Planning permission objections.
Planning permission objections.
Author
Discussion

Mr.Chips

Original Poster:

1,239 posts

243 months

Sunday 11th August 2019
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Hi Guys,
I would appreciate any constructive advice on how to object to a potential planning permission issue. I arrived back home after a holiday yesterday, to be button-holed by three of my neighbours, regarding the possibility of some bungalows being built on the garden of the property which backs onto our gardens.
When I eventually finished speaking with them and checked the fortnights worth of mail waiting for me, I discovered a letter from the council, confirming that, a planning application has been made to build 3 bungalows on this land.
It would appear that the bungalows will be built virtually right up to our garden fences, the existing mature trees will be cut down. My neighbours are concerned about the noise, mess and potential impact on their property values, not forgetting any reductions to their privacy. In addition, the land would be big enough for one good sized property, but the proposal is for three, which seems excessive and could seemingly lead to access issues.
If I am honest, I am probably least effected as only the very corner of this proposed development may have a slight impact on my property.
Thanks for all constructive responses.

anonymous-user

83 months

Sunday 11th August 2019
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First of all you have to consider how this development will affect you.

So

28,176 posts

251 months

Sunday 11th August 2019
quotequote all
Mr.Chips said:
Hi Guys,
I would appreciate any constructive advice on how to object to a potential planning permission issue. I arrived back home after a holiday yesterday, to be button-holed by three of my neighbours, regarding the possibility of some bungalows being built on the garden of the property which backs onto our gardens.
When I eventually finished speaking with them and checked the fortnights worth of mail waiting for me, I discovered a letter from the council, confirming that, a planning application has been made to build 3 bungalows on this land.
It would appear that the bungalows will be built virtually right up to our garden fences, the existing mature trees will be cut down. My neighbours are concerned about the noise, mess and potential impact on their property values, not forgetting any reductions to their privacy. In addition, the land would be big enough for one good sized property, but the proposal is for three, which seems excessive and could seemingly lead to access issues.
If I am honest, I am probably least effected as only the very corner of this proposed development may have a slight impact on my property.
Thanks for all constructive responses.
In order to determine whether you have a valid objection or if you're being a NIMBY we'd need to see the plans. Can you obtain them online and link to or post them?

Pica-Pica

16,592 posts

113 months

Sunday 11th August 2019
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Simply go along to your local parish/town council meeting. Planning applications are discussed at every meeting. I know, I used to be a Parish Councillor, and we were quite forthright in our objections. I just wished more parishioners would have attended. Also look on your borough council websites. Parish Councils can only raise valid objections, they do not have the final say, but can point out local issues. One of our favourites was to point out housing densities that had inadequate off-road parking, e.g. 4 bed houses with only two off-street parking spots.

People do not value or use their local (unpaid) councillors, until there is ‘something in it for them’. Contribute more in your time, then you will help prevent things like this.

Finally, have a look at your local authorities Local Plan. Every borough council has to draw up one of these periodically to cover housing etc. Again, look on your local and borough council websites. You really should have the Council website saved as a favourite.

ClaphamGT3

12,234 posts

272 months

Sunday 11th August 2019
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No doubt Equus will be along in a minute but the first thing to do is to study the local plan policy for your local authority and establish whether the land in question is designated for housing. If it isn’t, it is less likely that the application will succeed as the applicant will have to apply for a change of use class as part of that application.

Once you’ve established the status of the land, it is important that you set out a rational and objective set of objections based on loss of amenity, risk of over development (including traffic concerns), detrimental visual impact and any other material consideration. “We don’t fancy it/we liked it when it was just a field” are not really valid objections.

Bear in mind that many local authorities are under major pressure to deliver target numbers for new homes so residential applications often have an unofficial presumption of approval

paulwirral

3,815 posts

164 months

Sunday 11th August 2019
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The directive from our local council clearly states that impact on property values won't be taken into account , or at least it was . I'm not sure about the noise and disruption element but I doubt they'll come into it either as it's short term .
As already posted , Equis will advise better but I'd guess that the increased traffic and privacy side would be a better angle to approach any objections from ?

Initforthemoney

743 posts

173 months

Sunday 11th August 2019
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Whatever you complain about will be addressed and the builds will go ahead regardless.

Councils have targets to meet.

anonymous-user

83 months

Sunday 11th August 2019
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Initforthemoney said:
Whatever you complain about will be addressed and the builds will go ahead regardless.

Councils have targets to meet.
This. The local development here is being made on a flood plain that was designed to take rain water from the local farm fields. They're constantly trying to pump water from the area to build on it and it's failing miserably.

bigmowley

2,661 posts

205 months

Sunday 11th August 2019
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Apply for aTPO, tree preservation order, to be put on the trees. The planning dept of the your local council are responsible for it. Quick process and if granted will be a PITA for the developer. Ask me how I know!

Pica-Pica

16,592 posts

113 months

Sunday 11th August 2019
quotequote all
bigmowley said:
Apply for aTPO, tree preservation order, to be put on the trees. The planning dept of the your local council are responsible for it. Quick process and if granted will be a PITA for the developer. Ask me how I know!
If the land is already in the Local Plan, I am not sure a TPO will make any difference.

Ardennes92

712 posts

109 months

Sunday 11th August 2019
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Pica-Pica said:
bigmowley said:
Apply for aTPO, tree preservation order, to be put on the trees. The planning dept of the your local council are responsible for it. Quick process and if granted will be a PITA for the developer. Ask me how I know!
If the land is already in the Local Plan, I am not sure a TPO will make any difference.
Around us any approved planning application seems to override any TPO’s that we’re in place, the council only seem to use any TPO’s to stop individuals doing mtce

The Surveyor

7,624 posts

266 months

Monday 12th August 2019
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'Noise, mess and potential impact on their property values' are not valid reasons for the Council to refuse the application. At best you may get a condition included in the approval to limit working hours during the build, but that's the best you can hope for with those.

If you are going to object, you have to have a valid objection based upon planning policy otherwise it will be ignored.

Best advice would be for you and your neighbours to collectively appoint a Planning Consultant to prepare and table a proper well argued objection based upon their knowledge of the Planning policy and Guidance.


So

28,176 posts

251 months

Monday 12th August 2019
quotequote all
The Surveyor said:
'Noise, mess and potential impact on their property values' are not valid reasons for the Council to refuse the application. At best you may get a condition included in the approval to limit working hours during the build, but that's the best you can hope for with those.

If you are going to object, you have to have a valid objection based upon planning policy otherwise it will be ignored.

Best advice would be for you and your neighbours to collectively appoint a Planning Consultant to prepare and table a proper well argued objection based upon their knowledge of the Planning policy and Guidance.
I agree with this. But he could get some initial advice free of charge if he shows us the plans. I do of course understand that he may not be willing to do that.

Skittle

312 posts

290 months

Monday 12th August 2019
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Just been through something similar

Firstly familiarise yourself with the planning process for your area and consider the best way to raise objections. You should be able to get all the relevant info from the local planning website / portal

We raised a local petition as this ensured that the the application had to go through a committee rather than just being reviewed by just local planner. It also meant that we got to present our concerns over and above the official recommendation in person. This was critical as some major issues were "overlooked" shall we say

We were helped by the local councillor who advised us all the way through and his help was invaluable as the local guidelines etc are full of local jargon that can be quite hard to decipher

Make sure you get objections documented and submitted within the relevant timelines, we had 2 weeks to reply, so your going to have to organise yourself and others quickly

As a final thought, this is just the start, be prepared for the developer to come back again and again if there is substantial profit in the proposed scheme

Hope this helps


Magnum 475

4,162 posts

161 months

Monday 12th August 2019
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flashbang said:
Initforthemoney said:
Whatever you complain about will be addressed and the builds will go ahead regardless.

Councils have targets to meet.
This. The local development here is being made on a flood plain that was designed to take rain water from the local farm fields. They're constantly trying to pump water from the area to build on it and it's failing miserably.
Indeed. We've recently objected to two new developments at one end of our relatively small village, due to the simply fact that the existing sewage system is struggling now, following a different new development that was completed about 2 years ago. We're getting a sewer blockage at one end of the village every 6 - 8 weeks, as the draining system simply wasn't sized for the number of households now connected to it. Of course, this objection was ignored, and the two new developments are now well in progress.

RedAndy

1,291 posts

183 months

Monday 12th August 2019
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do you mind them building there, and what SPECIFICALLY is it that you mind about it. Can they resolve it by redesigning the proposal?

Hub

7,131 posts

227 months

Monday 12th August 2019
quotequote all
Mr.Chips said:
Hi Guys,
My neighbours are concerned about the noise, mess and potential impact on their property values, not forgetting any reductions to their privacy.
Only the last of those is a valid planning consideration.

If it is overly congested, squeezing too many properties then it could be out of keeping with the area and that is a valid consideration.

Are the trees protected? If not then there is nothing to stop them being removed now - in fact a savvy developer would probably clear the site before the application to prevent TPOs being put on!

How far are the bungalows from the back of the houses (i.e. do you and your neighbours have long rear gardens). Bungalows aren't that high and with planning conditions can be restricted from having any first floor windows that would overlook so privacy/overshadowing/intrusion etc may not necessarily be significant issues.

blueg33

46,436 posts

253 months

Monday 12th August 2019
quotequote all
Initforthemoney said:
Whatever you complain about will be addressed and the builds will go ahead regardless.

Councils have targets to meet.
This is total bks.

Op. You really need to read and understand the policies in your local development plans (usually available on line). Work out which policies apply to the site (there will be a range of policies under housing, development, transport, recreation, landscape etc)

Once you have identified the policies the application breaches you need to write a clear letter setting out each policy and how it is breached.

In our village we successfully stopped a development of 16 houses, including at appeal because it was in breach of:
Sustainability criteria (lots of lies in the application about local services)
Impact on AONB
Character of the area (the built form did not match development pattern in the village)
Elevations
Impact on protected species, particularly amphibians and bats.

I am a property developer and have headed up house builder land and planning teams so I was poacher turned game keeper. Had it been the right development in the right place I wouldn't have objected.

You absolutely have to understand how developers manage planning applications and how policy can be applied. Try and find some local appeals that have been lost by the developer and look at the reasons for refusal, you can do the same with nearby planning applications that have been refused.

Do not get passionate, do not get personal, do not get subjective, do not quote stuff like loss of property value or views. Look at policy and highway safety that's where you will win.

If you don't understand this stuff get together with neighbours and pay for a decent planning consultant to handle it for you.

Equus may provide you with advice if he sees this thread. He is very knowledgeable, I have worked with him on a major planning application in the past.

V10leptoquark

5,180 posts

246 months

Monday 12th August 2019
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OP - check if your local planning board is following a "local plan" or not.
A "local plan" will outline planning and development targets for towns and villages in the area.
If the 'local plan' is such that new developments are likely to hit over the targets then there is a valid argument for over-development and the ruining of local town/village character etc.

However if the local plan is such that targets are not going to be met the planning board will have a different outlook and will likely be happy to approve new builds - if there are no other strong objectionable points raised.

Objectionable points need to be valid - so it is worthwhile reading up on numerous websites to gain an idea of what passes for a valid objection.

We've found that planning officers are very much close minded and are target driven, and will only listen if there is a valid objectionable point against any new build. If the area is low on new builds then the planning officer will be very much on the side of developers.

To help in your cause, it is very much worthwhile rallying around other neighbours, local councillors and any other person with an interest in the area to also submit objections against the development. (Must be said again however that their objections must be of a valid nature - otherwise planning officers just get bored of reading irrelevant objection text and it then puts them in a frame of mind to favour the developer even more).

In our experience planning officers are fully aware of the 'power' they have over the individuals concerned and affected, and they take every pleasure to see non-valid objections wiped out of the debate. We've never found them to be all that helpful or considerate and we've even suspected a strong whiff of corruption given some of the decisions they have made - even when presented with valid objections.
Its seemingly sometimes just a case of which ever side is prepared to chuck the most money in to the cause that will get a decision in their favour.

So all the best with your fight, hope it works out.

Mr.Chips

Original Poster:

1,239 posts

243 months

Monday 12th August 2019
quotequote all
Thanks for all the responses guys, I’m going to investigate the local plan and see if I can get any further information from that.
The proposed bungalows will only be around 15-20 metres from the back of our properties, as our gardens are not that long. Thinking about it, we all have 6 foot fence panels at the bottom of our gardens, so initially, privacy may not be an issue. However, if the development does go ahead, is there any way we could get conditions put in place to prevent dormers being added in the future, which would overlook our properties?
Mods, if this is in the wrong place, could you please move to Homes and Gardens? Thanks.