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Another planning-objection-help-needed please UPDATE

Strapped
Strapped Posts: 8,158 Forumite
I know that there have been a couple of objecting-to-planning threads recently, and I have avidly gleaned as much as I can from them, but I'd like some specific comments please.

I live in Devon. The people in the 2 bed bungalow next door (and higher up) want to knock it down and rebuild a big 3 bed, reverse level house. I could almost live with that, but they also want to rotate it through 90 degrees so it faces straight at us (or, they would say, over us to the view). It's a very contempory design, with the wall facing us being "extensively glazed" (two huge picture windows at first floor height).

I've started on a letter of objection, but I'd really like comments before submitting it to the planning dept. In particular, I'd really appreciate comments from any planners on the forum - I've tried to stick to addressing individual planning policies, but I don't know whether that would actually put your back up (like I'm trying to tell you how to do your job or something?)

Anyway, here's the letter:

I am writing to object to the proposed development at [Name of plot], X Lane, [Name of village], [Postcode], application ref:[ref no.].

I would like to object on the basis of the following planning policies:
  • Adopted [ ] Local Plan 1989-2001
DC1: Development Boundaries (“saved” policy)

The proposed development is contrary to this planning policy in the following ways:
  • Significant adverse loss of amenity to neighbouring properties
DC1: “Within the development boundaries shown on the proposals map, development will be permitted where…there would be no significant adverse effects in relation to…local amenity.”
.
I live in [Name of] Cottage, immediately to the west of the proposed development site. S’s garden and the existing bungalow on the site are higher than the level of our garden and the ground floor of our cottage. However, there are no existing windows on the west elevation of S, so we are not overlooked.

The proposed development contains large areas of glazing in the west elevation, at both ground floor and first floor level which would mean that the following windows of [Name of] Cottage would be directly looked into: window of master bedroom, window of kitchen/breakfast room, window of reception room (the largest room in the house), windows and glazed door of conservatory/play room. Also, the outside amenity space of [Name of] Cottage is to the front and east side (adjacent to S) so there would be a total loss of any privacy outside.

In addition, the development would, by virtue of its height, width, mass and location, have an overbearing presence and be visually intrusive.

This is an unacceptable level of overlooking, loss of privacy, overbearing presence and visual intrusion, contrary to DC1.

[Names of 3 other properties] would also suffer a loss of amenity.
  • The development is not compatible with the character of the site and its surroundings
DC1: “Within the development boundaries shown on the proposals map, development will be permitted where this is compatible with the character of the site and its surroundings…”

In the Design and Access Statement submitted by the applicants, there are significant inaccuracies in the description of the existing site and context. X Lane is a quiet rural lane, much used by walkers and dog-walkers to access the public footpath across fields at the top of the lane. I enclose a photo, “Photo A”, of the entrance to X Lane from the main village road to illustrate this, although I would also like to request that the planning officer involved conduct a site visit to fully appreciate the area. This would confirm that the size, scale and “suburban” design of the proposed development would be unsympathetic to the local rural character of the area, contrary to DC1.

The Design and Access Statement also asserts that, “nearby development comprises 20th century one and two storey dwellings of differing size and design”. [Name of] Cottage, [Name of another] Cottage and [Name of another] House are in fact all period properties, typical of the Devon countryside, and dating, I believe, from the early 19th century. (There are also several historic, thatched properties on the adjoining village road). These are the only two storey properties on X Lane, all located at the bottom, near the junction with the village road. The other properties on X Lane, located on higher ground, are unobtrusive single storey bungalows that blend sympathetically into the landscape. The proposed development, however, would stand out by virtue of its height, width, mass, design (white rendered walls) and location. It would dominate the street scene of X Lane, especially when entering the bottom of the lane, due to the rising ground and the proposed change in layout so that the main face of the house is to the west. This over-dominance of the surrounding rural scene is contrary to DC1.

The proposed size of the development is inappropriate for the size of the plot, and would result in an inadequate garden for a family home. (Indeed, the applicants themselves state that there is currently “little useful garden space”, yet it is clear from their plans that the development would result in the loss of more garden area than would be gained). Changing the layout so that the property effectively faces west, would also be out of keeping with the other properties on X Lane, which all face the lane. Again, the development is incompatible with the character of the site and its surroundings, contrary to DC1.
  • National policies set out in Planning Policy Statement 1 (PPS1).
PPS1 states that the condition of our surroundings has a direct impact on the quality of life and that planning should seek to maintain and improve the local environment.

The level of overlooking and loss of privacy that would result from the proposed development would have a huge adverse impact on the quality of my life and that of my family.
  • Devon structure plan 2001-2016, CO3: Areas of Outstanding natural beauty, and [ ] Local Development Framework Core Strategy, CS9: Landscape and Historic Environment
CO3: “In designated AONBs, the conservation and enhancement of their natural beauty will be given priority over other considerations. Within these areas, development will only be provided for where it would support their conservation or enhancement…”

CS9: “In designated AONBs their conservation and enhancement will be given great weight.”

The proposed development would be very dominant in the landscape, due to its size and location. As well as dominating X Lane, it would be open to public views from further away (across the valley) and would have a subsequent detrimental impact on the character of the Area of Outstanding Beauty, contrary to CO3and CS9 above.
They deem him their worst enemy who tells them the truth. -- Plato
«134

Comments

  • think about this, living next door to them for years, when they know you tried to stop them , wouldnt you feel uncomfortable?
    1. i'm bi polar.:rotfl:2. carer for two autistic sons.:A 3. have a wonderful but challenging teenage daughter.:mad: 4. have a husband that is insatiable. :eek: 5. trying to do an open degree.
  • Strapped
    Strapped Posts: 8,158 Forumite
    I won't be living next door to them for years. They are serial developers. Even if they weren't, I'd feel more uncomfortable with all my curtains shut!
    They deem him their worst enemy who tells them the truth. -- Plato
  • Strapped
    Strapped Posts: 8,158 Forumite
    I know it's a long letter but I'd be really, really grateful if anyone read it ;)
    They deem him their worst enemy who tells them the truth. -- Plato
  • lincroft1710
    lincroft1710 Posts: 19,548 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Reading this as a non planner you do seem to be spelling out local council's planning policies to people who should be aware of them. If the proposed dwelling offends so many aspects of SHDC planning policy then one would expect the plans to be refused, but I accept that they could be passed. You can say that in your opinion the proposed dwelling does not conform to current planning policy.

    If other properties would be similarly affected it would be better if they made their own objections. As your mother is not resident at your home, there's really no point mentioning her, in any case who else resides at the inconvenienced dwelling isn't relevant. I note your reference to the garden but most newbuilds have tiny gardens these days.

    You've stated very comprehensively how this dwelling would be detrimental to the area and impinge on your enjoyment of your home; in my opinion these are the principal points of your objection.

    I wish you good luck with your objection - luck being the operative word as in my experience what one planner would approve another would refuse.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • As a planner, your letter sounds fine to me! It doesn't hark on about the policies - it just mentions them, which is fine - it shows you have done your research and that you know what you are talking about. I would also keep the reference to the small garden area, as that's a planning consideration. Whilst new builds do have smaller gardens, that doesn't justify a very small garden which is out of character with other dwellings, especially in an AONB.

    The bits about the impact on your amenity and the visual impact on the street scene and the character of the area are just fine!
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I thought your letter was pretty impressive, but I'm glad I got here after PO, who confirms this!

    I've had to do similar letters, relate to development plans etc and always wondered whether I was getting it right. At the moment I'm on the periphery of a boundary dispute, and that's a nightmare too.

    It strikes me that planning objections etc are all well & good if you are youngish, bright, literate, have the Internet etc, but I wonder how those who aren't usually fare. I'd like to believe that the LA would look after their interests, yet recent experience, where Charles Church built some totally inappropriate houses close behind and overlooking some elderly neighbours, leads me to suspect that if no one makes a fuss, things go through 'on the nod,' especially where a large developer is concerned.

    Best of luck with it all anyway.
  • soappie
    soappie Posts: 6,794 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    It's a good letter Strapped. Have you got your local councillors onside and asked for their support? Also, it might be worth knocking on other neighbours' doors and asking for their support as well.
    I am the leading lady in the movie of my life
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    I would imagine that the application would go to Committee, but CHECK! If it's been delegated to a Planning Officer - which is common as there are so many applications to deal with - then contact your local councillor and ask them to "use the call-in procedure" which means that the application will go to Committee.

    This doesn't necessarily mean that the answer to the application will be different - the Planning Officer will submit a report to the Committee with a recommendation to refuse or grant PP - but it does raise the profile of the application. And it means that the Committee will more than likely visit the site to see it for themselves.

    So find out if the application has been delegated and if so, get it called-in to Committee.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • divadee
    divadee Posts: 10,608 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    think about this, living next door to them for years, when they know you tried to stop them , wouldnt you feel uncomfortable?

    i have stopped my next door neighbour building a house in his garden, and i dont feel uncomfortable. why should i?

    it is my right to object to the plans, the council and appeal inspectorate agreed with me, so i have not done anything wrong. Yes the neighbour hates us now, but to be honest i never liked him anyway he was an idiot, and glad to have the peace of him not talking to us. :D
  • Strapped
    Strapped Posts: 8,158 Forumite
    soappie wrote: »
    It's a good letter Strapped. Have you got your local councillors onside and asked for their support? Also, it might be worth knocking on other neighbours' doors and asking for their support as well.

    Our neighbour the other side (the other half of our semi) will be putting in a letter too. Unfortunately, we've been unable to talk to the other occupants of the lane, as they're away over the Bank Holiday. And I suspect that the people in the big house behind won't object, as they've mentioned to us that they believe that part of the land is actually theirs, but they haven't told the applicants, so maybe they are hoping for a payout.

    Re. local councillor - I know that the Parish Council have decided to object, on the grounds of overdevelopment of the site, and overlooking adjacent properties. Disappointingly, though, they also commented that "design is an improvement on exisiting dwelling", which somewhat waters it down! I hope that this is interpreted by the planners as "we support something but not this".
    They deem him their worst enemy who tells them the truth. -- Plato
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