plans up to date and the the NPPF that was introduced by the governament, basically said that if a local plan is not up tp date then any site is fair game.

I think its too late for any objection now, your only route would be a Judicial Review (you have 6 weeks from the decision notice being issued). But as Surveyor said, all this looks at is whether the application was dealt with using the correct process, it will look at whether the decision made would have been the same if corect process had been followed, and it will either uphold or overturn the decision. It is a very expensive process and you would have a virtually nil chance of success.

All - check your local plans and make representations as necessary. If the plan is out of date start making lots of noise to the Council. Your neighbouring land is at risk of development of you dont.

MDMetal

2,775 posts

148 months

Friday 20th March 2015
quotequote all
Not wanting to cause any offense at all but where should people build all the new houses that the country desperately needs? I live just outside of Cambridge, have a good job that pays well and I can't afford to live in the city unless I lived in the worst areas. For the same price (just under 200k) I have the privilege of living in a nice-ish village but it's not in the city and it's silly money. All this because of a lack of houses.

Things like concerns over the drainage should be raised as serious concerns definitely but that will at best require them to have a more sensible plan not to abandon the project.

Oakey

27,552 posts

216 months

Friday 20th March 2015
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Some Villager 78 years ago said:
Maud... MAUD!!!!... can you believe this poppycock? They're going to build houses on those lovely fields! Houses! For riff raff! Get me my shotgun!

funkyrobot

Original Poster:

18,789 posts

228 months

Friday 20th March 2015
quotequote all
HarryW said:
funkyrobot said:
dtmpower said:
funkyrobot said:
department has seen the opening of loads of European mini markets and gambling shops in the local town, whilst other types of shop have closed.
What's this got to do with housing ?
Because they seem hell bent on letting the local town go downhill whilst ruining the area around it.
Does the local planner have nice shinny car out with his perceived salary......
I have no idea.