Oppose planning permission

labaude

We have just moved to a new house in Dover. Semi detached house with a patio and a little garden siting next to an allotment.
The owner of the place we bought it from did agree in transfering the allotment when she sold the house. When we moved to the house we discovered an orange plastic fence between the patio and the allotment and the previous owner said there was nothing to worry about...
4 month ago we discovered that dover council wanted to bulid a superior allotment (secured with a 6 foot fence with spikes on top for security)
We have been told that there was never any security problem in the past.
The previous owner asked the concil to transfer the allotment into our name but after we complained about the fence we are on the bottom of the waiting list. Today the council made a planning application for the fence.
What would be your advice knowing that the fence would put the property price down (We would have the feeling of being in a prison), the new people taking the allotment would have a direct view into our house (dinning room, kitchen and relax room), we will have dificulty rendering our outside wall with no room for scafolding and ladders...

We can't accept the planning permission what should we do ?

Thanks

ormus

afaik the previous owner/tenant cannot transfer the council allotment to your name. only the council can do that.
re the PP over the fence. you have very little rights in this matter. you can complain of course but your chances of success are slim.
you would have more chance if you get the neighbours to join forces and oppose the PP.
you have no right to a view when you buy a house and the effect of any new PP on the value of your home is no concern of the council PP dept.

alanobrien

Worst case if it goes ahead grow a high hedge or bamboo against the thing so its hidden, that will also soften the view.

labaude

What would be the best strategy to involve the neighbours ?
Petitions ? How does it work ? What do we need to do ?

We have lots of emails from the council saying they would transfert it into our name but because we oppose the fence... They changed their plan.

How do you explain that at the following adress :
http://www.clacksweb.org.uk/property/planningobjections/
it says :
EXAMPLES OF INVALID PLANNING GROUNDS

• Devaluation of property
• Loss of view
• Possibility of future problems (eg use of property)

I think the underline examples are good reason to oppose the planning. Don't you ? For those 3 reasons, why do you think our chances are slim ?
What is your advice and why wouldn't it be valid for our case ?

Thanks for your answer.

Becles

I live next to a school that used to have a little wooden fence round it. They had a couple of break in's and were concerned about child security - if the ball went over children would hop over the fence into our street to collect it rather than ask permission.

Some neighbours complained about the proposed 6ft metal fence with spikes on, but it went ahead anyway.

The fence has been painted dark green and a thick hedge has been planted in front of it, which is about 4ft tall now. It doesn't look like an eyesore, as the colour helps it blend in and the hedge hides a lot of it.

labaude

For us, it would not only be a 6 foot fence with spikes it would be worst.
The fence would be on the top of our 5 foot separation wall and going from the left side of the house to the back... a bit like being in a prison...
There would not be any space for bamboo... :mad:

Have a look at the map of what it would be (Jpg file):

olly300

Your diagram looks wrong as you don't have an allotment plot.

labaude wrote: »

What would be the best strategy to involve the neighbours ?
Petitions ? How does it work ? What do we need to do ?

The information is on the link you highlighted below.

labaude wrote: »

We have lots of emails from the council saying they would transfert it into our name but because we oppose the fence... They changed their plan.

May be you should ask to own the entire fence. If you own the bottom half and the council decides there is a problem with it they could in future fix it and then send you a large bill for your part.

labaude wrote: »

How do you explain that at the following adress :
http://www.clacksweb.org.uk/property/planningobjections/
it says :
EXAMPLES OF INVALID PLANNING GROUNDS

• Devaluation of property
• Loss of view
• Possibility of future problems (eg use of property)

I think the underline examples are good reason to oppose the planning. Don't you ?

The reasons are legally invalid so there is no point discussing them. It clearly says that on the council website.

labaude wrote: »

For those 3 reasons, why do you think our chances are slim ?

You cannot argue with an official body using legally invalid reasons they will just throw your argument out.

In addition you are arguing with the body who wants to put in the fence and also gives planning consent so you better have legally valid reasons to object.

labaude wrote: »

What is your advice and why wouldn't it be valid for our case ?
.

Raise an objection to get the fence altered to fit in with the surrounds it will still be high so you need to think of ways that will help disguise it (hint - ask around these boards for those like Becles whose houses back onto primary schools and ask what they have on their high fences), and also ask to own the entire fence or none of it for ease of maintenance.

BTW the fence would actually make your house more secure. No one would be able to break into the allotments and climb into your garden to break into your house. Sellers don't tell the truth about problems in the area.

Debt_Free_Chick

labaude wrote: »

How do you explain that at the following adress :
http://www.clacksweb.org.uk/property/planningobjections/
it says :
EXAMPLES OF INVALID PLANNING GROUNDS

• Devaluation of property
• Loss of view
• Possibility of future problems (eg use of property)

I think the underline examples are good reason to oppose the planning. Don't you ? For those 3 reasons, why do you think our chances are slim ?
What is your advice and why wouldn't it be valid for our case ?

I think you may have misunderstood that site. It's telling you that planning objections must be valid - and that these are examples are objections that are NOT valid. In other words, it's telling you that there's no point in using these grounds as objections as the Council has to ignore them.

Also, that site is in Scotland where the planning laws might be slightly different to those in England.

seven-day-weekend

These are invalid reasons fot opposing a planning application because :

Devaluation of Property - this is subjective and neither you nor the Council can possibly know what the value of your property is going to be in the future, or whether the fence has any effect upon it.

Loss of view : You have no right to a view. Think about it - I live halfway up a mountain and can see for about thirty miles, right down to the coast. Am I to say that no-one can build anything in the whole of that thirty miles because it would spoil my view?

Future Use of Property: You can't object to something that isn't happening.

The Council may even be putting the fence up so that future allotment users will NOT see into your property.

Your objection to the application will have nothing to do with you being on the bottom of the list for the allotment. The allotment belongs to the Council and there is always a waiting list for them. Your sellers had no right to say they would transfer it, it is not up to them.

Grounds you CAN complain on: Loss of privacy, unsightliness.

Complaining to one part of the Council (Planning) about another part (whichever department put the application in) will be treated as it would with any other applicant. I know a Park and Ride Scheme submitted by (I think) Highways was refused by the Planning Department I used to work for.

labaude

Thanks for all those answers. It gives me lots of ideas to oppose the PP.
I went to see one of my neighbour who is in the same case.
We are not opposing the improvement of the allotment but we both don't want a fence with spikes on top of a wall. The council did not inform him of the developpments coming. Is this a reason to oppose ? His advice is to go and ask all the neighbours for a petition and oppose the Planning permission on technical side. We can't access the side of our house to do some rendering (The survey says it needs to be done) or paint the wall every 2 or 3 years knowing we are on the cost and we need to maintain more than being in a city...

Regarding the allotment it has been transfered from years and years to the owner of the house. The council wrote they would put it in our name but it's not the case anymore... How can they change their mind ? Because we want to oppose the fence ? We were open to talk about the different solution but they are not.

Please continue to send me your point of view and ideas because we are very upset about what it's happening and would not have bought this house if we'd known.

seven-day-weekend

If it is the style of fence you are objecting to, that is a valid objection and will be taken into consideration when the decision is made.

A petition is also a good idea so long as it is opposing the application on valid planning grounds like any other objection.

However, building is allowed right up to the boundary so you can't object on those grounds.

Please bear in mind that the application will not necessarily be refused because you have objected, but your objection (providing it is a valid one) will form part of the decision-making process.

Are you sure your neighbour wasn't informed? He need not necessarily have been sent a formal letter. A notice up on or near the site detailing the application would suffice. The Planning Department will be able to tell you what publicity they have done.

In fact you can look at the whole application, including any letters against or in favour of the development; it is all public domain.