Talk

Advanced search

I want to compain about a planning application - what are valid grounds please?

(12 Posts)
BosworthBear Sun 05-Oct-08 22:14:33

I realise that the rules regarding planning applications have become more relaxed from 1st Oct. However I want to know if there are rules or strong guidelines that have to be adhered to when buiding a new property in the garden of an existing one. Does anyone have any links or knowledge that they can share please?

pooka Sun 05-Oct-08 22:19:47

The rules have relaxed in terms of permitted development rights, in some, but not all cases.

YOu talk about a new property; are you meaning a new house within the grounds of an old house? That would definitely need planning permission, regardless of the new regs.

You can visit the planning portal www.planningportal.gov.uk which has information on planning, including the new permitted development allowances.

If you are talking about a new house, then an application for planning permission would be required. The application would have to be determined in accordance with the planning policies in the local development plan and with reference to national planning policy guidance statements.

If you want to object, then you would have to write in saying on what grounds i.e. noise and disturbance resulting from the use of the new house (not constructio), increased traffic, loss of light, prospect, privacy and so on.

HTH

BosworthBear Sun 05-Oct-08 22:25:31

Yes I mean a new house in the garden, ie a seperate property. I know that it needs planning permission but having seen the plans the house doesn't seem reasonable for a number of reasons, primarily size in relation to plot and position on plot. It is the items in your last sentence that I suppose I am interested in, ie which are deemed valid grounds to complain on rather than personal ones, such as i don't like the proposed colour of the front door! (ifyswim)

RambleOn Sun 05-Oct-08 22:28:28

Does your council have their recent applications on-line.

Ours was very useful, as you could see previous applications that had been rejected, and on what grounds.

Our council seems very keen on maintaining a good 'line of visibility when emerging from a property adjacent to the highway'.

The objection we put in for our neighbours proposal was successful. The fact that their balcony off the bedroom was 6 foot from our bathroom window didn't concern them hmm.

The increased traffic and lack of visibility from the drive won it for us.

pooka Mon 06-Oct-08 08:24:19

PLanning grounds for refusal or objection can relate to:

Overdevelopment of site
lack of parking
cramped appearance
out of character with the pattern of development in the area
set a precedent
loss of light/outlook/prospect/privacy
comings and goings and use of the dwelling resulting in noise and disturbance
impact on trees

To name a few.....

If it is a house within an existing garden then any of the above grounds might apply. Colour of front door might be pushing it, and if the house is not in a conservation area or listed, the actual appearance i.e. finish/design of windows and so on, might not be that relevant. But design in terms of the physical form of the building can be considered.

JacobsPrincessOfDarkness Mon 06-Oct-08 08:27:48

There's a new directive about building in gardens, building driveways on front gardens etc to do with flooding risks. If everything is built on/concreted over then the excess rain has nowhere to drain to.

pooka Mon 06-Oct-08 08:31:40

Basically, when the council comes to make a decision, they must refer to the planning policies in the local plan.

Usually there will be a policy relating to new housing development, that will have baseline criteria such as the need for adequate parking and access, the need for development to have adequate garden space if capable of family accommodation.

There is usually another policy on the general design of development that requires that development be in keeping with the surroundings, would not have an adverse impact on local distinctiveness and the pattern of development, and should not have a detrimental impact on the residential amenities (i.e. privacy, daylight, sunlight and quiet enjoyment) that the occupiers of neighbouring properties might reasonably expect to continue to enjoy.

LIZS Mon 06-Oct-08 08:54:26

I'd question access and parking provision, rights of neighbours to privacy/light, proximity to boundary and any established trees(our neighbour's proposal fell foul of that one !), being in keeping with other properties, setting a precedent of infill development, land being designated as greenbelt/garden use only.

LemonyAle Mon 06-Oct-08 09:09:31

Hi BosworthBear

What Pooka and others have said is good advice, but be warned that the "right to light" isn't a material planning consideration (it's a civil legal matter). Overlooking and loss of privacy/amenity are relevant though. Also, gardens are designated as "brownfield" sites (ie sites where development has already taken place), and are therefore fair game for new builds in many local authorities.

Pooke is right, your local authority needs to prove that new applications conform with their Local Plan - you should be able to look at this online. I'd also try Planning Aid for free advice. Good luck!

missingtheaction Mon 06-Oct-08 09:25:52

basically your objections have to be things that are your business and reasonable. so size of house to plot isn't really any of your business - lots of local authorities are looking for density of 20 properties per acre and happy to grant permission for a huge house with a strip of grass round the edge. just because you wouldn't want to live there isn't very justifiable a reason to object. BUT if the new house is going to seriously impact on your house - overlooking, causing traffic congestion, inappropriate for the neighbourhood (eg a huge hosue in a row of retirement bungalows, mock tudor design in a row of 18thc cottages) - or if you think the house has major design flaws taht will impact locally eg not enough parking, then that sort of thing is valid.

Check your objections - to a stranger would you sound like an objective reasonable human being, or a bit like Victor Meldrew?

pooka Mon 06-Oct-08 09:54:49

Actually, it doesn't have to be the objector's business - for example I could object (and have those objections taken into account) on a development a mile away, if I felt that it didn't accord with the local planning policies. (and I have - because was worried would set a precedent that would result in lowering of spatial standards of the area as a whole)

RambleOn Mon 06-Oct-08 13:57:36

Yes, pooka makes a good point here.

If you can get other people to object also, this will help your case. They will expect an objection from the next door neighbours, but if others in the street/town object, this adds weight.

Join the discussion

Registering is free, easy, and means you can join in the discussion, watch threads, get discounts, win prizes and lots more.

Register now »

Already registered? Log in with: