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  • FIRST POST
    • JonnyAldridge
    • By JonnyAldridge 16th May 17, 4:53 PM
    • 5Posts
    • 8Thanks
    JonnyAldridge
    Help! Objections to planning permission
    • #1
    • 16th May 17, 4:53 PM
    Help! Objections to planning permission 16th May 17 at 4:53 PM
    Hi,

    Could really use some help objecting to planning permission please!

    I just bought a semi-detached house in York last month and a developer has put in an application to build a house directly next to it (in what is currently a wide side alley) meaning it will be attached to the terrace. So upsetting and annoying!

    I've done some research online and it seems like there aren't many "material objections" that we can make - e.g. based on the visual design not being in keeping with the street.

    Can anyone with experience of this suggest some strong arguments to counter the application?

    It won't let me post a link, but you can see the application here:

    https://
    planningaccess.york.gov.uk/online-applications/applicationDetails.do?activeTab=summary&keyVal=OOY UWASJHZ600

    Thank you!
Page 1
    • Doozergirl
    • By Doozergirl 16th May 17, 5:19 PM
    • 23,546 Posts
    • 65,669 Thanks
    Doozergirl
    • #2
    • 16th May 17, 5:19 PM
    • #2
    • 16th May 17, 5:19 PM
    That link isn't going to work. Can you provide the planning reference number?
    Everything that is supposed to be in heaven is already here on earth.
    • Davesnave
    • By Davesnave 16th May 17, 5:21 PM
    • 22,887 Posts
    • 88,011 Thanks
    Davesnave
    • #3
    • 16th May 17, 5:21 PM
    • #3
    • 16th May 17, 5:21 PM
    It's not clear what you mean and I'm confused.

    Did you buy an end terrace house to which which the developer now wishes to attach a new build?
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • davidmcn
    • By davidmcn 16th May 17, 5:22 PM
    • 5,602 Posts
    • 5,379 Thanks
    davidmcn
    • #4
    • 16th May 17, 5:22 PM
    • #4
    • 16th May 17, 5:22 PM
    That link isn't going to work. Can you provide the planning reference number?
    Originally posted by Doozergirl
    https://planningaccess.york.gov.uk/online-applications/search.do?action=simple&searchType=Application


    and then application number:


    17/00994/FUL
    • davidmcn
    • By davidmcn 16th May 17, 5:26 PM
    • 5,602 Posts
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    davidmcn
    • #5
    • 16th May 17, 5:26 PM
    • #5
    • 16th May 17, 5:26 PM
    So filling in the gap between a pair of semis and an existing terrace of five houses.

    Tim Hatton's objections seem to be along reasonable lines.
    • JonnyAldridge
    • By JonnyAldridge 16th May 17, 5:42 PM
    • 5 Posts
    • 8 Thanks
    JonnyAldridge
    • #6
    • 16th May 17, 5:42 PM
    Clarifications
    • #6
    • 16th May 17, 5:42 PM
    Hi - thanks for posting that link! What do you think?

    Just to clarify, I bought a semi-detached house (number 2 and 4) - the rest of the street on my side is a terrace (numbers 6-12) but there is a lane which used to be access to coach houses behind. Now someone wants to fill in the lane with a new house, meaning that the semi-detached will be part of the terrace!

    Not to mention that they also want to build up against the gable wall of my house - can't believe they can actually do this!
    • JonnyAldridge
    • By JonnyAldridge 16th May 17, 5:46 PM
    • 5 Posts
    • 8 Thanks
    JonnyAldridge
    • #7
    • 16th May 17, 5:46 PM
    • #7
    • 16th May 17, 5:46 PM
    Sorry I can't see Tim Hatton's comments - are they on the planning page?
    Thanks!
    • Fosterdog
    • By Fosterdog 16th May 17, 5:49 PM
    • 3,049 Posts
    • 5,291 Thanks
    Fosterdog
    • #8
    • 16th May 17, 5:49 PM
    • #8
    • 16th May 17, 5:49 PM
    Sorry I can't see Tim Hatton's comments - are they on the planning page?
    Thanks!
    Originally posted by JonnyAldridge
    Yes it is the first (most recent) in the list of documents. Also sensible objections from Mr N Multaney.
    • Red-Squirrel
    • By Red-Squirrel 16th May 17, 6:17 PM
    • 1,509 Posts
    • 4,054 Thanks
    Red-Squirrel
    • #9
    • 16th May 17, 6:17 PM
    • #9
    • 16th May 17, 6:17 PM

    Not to mention that they also want to build up against the gable wall of my house - can't believe they can actually do this!
    Originally posted by JonnyAldridge
    Surely you would have to give permission for any of this work to be done? Do you not own any of the land beyond the wall of your house?
    • Cliveman Pieman
    • By Cliveman Pieman 16th May 17, 8:05 PM
    • 81 Posts
    • 204 Thanks
    Cliveman Pieman
    Better thank Tim Hatton - I know planning lawyers who charge 400/hr plus VAT that couldn't write a more concise representation.
    • Davesnave
    • By Davesnave 16th May 17, 8:21 PM
    • 22,887 Posts
    • 88,011 Thanks
    Davesnave
    Regardless of the planning decision, it's hard to see how the flues of Nos 4 & 6 can be interfered with, if they've been there for 20+ years and a prescriptive right exists

    Messrs Multaney and Hatton appear to know this.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • Chanes
    • By Chanes 16th May 17, 8:44 PM
    • 841 Posts
    • 522 Thanks
    Chanes
    Those objections, as already noted, sound very reasonable indeed.
    • mustang1
    • By mustang1 16th May 17, 10:51 PM
    • 249 Posts
    • 280 Thanks
    mustang1
    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....
    • SnooksNJ
    • By SnooksNJ 17th May 17, 8:52 AM
    • 658 Posts
    • 1,122 Thanks
    SnooksNJ
    Yes it is the first (most recent) in the list of documents. Also sensible objections from Mr N Multaney.
    Originally posted by Fosterdog
    Tim Hatton and Mr. Multaney are awesome. I wish they were my neighbors to object to stuff.
    • cinereus
    • By cinereus 17th May 17, 9:56 AM
    • 2,622 Posts
    • 912 Thanks
    cinereus
    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?
    • scottishblondie
    • By scottishblondie 17th May 17, 10:01 AM
    • 1,953 Posts
    • 1,239 Thanks
    scottishblondie
    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?
    Originally posted by cinereus
    Their comments are somewhat extensive, I don't think copying and pasting them here would be a good idea.

    The website is currently working fine for me.
    • *~Zephyr~*
    • By *~Zephyr~* 17th May 17, 10:03 AM
    • 576 Posts
    • 1,128 Thanks
    *~Zephyr~*
    Tim Hatton and Mr. Multaney are awesome. I wish they were my neighbors to object to stuff.
    Originally posted by SnooksNJ

    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.
    • PasturesNew
    • By PasturesNew 17th May 17, 10:14 AM
    • 59,620 Posts
    • 348,213 Thanks
    PasturesNew
    Here's the spot where they want to build.

    It looks like maybe it was originally built as a terrace, then somebody knocked down one house to get to the back ...

    https://s15.postimg.org/6lwkgiswr/Gap1.jpg

    ai9wcidwc
    • JonnyAldridge
    • By JonnyAldridge 17th May 17, 10:30 AM
    • 5 Posts
    • 8 Thanks
    JonnyAldridge
    Surely you would have to give permission for any of this work to be done? Do you not own any of the land beyond the wall of your house?
    Originally posted by Red-Squirrel
    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...
    • 2013yearofthehouse
    • By 2013yearofthehouse 17th May 17, 10:56 AM
    • 2,073 Posts
    • 37,067 Thanks
    2013yearofthehouse
    The document entitled "SITE LOCATION AND EXISTING PHOTGRAPHS" seems to show number 79 (the house the site accesses at the back for parking) as the applicant (and therefore possible owner or current owner who is looking to sell the land to Trinity to develop it, if planning goes through? [see edit below]).

    If permission is granted, then they should be serving you (and the owner the other side) notice under the Party Wall act, at which point you should definitely appoint a surveyor (RICS registered, preferably a party Wall specialist) who they will have to pay for and who will work in your best interests, as well as providing a detailed account including photos of the current condition of the wall and ensure they rectify any problems afterwards, as well as dictating what they can and can't do, any rights of access, when they can work and how etc.

    How long ago exactly did you buy the house? Was it a quick sale? The drawings are labelled as April 2017, but they may well have been started sooner. This plan could have been in the pipeline a while, I wonder if the previous owners of your house knew about it and got out quick....[see below edit]

    EDIT: Looks like the whole of 79 is to be developed (including the Howard Street alley which is deemed to be part of the site) and the landowner (who has owned it for years and let it deteriorate) and developer have been looking into it for a while, with plans to do nothing until the site could be developed as a whole, which sounds like it includes the Howard Street alley. It was in the local press in February, so the residents have possibly know about the plans (or that something would happen, not neccessarily the exact plans) for a little while. The demolition plans were stopped in March, but maybe they are just trying to go ahead with the alley section anyway.

    http://www.yorkpress.co.uk/news/15089176.Developers_clarify_plans__amid_fears_for_ historic_York_building/

    https://www.yorkmix.com/life/dismay-plan-demolish-part-yorks-history-revealed/

    Demolition has been stopped for now:
    https://www.york.gov.uk/info/20049/planning_advice_and_guidance/1957/article_4_direction_for_79_fulford_road

    https://www.york.gov.uk/download/downloads/id/12817/article_4_direction_for_79_fulford_road.pdf
    Last edited by 2013yearofthehouse; 17-05-2017 at 11:36 AM.
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