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Original poster

Advice on objecting to planning permission

138 replies

SkinnyMirror · 24/08/2021 14:39

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!

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Original poster
SkinnyMirror · 27/08/2021 02:02

I think the bats will make a difference.
The proposed site is used by the bats for foraging and I regularly see them flying past the window! The plans also talk about removing a mature tree which would impact the bats.

They don't have an option of moving the proposed house as the section of land is tiny.... which is why they're building up as there is only room for two rooms per floor.

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Original poster
SkinnyMirror · 27/08/2021 02:09

@Roselilly36

Are other houses neighbouring 3 storey? Usually local authorities like a development in keeping with the street scene etc. I don’t think you will have much luck objecting on grounds of light. But you are entitled to object. As planning is a public record, your objection can be viewed by the applicant and anyone else who wishes to do so.
They are 3 story but all uniform in height ( two rows of Victorian terraced houses) and the proposed house is a different height so will look very odd.

I've been reading up on the light issue which is, unsurprisingly, complicated! The planning officers won't care as they're not habitable rooms but the right to light act can include staircases and landings.
Our house is very dark apart from the landings which this house would block.

We won't have time to get a proper survey done before the deadline but it'll be something to look if the other objections don't work. But I think we have enough to go on without the light issue.

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simitra · 27/08/2021 03:19

Are the bats roosting in any other structures nearby or just your end gable? Will the building work then disturb their main or only habitat?

You should examine any planning applications with your council where the impact upon similar wildlife was an important consideration.

rose69 · 27/08/2021 07:27

you have some great advice here so keep your submission very factual. It's not that Planning officers "don't care" they have to work within strict guidelines.

You could talk to the officer who is allocated to the case if you have any questions and also check if you have the right to speak at committee.

Original poster
SkinnyMirror · 27/08/2021 10:25

@rose69

you have some great advice here so keep your submission very factual. It's not that Planning officers "don't care" they have to work within strict guidelines. You could talk to the officer who is allocated to the case if you have any questions and also check if you have the right to speak at committee.
Yes I worded that clumsily- I meant that the light issue wouldn't wouldn't necessarily be something they could take into account. The right to light act is a different issue entirely.

We've done lots of fact gathering and have highlighted where the plans go against local or national planning policies. There are a couple of things that aren't included in the local policy but are in neighbouring boroughs so we've been told to use these examples- I.e there doesn't seem to be any guidance on distance between dwellings but the surrounding boroughs have very specific guidance.

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Original poster
SkinnyMirror · 27/08/2021 10:29

@simitra

Are the bats roosting in any other structures nearby or just your end gable? Will the building work then disturb their main or only habitat?

You should examine any planning applications with your council where the impact upon similar wildlife was an important consideration.

We're speaking to our local councillor about the bats today. I'm sure this must have been raised before. We're quite rural and there are lots of old buildings which are perfect habitats for bats and land around here is sold at a premium because it's a desirable place to live.
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Original poster
SkinnyMirror · 27/08/2021 10:34

They're also claiming the property would create affordable housing for local people as young people are often priced out of the village. However, a detached house, with parking and views like we have which is a two min walk to the village would cost in excess of £400k ( we're in the north of England) so it's hardly affordable housing!

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Seeline · 27/08/2021 10:43

I wouldn't rely too much on the bats. It's very easy to provide mitigating measures to get round any objections on those grounds.

With regard to distance between buildings, most Councils require new development to be 1m from the side boundary, so 5m between your property and the new dwelling would seem ample. Most separation policies relate to back to back distances, or flank to back.

Affordability has a specific meaning under the planning legislation and such dwellings are subject to special controls to ensure they remain affordable - usually under the control of a Housing Association or similar social housing body.

Your strongest areas for objection are the Green Belt grounds and the impact on the Conservation Area. I would concentrate on those issues.

TheGallopingGourmet · 27/08/2021 11:18

You mentioned a photo included in the application that is misleading.
I would include lots of photos in your letter of objection. We applied for planning permission to increase the size of 2 windows on the upper elevation of the gable end of our house. Due to Covid, the planning dept were not making any site visits. I had to take several photographs of my neighbours and next door but one nrighbours houses and gardens from different angles. If there are several objections ( I once read that to be approximately 10), the planners would visit the site. However, due to Covid that might not happen. You need to be one step ahead and keep absolutely bang up to date with every step if this planning application.
Good Luck

Original poster
SkinnyMirror · 27/08/2021 11:27

With regard to distance between buildings, most Councils require new development to be 1m from the side boundary, so 5m between your property and the new dwelling would seem ample. Most separation policies relate to back to back distances, or flank to back.

Some councils have policies which specify different distances depending on the placement of windows etc.

We were away and got back home yesterday and have been out measuring. The house would be 3.8m from our actual house but less than 1m from our boundary as we have a pathway down the side. They can't move it any further away as there just isn't the space!!

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Original poster
SkinnyMirror · 27/08/2021 11:32

@TheGallopingGourmet

You mentioned a photo included in the application that is misleading. I would include lots of photos in your letter of objection. We applied for planning permission to increase the size of 2 windows on the upper elevation of the gable end of our house. Due to Covid, the planning dept were not making any site visits. I had to take several photographs of my neighbours and next door but one nrighbours houses and gardens from different angles. If there are several objections ( I once read that to be approximately 10), the planners would visit the site. However, due to Covid that might not happen. You need to be one step ahead and keep absolutely bang up to date with every step if this planning application. Good Luck
Thank you. We have lots of pictures and our neighbours have videos of the bats.

I reckon there will be a decent number of objections.

I'm trying to keep emotions out of it but I did have a wobble at the thought of losing this view 😭

The proposed development site is directly under the window but not shown on the pic.

Advice on objecting to planning permission
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Original poster
SkinnyMirror · 27/08/2021 11:33

Actually, you can just see the corner of one of the garages.....

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Marni83 · 27/08/2021 11:38

The right to light…

It really does need to be be very substantial

And if 50 metres away…. And only 3 storey. I suspect not even close to meeting the criteria.

It’s an area that I have experience in

Marni83 · 27/08/2021 11:40

I suggest you read this

www.right-of-light.co.uk/resources/factsheet-2/

TheGallopingGourmet · 27/08/2021 11:40

It would be a tragedy if you were to lose that view. You don't have a right to a view, but you do have a right to light. The proposed build would surely affect that.

Original poster
SkinnyMirror · 27/08/2021 11:40

@Marni83

The right to light…

It really does need to be be very substantial

And if 50 metres away…. And only 3 storey. I suspect not even close to meeting the criteria.

It’s an area that I have experience in

It's not 50m .... that was a typo. We thought it was around 5m but now we're back off holiday and have measured it it's actually 3.8m and less than 1m from our boundary.
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Original poster
SkinnyMirror · 27/08/2021 11:41

[quote Marni83]I suggest you read this

www.right-of-light.co.uk/resources/factsheet-2/[/quote]
I've bookmarked this 👍🏻

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Marni83 · 27/08/2021 11:43

I don’t think you can get access to it without paying (I get access with work”

Essentially you’re looking at a 50% loss of light. Minimum

Most local councils are very very keen on dwellings being built. Especially on type of land you have described

I am afraid OP, I suspect it will go through

Marni83 · 27/08/2021 11:44

What type of area do you live in? Ie residential? High density? Rural?

Original poster
SkinnyMirror · 27/08/2021 11:46

@TheGallopingGourmet

It would be a tragedy if you were to lose that view. You don't have a right to a view, but you do have a right to light. The proposed build would surely affect that.
It absolutely will. We have two windows on the gable end which let in a significant amount of light - without them the house is very dark. Our neighbours on the other end of the row don't have these windows and the difference is huge.

The proposed house will block both windows.
The issue for planning purposes is that they're non habitable rooms but right to light legislation can include stairways and landings but we'd have to deal with that as a private matter rather than a planning matter.

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Original poster
SkinnyMirror · 27/08/2021 11:46

@Marni83

What type of area do you live in? Ie residential? High density? Rural?
Rural, green belt and in a conservation area.
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Marni83 · 27/08/2021 11:48

How rural?
Do you have neighbours
What type of property is your home?

Original poster
SkinnyMirror · 27/08/2021 11:48

We also have a colony of bats living in our gable end who use the proposed area for foraging. It's also regularly visited by deer.

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Welshiefluff · 27/08/2021 11:49

The house is 50 metres away and replaces a dumping ground. WTF is your problem with it?

Seeline · 27/08/2021 11:51

Green Belt policy is usually fairly strictly upheld. You can replace a building in the Green Belt, but only if the new building is in the same use and isn't materially larger than that which it replaces. It sounds as though the new dwelling will be significantly bigger in terms of footprint, height and bulk.

You can also redevelop previously developed land but it should not have a greater impact on the openness of the Green Belt than the existing development. Look at the National Planning Policy Guidance, chapter 12. There should be policies in the Council's Local Plan too.