planning permission application query
planning permission application query
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xPOW

Original Poster:

1,015 posts

187 months

Friday 21st January 2011
quotequote all
just wondered if anybody knows the answer to this (not sure if this is best in the home forum). I live in the countryside, and got a planning application letter about somebody nearby who wants to do a big extension to their property. All the immediate neighbours have written in to object. However, somebody over a mile away has written in, in favour of the application, even though it will have no impact whatsoever of them - they won't even see it.

Fairly obvious, but having done a bit of digging, this appears to be friends of the applicant who have sent in a favourable letter to bolster support to counterbalance all the complaints.

The council says that any member of the public can write in about any planning application. Does anybody know if this is true, or whether it's limited to a certain distance? If so, what is to prevent every application being inundated with support from family and friends (other than most people wouldn't ask or be arsed). Do they give equal weighting to every letter?

Overall, is it legal or is this perverting a true and fair application?

Silver940

3,967 posts

251 months

Friday 21st January 2011
quotequote all
The planning decision makers will ignore irrelevant comments.

Laplace

1,091 posts

206 months

Friday 21st January 2011
quotequote all
I'm sure the planners are savvy enough to disregard irrelevant objections.

_Batty_

12,268 posts

274 months

Friday 21st January 2011
quotequote all
xPOW said:
Overall, is it legal or is this perverting a true and fair application?
no such thing.
applications are decided on the personal preference on the planning office on duty in that area.
Apparently this should co-inside with the county's planning guidelines. This is not always the case and even less so when applicants are friendly with planners and suchlike.
To stop it going through, cause as much hassle as you can (lots of letters and pictures etc)

loafer123

16,455 posts

239 months

Friday 21st January 2011
quotequote all
It depends.

The likelihood is that all the neighbours have written letters making general objections, because people writing emotionally usually do. By contrast, a letter of support from a friend is likely to be more dispassionately trying to achieve the aim of permission, and therefore may be put in ways which are more relevant and able to be considered by planning officers/inspectors.

If you want to object (and your use of the word "nearby" makes me wonder why you want to as that implies it won't affect you), what you need to do is work out how to phrase your objections within the planning policies of the local development framework.

Something like "I object to the scale of the extension as inappropriate in line with policy 3-12 of the Local Development Plan 2010" works best.

FWIW, I live in the countryside and couldn't give a toss if my neighbours want to extend, but I suppose it depends how close the extension would be. Do you have a Google Maps ref and a crude drawing on Paint we could look at, so we can see if the neighbours are NIMBYs?

xPOW

Original Poster:

1,015 posts

187 months

Friday 21st January 2011
quotequote all
thanks loafer and others, good words. I am probably the furthest neighbour away, a good stones throw from bottom of my garden. Some neighbours are much closer and impacted more directly. The extension is pretty huge and is converting a small bungalow into a double story house, so it's more an issue of scale, dominance and being overlooked that's the issue, not just a small kitchen extension or whatever. (And the applicants have never discussed anything with any neighbour either which got eveybody a bit irked!)

Even the council have said it 'can't be viewed as a typical extension but moreso as a replacement dwelling'. (sorry, perhaps should have mentioned at the outset) - it's not just NIMBYism going mad cos I generally don't give a toss what people want to do to their properties - my immediate neighbour had their PP accepted last year by all neighbours because it was so much smaller and didn't really affect anybody.

I'm the least affected of the neighbours, but will still be affected in terms of views etc. But my Q was just more concerned with it's allowable that friends and family can unfairly boost support over genuine neighbour concerns. Just seems wrong, but like _Batty_ said, who said planning applications were fair?

(better not place pic just yet as it's still being decided)

m4ckg

625 posts

215 months

Friday 21st January 2011
quotequote all
xPOW said:
I'm the least affected of the neighbours, but will still be affected in terms of views etc.

(better not place pic just yet as it's still being decided)
I'm sure the view is not taken into consideration at all but what are the other objections based on ?

xPOW

Original Poster:

1,015 posts

187 months

Friday 21st January 2011
quotequote all
m4ckg said:
xPOW said:
I'm the least affected of the neighbours, but will still be affected in terms of views etc.

(better not place pic just yet as it's still being decided)
I'm sure the view is not taken into consideration at all but what are the other objections based on ?
agreed on the view, but scale, overbearing, proximity to garden boundary, footprint within plot, privacy/direct views into neighbouring bedroom windows, use of materials (uPVC in the country, nice!), and that it sets a precedence that all bungalows can be converted (when previously that was rejected by council).

loafer123

16,455 posts

239 months

Friday 21st January 2011
quotequote all
xPOW said:
m4ckg said:
xPOW said:
I'm the least affected of the neighbours, but will still be affected in terms of views etc.

(better not place pic just yet as it's still being decided)
I'm sure the view is not taken into consideration at all but what are the other objections based on ?
agreed on the view, but scale, overbearing, proximity to garden boundary, footprint within plot, privacy/direct views into neighbouring bedroom windows, use of materials (uPVC in the country, nice!), and that it sets a precedence that all bungalows can be converted (when previously that was rejected by council).
Likely that all but the last point are irrelevant. If the council has a policy against conversion of bungalows, that will be your potential winning card.

On the other hand, replacement of dwellings is generally allowed, so your argument then would be more about size of expansion. Worth checking out whether the size increase is greater than permitted development rights, which would help you.

The alternative is to speak to the neighbour and work out if there is an alternative scheme which gives them what they want without detrimentally affecting everyone else. Just because they didn't play nicely, doesn't mean you can't try!

m4ckg

625 posts

215 months

Friday 21st January 2011
quotequote all
A friend of mine bought a bungalow in a sought after ares a couple of years ago and built what I'd class as a very large house on ( approx 4500-5000 sq ft ) he went to see the neighbours, showed them the plans showing the size and proximity to the boundary and answered any other questions raised, paid for Sky dishes to be moved etc etc. Both neighbours stopped talking to him saying they didn't realize the size of the house.

Maybe just jealousy


xPOW

Original Poster:

1,015 posts

187 months

Friday 21st January 2011
quotequote all
loafer123 said:
xPOW said:
m4ckg said:
xPOW said:
I'm the least affected of the neighbours, but will still be affected in terms of views etc.

(better not place pic just yet as it's still being decided)
I'm sure the view is not taken into consideration at all but what are the other objections based on ?
agreed on the view, but scale, overbearing, proximity to garden boundary, footprint within plot, privacy/direct views into neighbouring bedroom windows, use of materials (uPVC in the country, nice!), and that it sets a precedence that all bungalows can be converted (when previously that was rejected by council).
Likely that all but the last point are irrelevant. If the council has a policy against conversion of bungalows, that will be your potential winning card.

On the other hand, replacement of dwellings is generally allowed, so your argument then would be more about size of expansion. Worth checking out whether the size increase is greater than permitted development rights, which would help you.

The alternative is to speak to the neighbour and work out if there is an alternative scheme which gives them what they want without detrimentally affecting everyone else. Just because they didn't play nicely, doesn't mean you can't try!
thanks both. will be interesting for sure. it is considerably more than permitted dev rights which I think is around 15-20%? This will over double the footprint and size of property. A lot of the properties neighbouring have children at the same school, so I can see handbags at belltime! hehe

Sam_68

9,939 posts

269 months

Friday 21st January 2011
quotequote all
xPOW said:
Overall, is it legal or is this perverting a true and fair application?
Just to expand on what others have said; it's perfectly legitimate for anyone to submit a public comment on an application (positive or negative), regardless of where they live.

But Planners are only supposed to weigh the application against 'material considerations' (ie. matters that fall within the limited scope of the Planning legislation) and they should do so thoroughly and in an unbiased fashion regardless of public objection/support: the application should be assessed on its merits.

In practice, letters of objection can flag up issues that perhaps the Planner hadn't though of (and letters of support can flag up counter arguments), but if the Planning system works properly and the officers involved are competent (admittedly a very big 'if'), then they shouldn't influence the decision much at all.

herbialfa

1,489 posts

226 months

Friday 21st January 2011
quotequote all
^^^^^^ WHAT SAM SAID ^^^^^

RedWhiteMonkey

8,718 posts

206 months

Friday 21st January 2011
quotequote all
Sam_68 said:
xPOW said:
Overall, is it legal or is this perverting a true and fair application?
Just to expand on what others have said; it's perfectly legitimate for anyone to submit a public comment on an application (positive or negative), regardless of where they live.

But Planners are only supposed to weigh the application against 'material considerations' (ie. matters that fall within the limited scope of the Planning legislation) and they should do so thoroughly and in an unbiased fashion regardless of public objection/support: the application should be assessed on its merits.

In practice, letters of objection can flag up issues that perhaps the Planner hadn't though of (and letters of support can flag up counter arguments), but if the Planning system works properly and the officers involved are competent (admittedly a very big 'if'), then they shouldn't influence the decision much at all.
+1

It's the quality of representations (objections or letters of support) not the quantity that counts.