Another planning-objection-help-needed please UPDATE

Strapped

Thanks for the advice everyone. Have now submitted my letter, and my hubby has done a separate one including concerns about excavating near to a stream. There has been one other objection so far, from someone who lives in the village but not on our lane. We know two other neighbours will also be objecting and we will all be contacting the district councillor on Mon. (The applicants have upset the people behind by starting to clear the site - they cut down a large tree which didn't belong to them, and were less than willing to listen when the people pointed out that they were planning to build on their land. I guess they are not planning to stick around, so don't mind burning bridges.)


Fingers crossed.

Kavanne

Good luck, Strapped. Hope the decision is what you want!

kj*daisy

It's a good letter. If the development is out of character with the area, definatly get you local councillor involved. Good luck.

neverdespairgirl

Oblivion wrote: »

What is so terribly wrong about the system is that some bureaucratic unelected Planning Inspector, who lives in a totally different part of the country to us, has overturned a unanimous decision made by elected councillors who understand the needs of this area.

I'm not saying anything about the merits of the decision in your local area.

But there is a problem with the planning process. Most places don't want new homes built in their back yard, and if it were an entirely local decision, there is a risk that very little would be built.

Debt_Free_Chick

Oblivion wrote: »

What is so terribly wrong about the system is that some bureaucratic unelected Planning Inspector, who lives in a totally different part of the country to us, has overturned a unanimous decision made by elected councillors who understand the needs of this area.

The whole appeal process is anti-democratic and takes insufficient account of the wishes of the local electorate and their elected representatives. You might just as well put Robert Mugabe in charge!

Dave.

I've resisted replying as it's very difficult to change entrenched views, but for the benefit of other readers/lurkers.

The Planning Inspectorate staff work full-time in Town & Country Planning, applying the law, which includes National and Local planning policies. Local Planning Policies are those adopted at District/Borough Council level - after consultation with the local residents. Local Councillors are elected lay-people with no knowledge of planning law/policy.

Planning policies set relatively clear guidelines as to the type of development that is likely to get planning permission. Indeed, the letters that either grant or refuse of planning permission MUST include a reference to the policies on which the decision was based.

Local Councillors - like residents - can object all they like to a planning application, but it must be demonstrated that the application is contrary to the planning policy. If this system did not exist, then it would be a "free-for-all" with applications getting passed simply because "local councillors liked it" and not - as the policies state - that it is considered suitable and complimentary to the local area.

In any event, local councillors - who make up the Planning Committee at the District/Borough Council - will have received a recommendation from the Planning Officer at the Council. It's a brave Committee that goes against that recommendation - and it's almost certain that the applicant will go to appeal. Reason? the Planning Officer is professionally qualified in Town & Country Planning and knows the law and policies inside out.

Is the system perfect? I doubt it - what system is?

I think it also depends if you are an applicant or a resident with a particular axe to grind

My experience is as a Parish Council Clerk where I saw my Parish Council make a number of decisions - to support or object applications - which had no regard to the planning policies. They were then "surprised" that applications they objected to were granted - or those they supported were not.

My favourite, in our Parish, is the application that had in excess of 40 objections and the "mood" at the Parish Council Meeting was such that the meeting came very close to be adjourned for Public Order reasons !!!!! Here's the application with all the objections listed (some of them personal attacks on the applicant :eek: :eek: :eek: )

View Application and all comments

And the Planning Officer's report and recommendation on pages 78-87 of this document. Note, that there are 23 conditions but that each one refers to a Planning Policy.

Is it perfect? Maybe not, but if you get refused planning permission, you will know why. And if you are thinking of applying, make sure your plans fit with the policies.

The Planning Inspectorate is there for cases where the applicant believes that the Council's decision is wrong ... for example ... where the Planning Committee goes against the Planning Officer's recommendation. Or where the Planning Officer's interpretation of the policies appears to stand a good chance of being challenged. In either case, it's an impartial decision based on the planning policies, although all comments made in respect of the original application are considered. You can make a representation to the PI regarding an appeal, whether or not you commented on the original application. So there's every opportunity to "have your say", but what you say needs to relate to the planning policies - not personal views as to what you think might "look nice".

Regards

Oblivion

Debt_Free_Chick wrote: »

I've resisted replying as it's very difficult to change entrenched views, but for the benefit of other readers/lurkers.

The Planning Inspectorate staff work full-time in Town & Country Planning, applying the law, which includes National and Local planning policies.

Unfortunately, the National Policies come down from a government hell bent on building new housing to accommodate the results of their failed immigration policies, and which have precious little regard to preserving what was once a beautiful country.

Debt_Free_Chick wrote: »

Local Planning Policies are those adopted at District/Borough Council level - after consultation with the local residents. Local Councillors are elected lay-people with no knowledge of planning law/policy.

What an outrageously contemptuous statement. The councillors who sit on our local planning committee have made it their business to acquire a good working knowledge of planning law and policy, so that they can carry out their duties effectively. As a retired Chief Officer from a leading London Borough, I've often been critical of individual councillors myself, but I would never dream of making such a generalised statement as you have. The councillors who sit on our local Planning Committee have impressed me greatly with their knowledge and expertise.

Debt_Free_Chick wrote: »

So there's every opportunity to "have your say", but what you say needs to relate to the planning policies - not personal views as to what you think might "look nice".

Regards

And that is precisely what is wrong with the current system. It limits objections to specific categories that suit the government's failed policies. The current planning laws have very little regard to quality of life.

If you don't mind, I would actually like to live in a country that does "look nice". Is that really too much to hope for?

Dave.

planning_officer

I've held my silence long enough - I completely disagree with 'Dave' in the strongest possible terms. I appreciate the system is not 'perfect', but unless there are national policies and importantly, planning decisions are based on policies not sentiment, then the system would be far less perfect!

I utterly disagree with your statements: "(national policies) have precious little regard to preserving what was once a beautiful country" and "And that is precisely what is wrong with the current system. It limits objections to specific categories that suit the government's failed policies. The current planning laws have very little regard to quality of life."

Rubbish!!! The current planning laws have, (a) a high regard for quality of life (have you actually read PPS1 and PPS3???); and, (b) DO preserve the natural beauty of the countryside - the cynic in me would say that, perhaps as an ex-employee of a London Borough (not sure what you mean by "leading" - they all have equal standing and status), you may not have seen much evidence of the protection of the countryside.

As an employee of an LPA covered by Green Belt and AONB, I see first hand every day how our local policies (and national ones) DO protect people's quality of life and the countryside/environment. Not only that, we have a fantastic success rate at appeal, with Inspectors upholding the reasons for refusal on the majority of appeals.

I respect your view, but if you don't mind me saying, it sounds like you have quite a bitter attitude towards the planning system - which comes across as more of a political rant than a solid objection on specific planning grounds. I suspect if we were discussing any politically-related topic, the tone of your objection would be exactly the same.

Oblivion

planning_officer wrote: »

I respect your view, but if you don't mind me saying, it sounds like you have quite a bitter attitude towards the planning system ...

Yes I do, and we'll just have to agree to disagree.

Dave.

Strapped

I'm just trying to work WITHIN the system, not change it (for now, anyhow...)

Oblivion

Strapped wrote: »

I'm just trying to work WITHIN the system, not change it (for now, anyhow...)

And I sincerely wish you good luck ... and that is quite simply what the current planning system boils down to ... a lottery needing loads of LUCK.

Luck, that you'll get a local council planning officer that is giving more thought to your objections than he is to his future pension or to the back-hander he's about to get from the applicant's agent who is an an ex-council planning department employee and retains connections with the current planning department (real world scenario in our case and now sub judice).

Luck, that if it goes to appeal and you are lucky enough to get an officer assigned to the case who isn't intimidated by the government's edicts on new build at any cost to the environment (we lucked out at this stage, as have many others).

Very, very good luck in your encounter with a totally corrupt system.

Dave.