Help! Objections to planning permission

Copy and paste the sensible objections already lodged. Planning permission can still be granted but whether or not a developer can legally implement that on the ground is a separate issue. There will likely be party wall issues / rights of light that they will need to overcome....

Is it me or has the York planning site been down all of last night and this morning?

Please could someone copy and paste Tim Hatton's & N Multaney's comments?

SnooksNJ wrote: »

Tim Hatton and Mr. Multaney are awesome. I wish they were my neighbors to object to stuff.

Agree with this. Take them both out for a pint!

On another note, who owns the 'lane' and when did they buy it? The application form says that the previous owner used it for parking and there is a box that should have the date that this changed (i.e. the date it was sold) but the Architects have left it blank.

Do you know who the previous owner was and when they sold it? I'd be inclined to give them a thick ear!

It would be useful to you to find out the history of the site. Was there once a house there that was demolished to give access to the houses behind? I assume they were built on gardens?


I can't see this getting through planning, to be honest. The Architects aren't particularly bright, considering they submitted a half-!!!!!d application.

JonnyAldridge wrote: »

No I don't own the land directly next to the wall - and apparently the Party Wall Act 1996 gives them a right to build directly against it (provided they get planning permission). Apparently all I can do is appoint a surveyor...

It might be that they can get planning permission for this, although I don't think the planners would like it at all in my area as the scale of the house isn't identical to the neighbours. If it doesn't fit perfectly into the street scene, it wouldn't be approved.

Your neighbours have made good representations, but I would read all the local planning guidance here:
https://www.york.gov.uk/info/20051/planning_policy/666/supplementary_planning_documents
They may have similar guidance to my local authority. I can't imagine York being a lackadaisical about planning, given the heritage of the place.

Phone the planning officer and ask them what their opinion is. If they have concerns, put them into your own objection.

Do you have a right of way across the land in your deeds? This needs to mentioned, although it may become a civil matter later and not affect the planning decision. As well as your flues.

*Most importantly* contact your local ward councillor and ask them to come to your house to look at this application and request that it is "called in" to the planning committee should the planning officer be "minded to approve". This will provide a hurdle to the applicants. Planning committees are made up of local councillors, who are often over 70, wear tweed and hate the idea of building anything anywhere, ever. They can vote against the planning officer on occasion and halt or at least delay the process. You need to get a shift on with getting it called in. Planning committee does not happen automatically - small applications are usually decided by the planning officer alone - so you must push to it does.

If this does succeed, you need a really good party wall surveyor to fight your corner. Whilst they are allowed to build on the party wall, you would be entitled to defrayed costs for your wall - which means you should receive compensation in the form of 50% of the cost of building the entire party wall at today's rates.

There is also the rather antiquated 'right to light' which is acquired over time. This is not the same as the right to light provided by the planning process, it is more onerous. Party wall surveyors may have some knowledge of it, but an assessment would need to be made as to which rooms in your house would miss light through the building of the extensions. There is the potential of gaining an injunction to prevent the building of extensions, but in reality there might be some compensation in it, although the legal costs need to be assessed against the potential financial gain. It's quite a cynical law, especially when complainants often have the luxury of identical extensions to the ones they complain about!

If they did get planning permission, it sounds like there are so many civil issues with rights of way etc. that by the time they've paid everyone off, there might be little financial incentive to build.

Good luck!