To object to my neighbours planning.

[WhenWillTheBuildersFinish]

We were lucky enough to buy our house many years ago. We are rural and the nearest neighbour is 1/4 mile away, totally obscured by trees etc. So we have total privacy. Our neighbour, who we have been friends with for 15 years has dropped the bombshell that they are building a house right next to ours for their duaghter to live in. They are also going to put a driveway across the front of our property (we front onto common land) with her access road going up the side of our house. Her house will be able to see into our bedroom and bathroom. so we totally lose our privacy.
We are so upset about this we don't know what to do. The chap submitting the planning was turned down a few years ago for a similar planning application, so he has now submitted it saying the house has agricultural tie, it is all a lie, his daughter lives in the city 25 miles away and works in journalism. He is a retired solicitor who used to work for the local authority, so he knows all the loopholes.
What can we do?

object and tell the planners what he has told you

Object and contact your local planning officer and local councillor

I guess someone will be along shortly to help, but yanbu! How friendly are you with this neighbour? Could you gently ask why not put her house a bit further away from you - it sounds like he has plenty of land to play with. I don't see why she would want to be right next to you either!

Failing that I guess legal advice, if you can afford it?

If it's common land there may be issues with him building an access road across it (if I understood your OP correctly).

I would also contact the Planning Officer.

Before you do that, do you have any written evidence (e.g. an email?) in which he says the house is for his daughter? If it is usual for you to email each other how about dropping him a line and working it into the conversation to try and get written confirmation of what he intends before he realises that you object to the plans.

object - this is what the planning application process is for - you can get solicitors who specialise in putting together your objection

If a friendly approach to your neighbours to ask them to site the house a bit more sensitively to your needs doesn't work, if you can afford it I'd suggest you employ a planning consultant yourself to get good advice about how to effectively object. Irrelevant objections can be overulled by the Council, but if you make policy related ones they will have to be properly answered.

Beamur's point about policy is a good one. I had totally forgotten the planning frameworks (can't remember exact name) but basically every council has to write a list of what and where it wants housing to be situated. Areas open to development have higher priority and there is still (although the current govt is trying to overturn it) regulations on appropriate facilities nearby, using brownfield (i.e. old housing/industrial/inner city) land first etc. A green field site, next to common land, in a rural area is probably not very high on the list of council priorities.

Just googled - it's the Local Development Framework and it should still be in force. If you look you should find everything online, including maps of where it's most desirable or prohibited to build, as well as a list of criteria for what the council favours.

Agree with CharminglyOdd about the access across common land. I would be very surprised if that is granted.

Areas in and around common land tend to be very protected, with very little development permitted and, when it is, IME it is very strict.

www.oss.org.uk/
This website should help with any questions you may have about commons. The rules can vary a bit, but my understanding is that you cannot drive a vehicle more than a certain distance onto a common. Commons are either owned by someone or are the responsibility of the Council to look after, any new access on/off it I presume would have to be licensed and paid for. Any 'take' of land would require (in many cases) an equal amount of land elsewhere (but still connected) to be swapped.

www.oss.org.uk/

I'm sure that one of the plethora of planners frequenting mumsnet will be along soon to help out...

Even if it is considered under the rules that justify agricultural dwellings, it still needs to take your needs for privacy etc into account - just because its an agricultural dwelling doesn't mean that the planners have to ignore all issues of orientation and overlooking. The Policy section on the local council planning section should help with what policy documents are in place and some of these should have information on matters such as overlooking.

In any case, an agricultural dwelling should require justification for its construction. That means that it should be required to help to run an agricultural holding. If you've got a small holding its very difficult to justify one because most small holding receipts couldn't support a mortgage required for the construction of the property. You should also find some information on the policy site that gives advice on what is required to demonstrate the need for an agricultural dwelling.

Sounds like they would not normally be granted planning permission for a house here, so they are trying to get an exception on the basis that they need the house for the sake of their agricultural business (ie they will be employing a farm manager or someone to look after some special species of farm animal, or large numbers of animals etc 24 hours a day). If they can sucessfully argue this, the planning authority will put an agricultural tie on the house which will make sure that anyone living in it must work in agriculture. Firstly, object to the application - say about privacy (but be advised that the amount of privacy you want or currently have is probably a lot higher than what would be acceptable in planning terms in general), but also mention what you know about the neighbours' agricultural business and their intention for the daughter to live there. The neighbours should have submitted a document setting out their argument for needing an employee living so close, so go through that with a fine tooth comb and call them out on anything that you think is not true.

Object without a doubt .....

If you don't want to move,

you need to think very carefully about you proceed, You do need to get professional advice, as you only have one chance to get this right,

You need to think carefully about how much you want to invest (time and money)in this process, and if that is worth what it will achieve,

You might want to consider the option of influencing the build, you could use a mediation type process, where you and the "friend" sit down and explore how the build could have the least impact on you,

The benefits being you save a lot of time, money, stress and possible a friendship,

If you could explore this carefully with the people who plan to build you could both benefit,

If the space next to you is suitable to built on, at some point it will be, it might be wise to take the chance of influencing what is built.

If your neighbour employed my company to proceed, you would be having a build next to you, I see this situation repeatedly, and if you both can sit down together with knowledgeable guidance and work out a suitable compromise for both of you, it always works far better that way.

It's natural to resent change, but it doesn't stop it happening, If you can go down the influencing the build route, you will save yourself so much anxiety and money,

It's worth a go, if you really can't find a way to work together, then you are still free to go down the objection route.

You can certainly object to the windows being placed so that the neighbour can see into your windows.

Essentially, as the planners will tell you, there are specific grounds on which you can object, and specific grounds on which he can argue that planning permission should be granted. You need to find out what grounds you can object on and put those in.

DH and I have now objected to a couple of inappropriate developments - one's been turned down entirely and one was passed with modifications.

I agree - YANBU to object as this would negatively impact upon your enjoyment of your home, and privacy. I also have a private dislike of those who manipulate (or ignore) the planning policy hence would be likely to object on those grounds alone.

However, I would be tempted in your case to go and see the planning officer (you can make an appt) as this way you can properly explain your concerns & ask questions of them - the answers of which may abate your worry. Then follow up with formal objection via the normal route when/if the application is made.

Good luck, I hope it works out for you.

I would object.

We found these people (Planning Aid) offered some great advice for putting together the objection letter:

www.rtpi.org.uk/item/5267/257/259/258

They looked at the plans and pointed out the issues we should argue on. For example, overlooking and lack of light are irrelevant to our planning committee. Things like overbearing bulk, pinning in - are things you sometimes have a chance with winning on.

Include lots of photos - because the planning committee will not necessarily come out and see the site.

Good luck! It can be quite stressful and in our case we didn't get planning permission refused, but we did get the building reduced by around half the size.

" He is a retired solicitor who used to work for the local authority, so he knows all the loopholes."

That rings alarm bells with me, knowing how much back-room/ golf-club/ masonic lodge dealing goes on in local politics. You have only to read Private Eye's 'Crooked Boroughs' page to see what happens.

It would be a good idea to chat with local councillors to see if they are inclined for or against it.

Do you have the details of the previous refusal? If there were any other grounds apart from the agricultural tie you need to be sure that they are not missed this time.

I just spoke to the neighbour and I am in tears. He accused me of being underhanded by not objecting sooner. He says he has no problem getting access across the common land because he is on the Commons Comittee and in fact has leadership of this area of Common. He told me I was being petty and it would costhim several thousand pound more to change is access road. (There is already a road to the top end of his proposed site but he wants to take the short cut). I am also concerned that his sewage outfall will be near to our borehole. I understand there is a 50metres limit with building regs but he seems unaware of it.
When I questioned on why his previous planning was turned down he got defensive saying this wasn't his planning but his daughters. He was shouting down the phone, he is quite belligerent normally and overbearing, so I feel very intimidated now.
We can't afford any legal help on this, I am so upset, I just want to move house now. :(

He's defensive because he knows he's in the wrong. Doesn't mean that you're doing anything wrong.

What mistlethrush said upthread. If it's an agricultural tie then the appropriate supporting information must be included. I'd be getting a copy of his previous refusal - should be online - and using the reasons for refusal in your objection, along with the details of the adverse impact on your property.

Has it actually got permission or is it under consideration? Can you pm me a link to the application and I'll have a look for you although I should point out I'm not a residential planner and I'm a bit rusty

Don't be disheartened - as mistlethrush says, he knows he's in the wrong and he certainly can't get cross with you for not objecting sooner. He's being a complete plonker - probably thought he was home and dry and is taking that frustration (unfairly) out on you.

Re: the common land, have you tried posting in the MN Legal section to see if anyone there knows something about common land? I would also try to get hold of the rules and regs of the Common Committee. Your local council may have a copy, or perhaps it's on the Internet. Using common land for his personal gain because he happens to be 'in charge' of your section at the minute is extremely dodgy. It may be worth alerting the Committee in general or, if they are a sub-member of another body, the overall body.

The plans should be publicly available: the sewerage and borehole point sounds excellent.

If you cannot get legal advice then I would speak to your Planning Officer (who is an independent employee of the council) and get their advice before sitting down with the plans and making a list, with evidence, of everything you object to.

If at any point you are worried about the conduct of councillors then an informal chat with your local branch of these people should help. They are absolutely fantastic - I cannot praise them highly enough - and very skilled at dealing with archaic councils who think it's still an 'Old Boys' Club'.

What a nasty man. Poor you. Do get an appt with the planning officer - it is free and you'll know your options a bit better (as well as being able to explain your concerns). Don't contact him directly anymore - if he can't appreciate your valid concerns and is a bully then leave him to sweat. Being head of a committee shouldn't give him free reign.

When is the application consultation period up? That's your deadline to get something in writing to the local authority - don't worry about wording of the letter, just say it how you see it (and yes photos help). They are obliged to take your objection into account.

Jins, fancy seeing you here!