Objecting to a planning application

musey

Hi Guys

I am after some advice on behalf of my mother.

In essence a neighbour has put in an application for planning permission (outline) on a plot of land next to her bungalow. The plot is very narrow so she imagines that they will want to build right up to her boundry thus overshadowing her house and affecting it's value. The application is for a single detached dwelling house but no other details with it being outline.

Planning is not an area I know very much about and wonder if the learned folks here can advise or point me in the right direction of any sites that detail what are valid reasons for objecting to a development.

The road in question is a quiet cul de sac with a school at the end, the majority of the residents are of pension age the properties opposite my mom's are all single story sheltered housing bungalows (my mom's is a dormer bungalow)

If I have missed any info that would matter, all help would be gratefully received as she's worked herself up into a right tizzy already.

Mods if you feel there is a better place for this please feel free to move it.

thanks in advance.

bring1t

My partner is a planning officer and this is what she's got to say:

Firstly, unfortunately loss of property value cannot be regarded as a material consideration in any planning application. The key issues that would be considered in the determination of the application are the principle of building on the plot of land, i.e. would it provide adequate amenity space for the proposed property and leave enough for the original dwelling, is the property in a green belt location? Mew properties in Green Belt locations are rarely approved. Would the proposal result in a cramped form of development resulting in an over-development of the site?

A key consideration is whether the proposed dwelling would be in character with the surrounding streetscene. From what you have said I would imagine that a bungalow rather than a two storey house would be more appropriate in this instance and the planning officer would recognise this and probably attach a condition restricting the height.

Other key issues, include the impact on neighbouring properties particularly in terms of overlooking and overshadowing. This is difficult to assess at an outline stage but the officer would need to determine whether a house could be located on the site without having an impact. If habitable room windows are present in the side elevation of your mother's house i.e lounge, bedroom, greater weight would be placed on this.

My advice to you, would be to make an appointment to see the planning officer or ask them to come and visit you on site and discuss the plans and issues. If the outline application is approved this would need to be followed by a reserved matters application within 2 years detailing the siting, means of access, landscaping, design and external appearance and neighbours would be re-notified and given another chance to comment/object.

I hope that this helps.

Doozergirl

You should visit the local council's planning department to see the plans and make your comments in writing before the end of the consultation period which will be stated in the letter your mother should have received if she lives next door to the site, otherwise, it will be stated on the notice. If you call ahead, you can probably make an appointment to obtain more information from a planning officer who will probably be able to reassure your mum a bit; Most of the anxiety caused by planning applications is the unknown! It is highly unlikely that the planning authority would allow anything more than a dormer bungalow to be built if that is what the cul-de-sac consists of.

You can object for several reasons, the fact that the house may be overshadowed is relevant, but the fact that your mother's property may be devalued is not.

The relevant issues may include the following:

The Development Plan
Government planning guidance
Highway safety and traffic
Noise, disturbance and smells resulting from the proposed development
Design, appearance and layout
Conservation of buildings, trees and open land
Impact on the appearance of the area
Effect on the level of daylight and privacy of existing property
Need to safeguard the countryside or protected species of plant or animal
Planning case law and previous decisions
The need for the development
Planning history of the site

EDIT: sorry rm-lewis I didn't mean to undermine anything you said, it just took me ages to write out my reply between eating cake!

seven-day-weekend

I also worked in Planning in a previous life (in Enforcement) and would agree with what the other posters have said.

musey

Thank you very much, I will print off the posts and talk to mom about them.

Quick question, is now the time to contact the planning officer to request a meeting to discuss our concerns?

I have it in my mine they are going for outline permission and then will sell the plot.

musey

Hi Guys

I've been up and passed the info onto Mom, I have a couple of other questions if you can help me with them.

1. Is there any legislation or regulation that governs how close a new development can be to the boundry of existing properties?

2. Any suggestions on how best to word a letter of objection based on loss of privacy, loss of light, overshadowing and parking problems?


Thanks again

Musey

Doozergirl

I suspect in your case that they will be able to build right up to the boundary line without touching any of your mum's walls or boundary fence. No guttering or any part of the building should overhang into her land.

If there are no plans then it's a bit hard to object to privacy and light issues if you don't know that they exist. Privacy issues would be addressed normally by insisting that any windows facing your mum's house are opaqued, not by rejecting the application. Also light probably wouldn't be much of an argument for you if it is going to be a bungalow (you don't have an entitlement to light to the garden BTW, only the house.

There is generally a rule that a new build will require a certain number of parking spaces in order to get permission. You can check with the planning department.

If you're writing then at this stage I would just write saying that you are voicing your concerns over the issues you've mentioned to us. To be honest, if I were in the same situation I'd be making an appointment to see a planning officer to talk about how the new development is likely to affect you and maybe even to get an idea of what they would allow, if anything. It may help put your mind at ease. I suspect that Planning would like to see things written that are relevant and not waffling in order to deal with them efficiently, so the best thing to do would be to ask!

musey

Thanks Doozergirl that's what I thought but wanted to check as mom is getting all stressed (bless her) the plot in question is very narrow (sandwiched between my mom's and her next door neighbours and is currecntly part of the back garden of a proprty in the street behind. She is worried as she has a conservatory at the back and she thinks the property will be 'deep' as it can't be wide thus cutting off lots of light to her conservatory.

She has spoken to the planning officer who is going to do a site visit to look at the plot as mom told her how narrow it was.

Any idea on whether a new development would need to have a path down 1 side to the back of the property or not? And if so any idea on how wide?

Thanks again people.

marybishop

If they are going right up to the boundary line then they should be serving line of junction notices and any other relevant notices under the Party Wall Act. Planning officer might mention this but they are not able to advise - if you have concerns about this you will need to speak to a Party Wall Surveyor. If and when that time comes phone the RICS Contact Centre to get the name/number of a PW Surveyor in your area for some advice.

Debt_Free_Chick

musey wrote:

Hi Guys

I've been up and passed the info onto Mom, I have a couple of other questions if you can help me with them.

1. Is there any legislation or regulation that governs how close a new development can be to the boundry of existing properties?

If all the work is taking place on their land, then there's nothing you can do. AFAIK the Party Wall Act only covers a situation where you share a strip of land or if their work means that they would (temporarily) encroach on your land (including any boundary).

I'm building right up to my boundary, but my scaffolding is on my neighbour's land. I didn't use the Party Wall Act (PWA) but simply agreed the arrangments with my neighbour.

I don't think you can withhold consent to (temporary) access to your land, even if the neighbour used the PWA.

2. Any suggestions on how best to word a letter of objection based on loss of privacy, loss of light, overshadowing and parking problems?


Thanks again

Musey

I think the best thing is to say what you think. But you should be aware that, from a Planning point of view, you have no right to light or privacy. Parking might be an issue, but this can be solved by a drive or a garage.

I know these things are difficult - (really, I do know. I am a Parish Council Clerk and we are consulted on Planning Applications) - they are difficult, but you really need to ask yourselves what you are objecting to. Will the windows of the new building look directly into your property (seriously ... will they?) Will you really, really suffer a loss of light? If they include provision for a garage, will there be parking problems?

Planning exists in order to help people build the right properties, in the right place. Planning try to make things happen - it's unusual that they refuse permission, if the application "ticks all the right boxes".

HTH