Scotland: New Build Planning Application: Help/advice needed to object.

Grrra

Land adjacent to us with outline planning approval for a new build house, was recently sold.
https://wam.highland.gov.uk/wam/applicationDetails.do?activeTab=relatedCases&keyVal=PBHIE1IHIGX00
The new owners of the land now intend to build a house 3 to 4 times the size of the original application.
https://wam.highland.gov.uk/wam/applicationDetails.do?activeTab=documents&keyVal=PBHIE1IHIGX00
We were quite happy with the original but are horrified with the new proposal. We understand that we are not entitled to a view but this new development is massive !!!8211; taking over virtually the whole plot.
Can anyone help/advise on how we would go about objecting to this new build, which incidentally is in a designated, '[FONT=&quot] National Scenic Area'.[/FONT]

Thank you and take care.

davidmcn

Your links were specific to your session on the website so no longer work, you'll need to give us the reference numbers for the applications.

molerat

Possible objection points :
Out of character with surrounding buildings.
Visual impact on scenic area.
Overpowering presence in surrounding area.

Grrra

Opps! So sorry. Thought I was being smart.....

Ref. No: 16/03168/PIP - Erection of House Planning permission granted in principle - September 2016.
Ref: 18/03162/MSC | Erection of new house & garage,13A Coast Poolewe. Highland Council.

It seems to me that the height of the new build will be around the 25ft mark.


Hope that helps and thanks very much for getting back to me so quickly.
Take care

ProDave

You can only object where it fails planning policy.

Your best bet in my opinion would be drainage. The previous application had a condition that drainage details were to be submitted. I don't see those details with this application.

A 4 bedroom house will have to have a drainage system sized for I think 7 people. They need to prove the ground is suitable as a soakaway (a percolation test has to be done) and then from that they need to calculate the area of land required to provide sufficient soakaway area, taking into account building regulations that stipulate how far a soakaway must be from a building and a boundary.

My gut feeling is they will struggle to prove a viable drainage system for that house on that site.

Base your objection on that and force the applicant to provide a drainage plan.

Remember also it is possible to get planning permission for a house that is impossible to build. Building control will not issue a building warrant until they are satisfied that the scheme proposed meets building regs.

I believe you are right that a smaller house, with a lower drainage requirement, and more land to provide it would be better.

System

They will just condition the consent for drainage, it's not going to stop a house getting built, there's always a way to achieve compliant drainage and the planners really aren't interested in it...
As it's a msc application you really don't have a lot of scope to object, basically all they are doing is discharging the conditions of the previous consent so, it will only be rejected if it doesn't meet the already approved conditions (and if it doesn't they may have to submit a new detailed application)

Grrra

Hi, many thanks indeed for all your responses !!!8211; really appreciated!
Doesn!!!8217;t sound too hopeful...
But, I will follow your advice and object on the, !!!8216;drainage!!!8217; grounds.

The pictures certainly (in my opinion) agree with the statements what, !!!8216;molerat!!!8217; has said:
Out of character with surrounding buildings.
Visual impact on scenic area.
Overpowering presence in surrounding area.

I thought, perhaps naively, that the sheer size (massive footprint) of the new application build compared with the original would have been a reason to object? Guess, my wife and I are clutching at straws.

Take care.

davidmcn

Grrra wrote: »

Hi, many thanks indeed for all your responses !!!8211; really appreciated!
Doesn!!!8217;t sound too hopeful...
But, I will follow your advice and object on the, !!!8216;drainage!!!8217; grounds.

The pictures certainly (in my opinion) agree with the statements what, !!!8216;molerat!!!8217; has said:
Out of character with surrounding buildings.
Visual impact on scenic area.
Overpowering presence in surrounding area.

I thought, perhaps naively, that the sheer size (massive footprint) of the new application build compared with the original would have been a reason to object? Guess, my wife and I are clutching at straws.

I don't think the in principle application includes approval of any particular footprint. I know there is a rectangle shown on the plan in that application, but that doesn't restrict the size of the detailed application - it's just consent in principle for "one house, detail to be worked out later".

ProDave

the_r_sole wrote: »

They will just condition the consent for drainage, it's not going to stop a house getting built, there's always a way to achieve compliant drainage and the planners really aren't interested in it...

The planners may not be interested, but building control WILL be. And no house is going to get built until a building warrant is issued and that means (amongst other things) a working drainage solution.

Our building warrant was held up several months because building regs had changes and what we thought was a compliant scheme was rejected, as was our second proposal.

No drainage really can mean no house.

I am surprised at the architects. This is so crucial I would have expected them to commission percolation tests and get a drainage plan designed. Only when you know how much of the plot will need to be given over to drainage, will you know how much can then be built on. And on a small plot that can often force the house to go at one end or in one corner to leave enough ground in one bit for the drainage.

I would certainly be making the point to the planners that you don't believe they have left enough unbuilt land to accommodate a compliant drainage scheme. And mention the other out of character, out of scale arguments as well.

Grrra

[FONT=&quot]Brilliant! Thank you so much for that. We are not building our expectations up but you have given us some hope for the future. [/FONT]
[FONT=&quot]We have just received a letter from the Highland Council Planning Neighbour Notification, dated 12th July. Apparently, only properties within 20 metres need to be notified, even though this development will impact on our other neighbours, strange.[/FONT]
[FONT=&quot]We also think that it will have a negative visual impact on views of Meal Breac, meal Bhaid Leathain & Creag Choic from a nearby road. Could be worth adding into the mix?[/FONT]
[FONT=&quot]We really appreciate all this support. Thank you and take care.[/FONT]

System

ProDave wrote: »

The planners may not be interested, but building control WILL be. And no house is going to get built until a building warrant is issued and that means (amongst other things) a working drainage solution.

but there is zero point in objecting to a planning application on something that isn't a material planning consideration

ProDave wrote: »

Our building warrant was held up several months because building regs had changes and what we thought was a compliant scheme was rejected, as was our second proposal.

No drainage really can mean no house.

tbh it sounds like you've been advised badly - regs changes over the course of an application don't matter, sounds like your original design wasn't compliant

ProDave wrote: »

I am surprised at the architects. This is so crucial I would have expected them to commission percolation tests and get a drainage plan designed. Only when you know how much of the plot will need to be given over to drainage, will you know how much can then be built on. And on a small plot that can often force the house to go at one end or in one corner to leave enough ground in one bit for the drainage.

below ground drainage is generally the remit of an engineer, you'd be surprised to discover that 99% of clients don't want the expense of digging trial pits, carrying out percolation tests and designing drainage systems for a house that might not get planning consent.
Drainage is a technical issue that can always be solved, planning isn't. you need lots of different things to line up to build a house but really no one is doing that level of ground works before applying for planning (aside from if you are in one of the newly invented sepa waste water consultation areas...)

ProDave wrote: »

I would certainly be making the point to the planners that you don't believe they have left enough unbuilt land to accommodate a compliant drainage scheme. And mention the other out of character, out of scale arguments as well.

fair enough, but the planners won't take this on board in their decision making