Advice on objecting to planning permission

[SkinnyMirror]

There is a small bit of land next to our house which currently has derelict garages on it and has been used as a dumping ground by the owners- they're farmers and own lots of land locally but refer to this bit as 'the tip' which is nice 🙄

We've just discovered that they've submitted a planning application to build a 3 story house on the land. This house will be around 50 metres from our property and will block the only two windows we have on that side of the house - these windows are landing windows so they're claiming there will be no loss of amenities but they actually let in a significant amount of light and if these are blocked our house will be in perpetual darkness!

I was wondering if anyone had any advice on how to approach the objection?

I'm pretty sure we can object due to the fact we live in a conservation area and the house plans aren't in keeping with the area and it's also green belt.

Can we object to the loss of light and privacy even though the windows aren't room windows?

It would mean we lose our amazing view but as i understand, that isn't grounds for objection.

They've lied on the planning application about the current use of the land the land surrounding it - they've claimed that us and our neighbours use it for parking and their plans will improve this and make it safer . However, they've never let us park there. We have access rights and have occasionally had trades people park there so they can access the houses and they always tell them to move! Is this worth mentioning?

They're not very nice people so we need to be careful about how we approach this! Any advice would be greatly received!

@Notavegan

The local plan can help you word an objection. Focus on green belt and conservation area polices. Conservation area plans need to be in keeping and high quality design.

I think that will be our approach.

Also the wildlife aspect - we regularly get deer visiting that bit of land as well as frogs, butterflies and bats.

We're getting together with our neighbours to put together a plan of action.

Find a local amenity group - a civic society, conservation society, archaeological/historical society, etc etc - and make them aware of the plans. Although your objection will be valuable, it’s good to have as many as possible from other groups and people.

Are there any listed buildings or sites of archaeological importance in the vicinity? Have a good read through the council’s Conservation Area Statement/Audit (there nearly always is one) - pinpoint elements of significance which would be affected by this proposal. Important local views? The setting of heritage assets? Any potential for below-ground archaeology?

See if the developers have uploaded a Heritage Statement with their application. If it’s in a Conservation Area, they really should have done, and it should be a hefty, watertight document. Pages and pages long, addressing every possible heritage impact. They may not have done this though, and if they have, it may not have been done well.

@GidgetGirl

Find a local amenity group - a civic society, conservation society, archaeological/historical society, etc etc - and make them aware of the plans. Although your objection will be valuable, it’s good to have as many as possible from other groups and people.

Are there any listed buildings or sites of archaeological importance in the vicinity? Have a good read through the council’s Conservation Area Statement/Audit (there nearly always is one) - pinpoint elements of significance which would be affected by this proposal. Important local views? The setting of heritage assets? Any potential for below-ground archaeology?

See if the developers have uploaded a Heritage Statement with their application. If it’s in a Conservation Area, they really should have done, and it should be a hefty, watertight document. Pages and pages long, addressing every possible heritage impact. They may not have done this though, and if they have, it may not have been done well.

Thank you for this. Really useful.

There is a heritage statement which only really focuses on the fact the existing garages are in disrepair and not in keeping with the conservation area. Which is true and but that doesn't mean they should be replaced with a 3 story house!

There is some dubious information in there too. They claim that the new house won't affect the view from the other side of the village when it absolutely will - the photo they've included has been taken at an angle which doesn't accurately reflect how it really looks. A couple of steps the right and it looks very different!!

I wouldn't hold out much hope of it being refused, OP. I live in a conservation area (in Yorkshire, too!) and some recent planning permissions that have been approved my town have caused raises eyebrows for sure.

One case in particular was in a very established conservation area of historical significance and character. The owner of a Victorian property with huge garden was granted planning permission for a detached 5 bed house in his garden - it is approx 4 metres from the side of my friend's house. Nobody can understand how it was allowed and my friend has had her light restricted also. The new build has substantially affected the character and view of this historical street, but it's done now.

Get lots of photos as it is now op... Get other neighbours to take some also. Show what it is like /has been before they do a swift clean up pre pp application.. Pics of any current visiting wild life etc too.

I think they've deliberately kept it untidy as they think it will help their application. They can claim they're doing a good thing by getting rid of the garages. Although, apparently the council are wise to this now. The garages have broken asbestos in them and they were told by the council to do something about it over 18 months ago but they've not bothered.
Getting rid of the garages is a good thing but that doesn't mean they should be replaced by a 3 story house!!

We've got loads of pictures including pictures of the area they claim we all use for parking which they fenced off 6 months ago to allow their sheep to graze and also has a huge pile of their crap ( including an old cement mixer) which has been there for 30 years - we have photographs of that too as a friend of ours grew up in our house. We couldn't park there even if we wanted to!

Our neighbour got some informal advice today from someone who understands this stuff. They seemed to think it was highly unlikely it would be granted - the house design is a huge problem as it's not in keeping with the area and the case they're using as a precedent is not even comparable. So feeling a little more hopeful today.

One case in particular was in a very established conservation area of historical significance and character. The owner of a Victorian property with huge garden was granted planning permission for a detached 5 bed house in his garden - it is approx 4 metres from the side of my friend's house. Nobody can understand how it was allowed and my friend has had her light restricted also. The new build has substantially affected the character and view of this historical street, but it's done now.

That's disgraceful!

You need to get all your friends to respond to the consultation on the council’s website. Objecting to the design, building in conservation area, that the height is overbearing etc.

Is your own house listed?

I’d look at your local plan and specific guidance therein re development in the green belt and conservation area. If you think the development is in conflict with policies, quote them.

I would also ask your local councillor to get the application called in to committee.

@ShingleBeach

You need to get all your friends to respond to the consultation on the council’s website. Objecting to the design, building in conservation area, that the height is overbearing etc.

Is your own house listed?

The vast majority of our neighbours will definitely object as will our friends who live across the valley as they'll be able to see the house from theirs. It will ruin the whole outlook of the street.

Our house isn't listed but we definitely sit within the village conservation area.

I would suggest looking at a range of applications on your LA planning portal. You can get an idea of how to complain and the types of complaints that are respected. You can also see reports from environment, bats etc. You’ll should also take confidence that not ever application is approved.

I’d look at your local plan and specific guidance therein re development in the green belt and conservation area. If you think the development is in conflict with policies, quote them.

Our neighbour has done this already - he's a star!

I would also ask your local councillor to get the application called in to committee.

Dh knows our local councillor very well. He helped him with his campaign. He's been speaking to us off the record this after and has given us some great advice.

Light to a landing and a view arent planning considerations. The other parts you mentioned can be ie doesn't fit with the area ect. Forget the emotion keep your objection factual.

Unfortunately OP you have no rights to a view :( but it sounds like there may be material objections to make here

@CraftyGin

I would suggest looking at a range of applications on your LA planning portal. You can get an idea of how to complain and the types of complaints that are respected. You can also see reports from environment, bats etc. You’ll should also take confidence that not ever application is approved.

Good idea!

@tootiredtospeak

Light to a landing and a view arent planning considerations. The other parts you mentioned can be ie doesn't fit with the area ect. Forget the emotion keep your objection factual.

Yeah we understand that even though it's frustrating! We're going to focus on the conservation and green belt issues as well as the discrepancies in the application.

We're calming down a bit now and becoming very clinical about it.

@FurierTransform

Unfortunately OP you have no rights to a view :( but it sounds like there may be material objections to make here

Yeah we understand that but hopefully the other issues are compelling enough!

@CraftyGin

I would suggest looking at a range of applications on your LA planning portal. You can get an idea of how to complain and the types of complaints that are respected. You can also see reports from environment, bats etc. You’ll should also take confidence that not ever application is approved.

Completely agree with this, on my local council website you can search for planning applications by map and search by time frame, so last 6 months etc and up to 5 years.

It outlines the properties in red and if you click on it for a preview it says what it was for "single storey rear and side extension" and whether it was approved or refused. Find the refused ones and look at why they were refused and the wording used by them. Look at parking, road access, not in keeping etc.

We did this about 3 years ago when a neighbour wanted to build an extension clearly not really thought through. I quoted a similar property that had been refused due to overbearing, not in keeping with the other houses, too big for the footprint etc. Two planning officers came out for a site visit, spoke to me, I had actually quoted him!

@SkinnyMirror

They sound like chancers. Our neighbours applied for 3 bungalows in the garden and got refused. Views from and onto a conservation area are very much protected. How old is your house? If it's listed or old then you can argue that the view is integral to the history of the house. The conservation officer was also very scathing about the fact they weren't in keeping with the surroundings

They definitely are chancers! And they're skint apparently so I suspect the plan is to get planning permission and sell the land as that type of thing goes for a fortune around here.

Our houses are 150 years old but not listed. We're definitely in the conservation area though and on a hill so quite prominent - you can see our houses for miles.

Other things to consider: light pollution from new housing might affect local bats or wildlife? You mentioned a right of way - are they allowed to build over a right of way? Would the building block your RoW? Are there implications for drainage or grey water from the site?

Oooh we have bats living in our gable end which is tight next to the proposed house. I'll investigate that angle.

They wouldn't be blocking our RoW. It's essentially a lane which is only just the width of a car. They plan on making it wider so it can be used as vehicle access to the proposed property. They've said the application that we all use it for parking so it will be an improvement for us but that's not true. It's fenced off by a large gate and on the odd occasion one of us has had to use it to allow trades people access to the back of our properties they're round like a shot to tell us to move! They even tried to move DynoRod the other week as they were unblocking our drains!

I was convinced our neighbours' application was a shoe in but actually almost everyone involved rejected it for one reason or another so don't get too despondent yet. They're also much less likely to bend the rules for a one-off build than for a developer who will add significantly to local housing stock.

Good luck!!

Thank you.

Take photos of the existing use, in case you need proof and they tidy it up before an inspection.

The Local Plan where I live is a total waste of time. It’s due to the Local Plan that just about all areas of green belt land locally have been take. Out of green belt status by the council and and now due to be built (destroyed) on.

I've managed to find the documents for the application they're using as a precedent.
In this application the land is at least 4x bigger with 8 garages on it and not near any other houses. It got rejected twice due to conservation and green belt issues as well as the lack of outdoor space which is a local policy apparently.

In the end they had planning approved for one bungalow that had to be the exact footprint of the existing garages. It's further up our street so the same concerns apply.

Local plans usually allow for and prefer for infill land such as this to be used rather than land without any buildings nearby so be aware that the plot may be a favourable plot to a council who may be under pressure to allow a certain amount if new housing stock to be built within a certain time period.

Also sometimes planning is put in for something they don't really want to build so they get the compromise through (which is what they wanted all along).

I'd phone the planning department for a little off the record chat about false statements in the application.

You could also draw the false claims to the attention of your local parish or community council (they normally keep an eye on local applications) and ask if the application on farm land is in line with the Local Development Plan.

Since its a proposal for change of use ( farm land to residential building) and in a Conservation area the application will be under closer scrutiny any way.

You need to ensure your objections all refer back to how they breech planning regulations. This is the only way you can have any possible way to have impact when you object.