My neighbour wants to build stables/sand paddock on green belt land. WHAT CAN I DO?

Fire_Fox

What are valid planning grounds?

The Council can only determine applications on valid planning considerations. Comments made outside the scope of valid planning grounds cannot be considered.
Valid planning grounds include:

• Impact on the character or appearance of an area, including design, materials and appearence
• Compliance with National, Regional and Local planning policy
• Traffic and Highway safety issues
• Environmental issues, including noise and air quality
• Privacy Issues - Overshadowing, overlooking or loss of privacy
• Impact on employment and the local economy

Examples of common representations that are NOT valid planning grounds:

• Effect on private property values
• Loss of a view across somebody elses land
• Personal issues with the applicant
• Moral arguments, eg. betting shops or casinos encouraging gambling
• Disturbance during construction
• Private rights of way
• Land ownership or boundary disputes
• Matters covered under other legislation, eg. opening hours covered by premesis licences, littering

Planning grounds can still cover a wide range of issues and, by law certain matters must be taken into account:

• Government Advice as set out in circulars and planning policy guidance notes.
• Lancashire County Council Structure Plan
• Local planning policies - Lancaster District Local Plan and supplementary planning guidance (SPG) notes.
• Other planning issues:
  • Comments from consultees
  • Comments from neighbours based on valid planning grounds

http://www.lancaster.gov.uk/planning-environment/planning-permission/comment-recent-planning-applications/


Planning Constraints
http://www.lancaster.gov.uk/planning-environment/planning-permission/planning-constraints/

Lancaster District Local Plan
http://www.cartogold.co.uk/lancaster/text/00cont.htm

Grrra

Hi, There are, 'some' assumptions - justified. The person has built a paddock (planning permission?). She is a business woman, a qualified horse trainer and judge for competition horses. We are concerned that the proposed development is for commercial purposes, and the applicant will start a stud farm, train other people’s horses on the premises or form a livery yard. The land is agricultural and should be classed as being in a green belt and not considered for development The site is in a location where there has been no development at all for a number of years and as such development would be out of keeping. The land is also appreciated for its openness and the development will be a loss to the area and detract from views. Is this enough to raise an objection?
Greg

Grrra

Hi, Firefox - you are a star!
I have also come up with the following statement: The impact of the development on the neighbours would breach Article 8 of the European Convention on Human Rights, which relates to rights to privacy and family life.
I wonder if this would be a valid argument?
And thanks very much!
Greg

Fire_Fox

As I said earlier:

Fire_Fox wrote: »

You need to research council policy and quote that in your letter of objection.

DVardysShadow

Gregoryl wrote: »

Hi, In response to DVardysShadow, you should have noted that I requested help/advice with, 'something more definite'. I am fully aware (as previously mentioned) that just objecting to the lowering of house prices is not grounds for refusal - and we are NOT objecting to that.
Again we are looking for help, support and guidance.
Greg

The fact is you don't like it [which is OK]. But if you can't articulate reasons for yourself, do you really have anything substantive which you object to? If you had said "I don't like it because of X Y and Z, can anyone help frame this as a valid planning objection", I could see some point. But just to describe the plan and ask the internet for help in thinking up some objections is not the right way to treat the person planning the development.

Zelie

Gregoryl wrote: »

Hi, Firefox - you are a star!
I have also come up with the following statement: The impact of the development on the neighbours would breach Article 8 of the European Convention on Human Rights, which relates to rights to privacy and family life.
I wonder if this would be a valid argument?
And thanks very much!
Greg

Complete rubbish. While I appreciate you don't want a yard on your doorstep you should refrain from getting carried away with yourself. Stick to objections related to PLANNING and the impact the proposed build will have on the community, environment etc. Don't just fish out every law you've ever heard of and try to adapt that to fix your problem. Use the laws specifically designed around the issue.

googler

Fire_Fox wrote: »

What are valid planning grounds?

Valid planning grounds include:

• Impact on the character or appearance of an area, including design, materials and appearence
• Compliance with National, Regional and Local planning policy
• Traffic and Highway safety issues
• Environmental issues, including noise and air quality
• Privacy Issues - Overshadowing, overlooking or loss of privacy
• Impact on employment and the local economy

As previous posters have said; you need to research the local plan for your area, and for the green belt, and establish if the plan applied for is contrary to whatever is set out in those plans. If so, the council should be predisposed to refuse the application, unless other considerations can be found to take precedence.

Floodlighting would appear to be grounds for objection if the floodlit area abuts the bottom of your garden, on privacy grounds, as suggested above

The construction of this paddock with floodlighting would appear to alter radically the character or appearance of the area, as above.

Whether it complies with national or local planning policies you need to establish by reference to the council's local plans etc

There would appear to be noise issues, since I can't imagine a number of horses running/cantering/galloping around a paddock doing it quietly.....

There may be access issues, and issues around increase in traffic to and from the site that could form valid grounds for objection.

You could have a chat with a local planning consultant as well - someone independent from the council, who might offer sage advice on objecting to this appln....

googler

Call me a cynic if you will, but I think there might be mileage in researching who is on the planning committee of your council, since they'll be the ones who will 'determine' the fate of it, and cross-referencing them to the businessman/woman submitting the application.

If any of the committe have connections to, or shared business interests with, the applicant, and you suspect that the appln is being favoured despite valid objections, next stop is the audit committee at the council.....

Grrra

Hi, Once again Firefox your help is appreciated.
I have found the following;
Policy L3 in the UDP regarding horses, stabling and riding facilities states that stable blocks, loose boxes and other essential buildings and associated works connected with equestrian activities will generally only be permitted if the siting, scale and form of such developments would not harm the visual amenities of the Green Belt, be detrimental to the amenities of adjoining residents, screened by landscaping and/or existing buildings, would not impact upon nature conservation and would not result in an unacceptable intensification of horse related activities.
Regarding the reply to: The impact of the development on the neighbours would breach Article 8 of the European Convention on Human Rights, which relates to rights to privacy and family life. This was used to refuse planning permission on a farm (Name I can supply). I have no intention of being drawn into an argument, but far from being, 'rubbish' the laws are there for a purpose - if not why have them.
Once again, I reiterate, help/advice/support is appreciated.

Grrra

Hi Googler - just like Firefox - you are a star! You have both given us some valuable advice which we will act upon - as soon as the council offices open on Tuesday. And we like the idea of someone independant from the council who we could talk to.
Much appreciated!