Advice on what to include in letter to council opposing planning application

2

Comments

  • oliverp wrote: »

    I personally think most planners are a waste of space, they will not look after your interests.

    I don't think that is a particularly fair comment...

    1- They aren't planners, they are planning officers. A planner actually draws up plans, a planning officer decides whether these plans are acceptable under the local plan or Local Development Framework.

    2- There is no allowance for anything outside of the local plan or LDF when making decisions

    3- Most large developments will go to committee so councillors will make the decision and it out of the planning officer's hands.

    Of course you realise that points 2 and 3 of the above are utter tosh.

    On point 2 - You've forgotten about the 'other material considerations' which can be taken into account when determining applications.

    On point 3 - When things go to Committee for a decision, you as a planning officer (I'm assuming that you are) write a report and make a recommendation to the Committee - so its far from out of your hands. If you write a decent enough report that convinces the Councillors of your recommendation then its very much in your hands.

    My 2p

    As to the OP - the majority of the advice above is sound. Make your arguments based on the character of the area, design, impact on amenity etc. Parking, whilst it will do no harm to throw it in to the pot, it unlikely to get you very far nowadays as we are working with maximum rather than minimum parking standards, in an attempt to dissuade people from using cars. :rolleyes:
  • oliverp_2
    oliverp_2 Posts: 130 Forumite

    On point 3 - When things go to Committee for a decision, you as a planning officer (I'm assuming that you are) write a report and make a recommendation to the Committee - so its far from out of your hands. If you write a decent enough report that convinces the Councillors of your recommendation then its very much in your hands.

    The report tends to be convincing because it is the right decision and complies with the planning policy but councillors can be swayed by more personal views and problems. For example, a family may represent the objecting side and discuss how they will lose everything they ever worked for because of the effect a development will have on property value and how it will ruin them. A planning officer can't take that into consideration but councillors can.
  • cheekyweegit
    cheekyweegit Posts: 1,195
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    Hiya,

    I'm surprised no one has already mentioned this, but it's just a thought anyway, but it might be worth looking at your deeds and those of the houses in the surrounding neighbourhood and see if there is any restrictions there as to what can and cannot be built on the land.

    Even better if you can get a copy of their deeds and scrutinise them for what they can and can't do. It might just be the case that they cannot build or if they do, it can only be a certain type of house and size with a garden only available for black sheep, as long as you keep no more than 3 at a time with a goat and only if contained within a white picket fence.

    Joking aside check the deeds if you can. Could just be your saving grace.

    Good luck.
  • looby-loo_2
    looby-loo_2 Posts: 1,566 Forumite
    Hiya,

    I'm surprised no one has already mentioned this, but it's just a thought anyway, but it might be worth looking at your deeds and those of the houses in the surrounding neighbourhood and see if there is any restrictions there as to what can and cannot be built on the land.

    Even better if you can get a copy of their deeds and scrutinise them for what they can and can't do. It might just be the case that they cannot build or if they do, it can only be a certain type of house and size with a garden only available for black sheep, as long as you keep no more than 3 at a time with a goat and only if contained within a white picket fence.

    Joking aside check the deeds if you can. Could just be your saving grace.

    Good luck.

    That's no joke! You should see my deeds.

    "The house built must be of a cost of no less than £475 (in 1908) and a frontage width of 35' length in bricks and cover a area of ???? square yards ...... no building shall be construced closer than 12' from any boundary.... which ....must have a well trimmed live hedge between 4' and 6' along all boundaries save the entrance for the carriage........Pigs will not be kept in the kitchen.....and not more than 24 fowl in the yard/scullery.......but these to be kept away from contaminating the well........manuare from the horses shall be stored at the north side of the top kitchen garden.... etc..etc..
    Doing voluntary work overseas for as long as it takes .......
    My DD might make the odd post for me
  • oliverp wrote: »
    The report tends to be convincing because it is the right decision and complies with the planning policy but councillors can be swayed by more personal views and problems. For example, a family may represent the objecting side and discuss how they will lose everything they ever worked for because of the effect a development will have on property value and how it will ruin them. A planning officer can't take that into consideration but councillors can.

    If the Councillors have been given any sort of decent training then they will know that they can't take these things into account. Any objections they have must be based on planning issues. If I was in a Committee meeting and the discussion went along those lines then I'd be appealing the decision and taking the Council for costs.
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276
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    I personally think most planners are a waste of space, they will not look after your interests.

    But it's not their role to protect the individual interests of any resident. They are there to implement planning law, the national guidelines and the Local Development Framework. Essentially, they decide on what would be best for the local community as a whole - not just those residents immediately facing or bordering a development.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276
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    If the Councillors have been given any sort of decent training then they will know that they can't take these things into account. Any objections they have must be based on planning issues. If I was in a Committee meeting and the discussion went along those lines then I'd be appealing the decision and taking the Council for costs.


    Which is why the Planning Committee (comprising Councillors) rarely goes against the recommendation of the Planning Officer. It's the Planning Officer who has all the detailed knowledge of planning laws etc - Councillors don't. They're just lay-people elected to Public Office.

    For those who don't know the process, have a look at these recommendations made to the planning committee in Rother (East Sussex). In particular, note that the reasons for granting or refusing planning permission are fully described and linked to the LDF e.g.

    "The proposed development is of an appropriate design and will not adversely affect the character of the area or the amenities of adjoining properties and therefore complies with Policy S1 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policy GD1 and HG8 of the Rother District Local Plan"

    Reasons for granting or refusing PP must always be given - and they can be very useful if you want to challenge the decision. My own view is that it's pointless objecting, unless you are prepared to swot up on planning law and the LDF - as if the proposal is in line with the law and the LDF, then the planning authority have no grounds for refusal. If they do refuse without sound grounds, that can be challenged by appeal - which is time consuming and costly for the LPA to defend.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • tangojulie
    tangojulie Posts: 91 Forumite
    Some points I learned when objecting to a planning application locally:

    1. Not all applications go to committee. Some are OK'd by planning officers themselves. You want the application to go to committee, so find out from the local authority what the criteria are. It may be (eg) number of objections, of objections from local organisations, or ....

    2. Objections are counted per letter (or maybe per address they come from) not per signatory. It doesn't matter if everyone sends in identical letters. So provide your neighbours with pro forma letters instead of asking them to add their signatures to yours.

    3. Get the parish council (or similar) onside. They are usually automatically asked about applications and automatically don't object. If you give them reasons to object they may well be happy to do so.

    4. Get your local councillor onside. He may be able to request that the application goes to committee. Also involve any councillors that may have a particular interest, eg one may have a special concern about tree preservation. You can usually get information about councillors from your local authority website.

    5. Make sure that your grounds for objection are 'permitted grounds'. A lot of councils publish details of acceptable grounds for objection - they are all the same as they are set down by law. One set is at http://www.richmond.gov.uk/what_is_a_valid_objection_to_a_planning_application.

    6. Depersonalise your letter as far as possible, and list and number your points so that they have to be considered separately. Friends of the Earth have some excellent advice and a draft letter at http://www.foe.co.uk/resource/how_tos/cyw_55_planning_applications.pdf.

    7.At the end of the day the councillors will weigh up everyone's interests and do what seems to them to be right. This may go against all the recommendations from specialist departments such as traffic, environment etc if the councillors nevertheless believe that that's what they should do. If this happens you are pretty much stuck with it. You could go for judicial review, but it's costly, and even if you 'win' at a review, the courts only have the power to tell the council to reconsider. They can't tell them to reach a different decision. So in practice you have just one shot at objecting - it's worth trying your best to make it effective.

    Good luck!
  • harryhound
    harryhound Posts: 2,662 Forumite
    looby-loo wrote: »
    That's no joke! You should see my deeds.

    "The house built must be of a cost of no less than £475 (in 1908) and a frontage width of 35' length in bricks and cover a area of ???? square yards ...... no building shall be construced closer than 12' from any boundary.... which ....must have a well trimmed live hedge between 4' and 6' along all boundaries save the entrance for the carriage........Pigs will not be kept in the kitchen.....and not more than 24 fowl in the yard/scullery.......but these to be kept away from contaminating the well........manuare from the horses shall be stored at the north side of the top kitchen garden.... etc..etc..

    This tosh is presumably for the benefit of the remaining land belonging to the lord of the manor, when he sold off the building plot ? However is there anybody left who has the power to enforce it. (I recently had a similar problem with a "building line" and the requirements to get plans checked by some long gone firm of surveyors/estate agent at a cost of 5 GBP)

    If the restrictive covenant is an "Estate" covenant for the benefit of an estate of houses created at the same sort of time, it can be very useful in resisting over development, so it is worth doing a bit of research.

    Personally I would like a system where these old restrictions are all recorded in detail at the Land Registry and the parcels of land that benefit from them are required to renew them at a cost of say 250 GBP every 12 years (same as squatters rights) to be allowed to keep them in force.

    Harry.

    PS
    You can sometimes break a covenant and take a risk or insure against someone coming out of the woodwork trying to enforce some funny old restriction, before they loose their chance to do so.
  • harryhound
    harryhound Posts: 2,662 Forumite
    It might be worth being a member of powerful organisations when writing to officers, councillors and the local press.

    RSPB is the most powerful land owning lobbying organisation in my opinion.

    There are others: Ramblers, SPAB, FoE, CPRE, Georgian & Victorian societies. etc. etc.

    I remember pointing a badger protection society in the right direction - my lord they had the officers of the council running for cover.

    Tree preservation orders are a useful tool too.

    Harry.
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