Best Way To Object A Planning Application? Hes At It AGAIN!! UPDATED 19/06

soappie

Diva,

I'm sorry I missed your angst last night - I was busy. I could put this delicately but I won't - what I want to say is
**** DON'T LISTEN TO THE T*SSER AND DON'T LET HIM GET YOU DOWN ****

He's acting like several characters I've successfully fought in this situation "Oh yes, it's a formality no point in you objecting" The big I,I,I - me, me, me. One particularly nasty individual started doing all sorts of things to someone I was helping.

He wanted to develop on land next to hers and she fought and fought (with my help). He started leaving dead rats on her lawn, damaged an adjoining brick wall. Made verbal threats and so on. There were threatening phone calls, silent phone calls etc. People knocking on her door asking to buy part of her back garden from her. She was a feisty old lady and handled it all very well - with the help of her friends.

Numerous planning applications were lodged and refused. A couple went to appeal and were refused. The old lady fought them all. The final application, for a property much smaller than originally requested was refused. It went to appeal but by then the old lady had passed on and was not around to fight it (though us friends made an objection on her behalf). It did finally go through - but with very severe restrictions and for a much smaller property than the person had originally wanted. I firmly believe that if the planning inspector had had a chance to speak to the old lady about the impact it would have had on her property, it would have been refused.

So keep your chin up, look out for dirty tricks - because there is a good possibility of them starting up and above all - FOCUS. Concentrate on this stage. Get the letters of objection in (mine's in the post this week) and start writing your speech for the planning committee.

You do not need to employ a planning consultant to deal with this for you. There's plenty of free experience around.

Give me a phone Sunday afternoon if you need a chat.

!!!!!!!!!! HUGS }}}}}

Debt_Free_Chick

A little refresher course in planning is called for, I think

The number of objections is not, alone, important. An application could have a thousand and one objections - and still get approved. Another application can have no objections - and get refused.

Refusal of planning permission can only be on planning grounds - objections are not enough. If the refusal is not on planning grounds, then the applicant simply goes to appeal .... the appeal goes along the lines of "there is nothing in "law" which says I can't do this, so I am appealing to you to overturn the Planning Authority's decision".

Development must be within what is permitted by "law". The law, in this case, is essentially national planning guidelines, which are then translated into and supplemented by the Local Development Plan. The LDP is important as it defines how the national planning law applies to the local area - as there is some flexibility. For example, what might be considered to be appropriate in an urban area, may not be appropriate in an AONB or National Park or Conservation Area. Each area has its own unique character and features and the LDP will seek to respect them. The LDP is the planning bible which is written by and adhered to by the Local Planning Authority - the same LPA that decides whether applications in the locality are approved or refused.

Too many objections do not address planning law. They are to do with " personal preference" (I wouldn't do it like that) or NIMBYism (I don't want that kind of thing in my backyard) or simple spite (why should they have an even bigger house) etc .... none of these will make any difference if the application is in line with the LDP.

Having seen the Plans and the LDP, I am 99.9% confident that the application will not be approved - it is contrary to the Planning Authority's own LDP. I think it would be refused even if there were no objections.

For this reason, Divadee - don't be concerned about the number of objections. Your own objection is, IMHO, enough as it clearly points to those parts of the application which are contrary to the LDP. The LPA only need to be told this once - in fact, they don't need to be told it at all ..... as the LDP is, effectively, a checklist. The application has to "tick all the boxes" on the checklist to be approved.

Contrary to what people think .. the LPA can't be bribed, bullied or berated into approving any application which does not "tick all the boxes".

I really don't think you need to do anything else. What will be, will be .... and will be even if you hadn't objected. It's the LDP that matters - not the number or content of objections; and not your presence at the Planning Committee meeting, if indeed you are allowed any more than 3 minutes. For the record, the Public have no right to speak at any Council meeting, including any Council Committee Meeting. Many Councils and Council Committees do, as a matter of courtesy - but not of right - allow the Public to address the meeting, but they can only politely listen to what you say. In law, they cannot allow the Public opinion to determine the outcome of the decision.

By all means do whatever else will make you feel "better" - but I guarantee that anything else you do will make absolutely no difference. The development is either lawful (in line with the LDP) - or it's not.

Best regards

Debt_Free_Chick

Just out of interest - for those who are interested in why & how planning applications get approved or refused - have a look at this one in my Parish.

It's an application to convert a derelict farm into a business unit solely to restore vintage aircraft.

It attracted about 40 objections (note that many are the same "template" repeated by different local residents). Note, also, that the Parish Council objected - as approx 100 residents turned up the Parish Council meeting, along with the local press!!!!!

Note - that the third line of that page states that the decision is "Delegated to Approve". Want to know why?

Well, each and every objection was worthless - as the application fitted with the LDP and the national planning policy (PPS7 - Sustainable Development in Rural Areas) in particular.

Now .... please read the report of the Planning Officer that was submitted to the Planning Committee - pages 81 to 94. In particular, look at the reasons for granting permission, despite all the objections - as all the reasons are cross-referenced to the LDP and PPS7. Reason? The objections were not valid - and the application ticked all the boxes.

In summary - an application will ONLY be refused, if there are reasons for doing so.

divadee

thanks soappie and dfc

since posting i have now spoking to the planning officer again asking if sh had received my letters which she has, and she said that the objections i put in based on the ldp are compelling and in line with the meeting she had with her collegues about this application.

I have gained back my confidence, and stuff him next door, i will fight and fight it no matter what he says.

the planning officer also did say that whenever an application is submitted they would not comment things like 'oh a mere formality' as if it did get refused he could complain about the planning officer.

i have spoken to a planning consulatant fee free as a quick chat, and he basically said there is no point in hiring me as it wont get through he was an honest chap and said im not out to rip you off, i wont take your money for the initial telephone call as the bloke hasnt got a leg to stand on

he said the plot is really to small for any developemtn, and teh council will see that.

I asked about appeal and he said the planning inspectorate will see the ground is not big enough and refuse again in his opinion.

Debt_Free_Chick

divadee wrote: »

she said that the objections i put in based on the ldp are compelling

Well ... gettaway

i have spoken to a planning consulatant fee free as a quick chat, and he basically said there is no point in hiring me as it wont get through

Really?????

he said the plot is really to small for any developemtn, and teh council will see that.

Nnnnnooooooo!!!!!

I asked about appeal and he said the planning inspectorate will see the ground is not big enough and refuse again in his opinion.

Well I never

By George, I think you've got it!! :T

Catblue

Sounds good, Diva.

Just a thought, in the meantime.

Do you own the boundary feature between you and the neighbour (hedge, fence, wall, whatever)? You may need to check your deeds.

Does this boundary clearly show where your property starts and his ends? The reason that I ask is that if he is so desperate for space, he might try to get on with "preparing the site" while awaiting planning permission and attempt a bit of land grabbing.

If he owns the fence/hedge/wall, he may decide to take it down, working under the assumption that the Planning Officer will think he has a bigger plot in which to build (nonsense of course, but he doesn't sound the sharpest person).

Is the existing fence/hedge/whatever in good order? If not, it might be worth thinking about reinforcing the boundary in the interim.

You should take photographs of the current boundary in any case, before any work starts.

divadee

Catblue wrote: »

Sounds good, Diva.

Just a thought, in the meantime.

Do you own the boundary feature between you and the neighbour (hedge, fence, wall, whatever)? You may need to check your deeds.

Does this boundary clearly show where your property starts and his ends? The reason that I ask is that if he is so desperate for space, he might try to get on with "preparing the site" while awaiting planning permission and attempt a bit of land grabbing.

If he owns the fence/hedge/wall, he may decide to take it down, working under the assumption that the Planning Officer will think he has a bigger plot in which to build (nonsense of course, but he doesn't sound the sharpest person).

Is the existing fence/hedge/whatever in good order? If not, it might be worth thinking about reinforcing the boundary in the interim.

You should take photographs of the current boundary in any case, before any work starts.

nope its our fence and we only had it put in about 4 years ago. Its a good strong one i dont know what you call them, but they are the ones with the concrete posts and concrete bottom bits. and then fence panels slide in and out of them.

all the concrete bits are cemented in, so very strong indeed.

its funny you should say about this, as he is doing so much gardening well when i say gardening i mean removing to make his site look bigger. I will laugh if it gets turned down even at appeal as he will be left with a horrible bare garden. :rotfl:

divadee

Debt_Free_Chick wrote: »

Well ... gettaway



Really?????



Nnnnnooooooo!!!!!



Well I never

By George, I think you've got it!! :T

:rotfl: :rotfl: :rotfl:

olly300

divadee wrote: »

nope its our fence and we only had it put in about 4 years ago. Its a good strong one i dont know what you call them, but they are the ones with the concrete posts and concrete bottom bits. and then fence panels slide in and out of them.

all the concrete bits are cemented in, so very strong indeed.

As long as he knows it. Keep an eye out.

its funny you should say about this, as he is doing so much gardening well when i say gardening i mean removing to make his site look bigger. I will laugh if it gets turned down even at appeal as he will be left with a horrible bare garden. :rotfl:

He can turf it before he sells the property and put in plants in character. That is if he has any money.

divadee

oh my god i am livid.

just had a neighbour round and the t*sser next door has been round to her, claiming that we are bitter as we wanted him to buy our land!!!!

we have constantly refused his offers for our land for the past 2 years and now he has gone round telling everyone that we only started our campaign as we wanted him to buy our land and he refused.

should i go round there and ask him about this?

i am so livid that i want to have it out with him, but mr divadee said just leave it.

He also lying by going round telling everyone that so and so is supporting when they are blatently not. He told one neighbour that anotehr neighbour was supporting it, when she has just handed me her objection letter.

What can i do, i dont want people to think i am bitter about it when i am not. should i have it out with him now?