[Archived] Planning Application

[Boner]

Hi all.

Just wondering if anyone had any experience with planning applications, in particular writing letters objecting to them. I'm looking for some keywords or phrases I could use that would tick the boxes for opposing an application.

A bit of info:

The rear of our house faces northeast and slopes quite steeply upwards. There is some "waste" ground there (actually a small wood, but has been encroached upon over time) owned by a developer. Our view is framed on the right with some new houses he's already built, and on the left with a large public building. This guy wants to fill in the gap with 2 new houses and an access road. My main objections to this are that our daylight will be severly blocked at the back, and the actual contruction will be unsightly and noisy.

Some key points:

This is a renewal of a previous application which was accepted but never acted upon.

We're in a "preservation area". Not 100% sure what this means but I think the trees on the "waste" ground are protected in some way.

For the last house he built on this land he just cut the trees down on a bank holiday weekend and paid the fine.

The last time he put this application in one woman on our row obected and he went round to her house and, while not actually threatening her, was very aggressive.

tl:dr need help rejecting a planning application, developer is an aggressive tool.

Thanks in advance

[Paul]

You may need to prepare for the worst, objections generally carry very little weight unless based on a legal point and even then if the applicant can show the issue has been addressed another application will succeed.

The point about the actual construction being noisy and unsightly is irrelevant in planning terms. The light issue is important and I believe is enshrined in law. You will need to be factual and demonstrate the effect. I think regulations exist which provide detail on heights, distance etc. from adjacent properties.

[thebigguy]

yeah the "right to light" is probably your best option but could add about the trees if any are planned to be cut down if not then cannot use that as a objection.

First thing would be for you to actually see the application and make note of the heights, distances, etc. If you cannot have a copy. Secondly would be to look into the actual right to light.

Once done your information gathering then its time to work out if you will have any reduced right to light.

Lastly if the buildings are at top of a slope you could suggest that there could be a risk of the slope subsiding/sliding(Relates to the shear plane for the slope). Then the developer would have to get a geotechnical engineer involved to prove that it doesn't or for him to show that the risk is very low .

Two quick general right to light info for you to look at

http://en.wikipedia.org/wiki/Right_to_light

http://www.123plans.co.uk/pdfsfolder/residentialextduidelines/rightstolight.pdf

[Flopsy]

Try and get a road safety aspect into it as well

[Ricky]

Speak to your local councillor. I know with the Planning Committee I clerk the Local Ward Member has the option to refer applications to the Planning Committee. It's a good opportunity to have your say and get your point across.

[Boner]

Thanks everyone. I'm going to knock a letter together including the above and get in touch with my local councillor. I'm not confident but at least I'll have tried.

Cheers.

[jim mk2]

The rear of our house faces northeast and slopes quite steeply upwards. There is some "waste" ground there (actually a small wood, but has been encroached upon over time) owned by a developer. Our view is framed on the right with some new houses he's already built, and on the left with a large public building. This guy wants to fill in the gap with 2 new houses and an access road. My main objections to this are that our daylight will be severly blocked at the back, and the actual contruction will be unsightly and noisy.

Sorry to be the bearer of bad news but in my experience "right to light" is not a reason to reject a planning application, although of course individual cases are different and planning officers might see in your favour. The same applies to "unsightly and noisy construction".

Be aware also that even in the unlikely event that planning officers reject the application, the developer can go to appeal and outside planning inspectors usually wave plans through. Objectors cannot appeal against the decision.

[colin]

Boner,

First off I'm not at all sure what a "protection area " is. A "conservation area" is something specific, perhaps you need to find out..

Second, no trees are protected unless there is a specific "Tree Preservation Order" on them. Check with your local planning authority. It's unlikely unless trhe trees are of a decent age & look really good.

Third, your local planning authority should have a Local Development Plan which says what can be built & where. I've been out of planning for a couple of years so maybe the slug know as Eric Picles has abolished them.

I can endorse a poster above who suggested that you contact you local Councillor. He or she will be able to contact the planning department of your local authority and lobby on your behalf. It may be that thye planning department has delegatd authority to make the decision, or it nay be that the decision has to go to Councillors.