How To Object To A Planning Application e Book
How To Object To A Planning Application e Book
Introduction
So a planning application has been submitted to develop land close to you. Your initial feelings? Horror, panic, and utter helplessness - at least in my experience. You can think of a thousand reasons why the proposal should not be granted. After all, who is better placed than you, a resident of the area, to know the problems and issues the development could cause? But how do you convey your fears to the powers that be in a way that persuades them that your point of view is the right one? How do you avoid being accused of Nimbyism? And how do you put up a decent fight against a developer who more often than not is experienced and highly skilled at presenting their case in the best possible light, and offering an argument that even the most reluctant planning officer would struggle to disagree with? Let me tell you: it IS possible. I have successfully fought different proposals to develop the land adjacent to mine. But it wasnt without spending night after night trawling the internet, books, newspapers and countless other resources in my quest to write the most effective letter of objection to a planning application. In writing a letter of objection to a planning application, the biggest mistake can be making your letter too personal. I totally understand the temptation when you feel so outraged and fearful about the proposal. But you only weaken your case if you include points that bear no relevance to the planning guidelines that planners will weigh the proposal against. For every legitimate objection to a planning proposal there is another completely irrelevant objection to be made. The key is to find out which is which and stick to the former, make sure you keep your objection letter businesslike and relevant, and communicate with the planning officer in a language they understand. When I did my research I became frustrated with the lack of useful guidance thats out there. You tend to think that the internet offers everything, but in this case I found it came up short. So this short guide is my attempt to redress the balance slightly. I hope to have captured all the key things I learned during my planning battles and provided you with some useful advice and pointers on how to write the most compelling letter of objection.
Contents
1. Notice of Planning Proposal 2. Research the application 2.1 The application form 2.2 Planning, Design & Access Statement 2.3 Elevations & Floor Plan 2.4 Site Plan 2.5 Tree survey (if there are any protected trees affected by the application)
3. Decide on your grounds for objecting Key points of objection: 3.1 Detrimental impact upon residential amenities 3.2 Need to avoid town cramming 3.3 Adverse impact on protected trees 3.4 Loss of privacy and overlooking 3.5 Overshadowing/loss of light 3.6 Highway safety, inadequate parking and access 3.7 Ground stability and drainage 3.8 Non-compliance with other council planning policies/government planning guidance
4. Writing your objection letter 5. Getting support for your position 6. Final tasks 7. Taking it to the Planning Board 8. Appeals 9. Useful websites 10. Sample letter 11. Sample reasons for planning refusals 3
If you do choose to visit your local planning department, look out for useful leaflets and guidance booklets about the planning process in your area. These may also be available on the councils website.
In my experience reviewing the application form is useful mainly so that you know full details about who is proposing the development, and so that you can check what basic claims they are making about the site. The more useful information is contained in the Planning, Design & Access Statement that many councils now require prospective developers to submit with a planning application.
example: prove to the council that the proposal is a direct contravention of its own publicly-available policies and guidelines. Where possible the applicant will use terminology that reflects the councils own wording in policy documents, to illustrate clearly their compliance with these policies. You need to do the same. Here is some sample text illustrating the above points:
Paragraph (ii) of Policy 4.19 concentrates upon the `appearance and treatment of spaces between and around buildings`. The physical space between the proposed dwelling-house and existing properties either side makes more efficient use of the available site area with regards to scale, density, height, massing, layout and materials as well as safeguarding the amenities of neighbouring residents in accordance with Policy 4.19 objectives.
See sections 3 and 4 for more guidance about the wording to use in your points of objection. There is also a sample letter in section 10 illustrating the above points. Quoting council objectives As well as specific planning policies, the applicant will seek to identify broader objectives that the council has set with which they are complying. These might revolve around issues such as promoting residential developments that meet a variety of housing needs, and maintaining an adequate and continuous supply of housing within the borough. For every objective the council may have around fulfilling housing quotas, they will also have objectives around preserving the existing built and natural environment. Just remember: for every clause, you should be able to find a counter clause. For example, the applicant may state that the development is considered relevant to an objective from the District Wide Local Plan, Chapter 2: To help meet the housing, employment and social
requirements of all members of the community.
Quoting government guidance In addition to local council planning policies and objectives, the other area of legislation that developers need to demonstrate their compliance with is that which is set by the government. National planning policy guidance in respect of new development takes the form of Planning Policy Statements (PPS).
| Ruth Allen March 2010
There are many of these, but in my experience the Planning Policy Statements that have been most relevant are PPS1: Delivering Sustainable Development and PPS3: Housing. The applicant may call upon broad aims in these statements around ensuring the provision of sufficient housing, making efficient use of land, and many of the issues already outlined above. Again, the key is to identify flaws in the clauses cited, and find the counter clauses that make your case. For example the applicant may say:
Planning Policy Statement 3: paragraph 14 encourages Local Planning Authorities (LPAs) to promote designs and layouts which make efficient and effective use of land. Furthermore, when assessing design quality of a proposed development LPAs need to consider the extent to which the development is well integrated with, and complements, the neighbouring buildings and the local area more generally in terms of scale, density, layout and access.
Site description Where they can, the applicant will take the opportunity in the Planning, Design & Access Statement to emphasise that the site is viable construction land. They may use terms like under-used land and infill dwelling depending on the sort of proposal you are fighting. They use terms like these because councils are generally under pressure from the government to increase housing stock and make the best possible use of under-used land in their area. Therefore it is in the best interests of the developer to attempt to define the site as such. The developer is likely to point out what a valuable contribution the proposal could make to meeting the areas housing demand. They may even cite policies where the council states that development of under-used land should be encouraged. You need to apply this same principle in your objection letter. Decide how you feel the site should be described. If the site concerned is currently undeveloped, perhaps you could use terms like open space or woodland or green space anything that conveys that the land concerned is not underused waste land, but valuable open space enjoyed by residents. If you can define the land as a Greenfield site this is a very powerful term to use as councils have more power to restrict development on such sites. Disappointingly, if the land in question is currently part of a back garden, legislation states that it must currently be defined as Brownfield land. (The reclassification of back gardens as Greenfield land is currently being considered by politicians in response to pressure to curb the growing trend of so called garden grabbing.)
Sustainability The Planning, Design & Access Statement will detail how sustainable the location is: its proximity to public transport and road networks, shops, places of worship and recreation areas. Councils are under constant pressure to increase uptake of public transport and reduce the number of cars on the road, so if the site concerned is particularly isolated or access is limited, this could be good grounds for objection. Photographs The applicant may also submit photographs as part of the Planning, Design & Access Statement to provide an illustration of the style of building the development will be fitting in with. These photographs will have been taken from angles that flatter the proposal and make the case for it. They may also have been taken at a time of day when traffic levels are low or there is plenty of available parking. You should follow the same example: take your own photographs to support your points and submit them with your objection letter. Remember, the planning officer doesn't know the site or its surroundings so any visual aid you can provide may help them to see your point of view.
You should also check the site plan for any inaccuracies that may make the developers case more favourable for them. For example depicting North/South/East/West inaccurately on the site plan may be a minor oversight, but one that may disguise potential overshadowing issues. It is also worth remembering that the site plan will only illustrate the site itself to scale. Properties beyond the site boundary that are actually very close by could be positioned further away on the plan to make the development look more spacious. It is also important to check that the existence of any large trees and their crown spread is illustrated correctly on the site plan, particularly if the tree is protected as this is a major planning concern (see sections 2.5 and 3.3 for more details about what to consider here).
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NOT material planning considerations: Loss of a private view Loss of value to your property Loss of private access rights Development contrary to a private covenant Loss of acquired rights to light Access for maintenance
| Ruth Allen March 2010
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Land ownership issues and boundary disputes if the applicant does not own the land they may still submit an application providing they notify all owners
If your private rights are a big factor in your objection, for example a boundary dispute or the existence of a restrictive covenant, although such issues are not a planning concern you may be able to take legal action. You would need to consult with a solicitor about this. Researching previous decisions Some examples of real reasons given by councils for refusing planning applications are listed in section 11. Your local councils website may also provide listings of planning application decisions. You should look through these to get an idea of the typical reasons your council cites for refusing proposals, particularly ones that are similar in scope and scale to the one you are fighting. This will give you an idea of some of the main policy concerns of your council, and may provide you with ideas about new areas of objection that you might want to consider or at least help you with the wording of similar points that you wish to make.
In the application you are fighting, it is likely that the applicant will have attempted to illustrate that the proposed development will fit in with neighbouring properties, be of a sympathetic design, and similar in scale and proportion. This is a key area of objection that you may want to consider. Is the property really of similar design or are there any proposed features that differ from neighbouring properties and would make the new development stand out? An external porch for example amongst properties that do not share the feature. The scale and proportion are also vital here is the proposed development the same size as those that neighbour it? A small detached property set amongst semi-detached or larger detached properties would not fit in with the scale of surrounding properties.
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Is the proposed development in a high or low density area? If the surrounding properties are characterised by large plots, with a lot of space between, then yours is a low density area. Does the plot size of the proposed development fit in with this street pattern? Have a look on the site plan at the actual measurement of the distance between the proposed development and the properties that surround it it may be in your interest to quote this in your objection if it is of particular concern. Will the new development have grounds that are in proportion with the building? I have found that because many of the applications I have fought have been attempting to fit a house into a plot that is much smaller than those that surround it, garden space can be very limited. To comply with planning guidelines new buildings are required to have a proportionate amount of outdoor space.
If you feel you have grounds to object here, you need to quote any relevant planning policies set by your council and then qualify how you feel the proposed development contravenes them. See the following sample text:
We believe that the proposed development is a direct contravention of policies X and Y. It does not respect local context and street pattern or, in particular, the scale and proportions of surrounding buildings, and would be entirely out of the character of the area, to the detriment of the local environment. The properties along X Road are characterised by large plots with large spacing between. The proposed dwelling would be just Xm from 45 X Road and just Xm from the boundary with 3 X Close. Access to the rear of 45 X Road and the new proposed property would be extremely limited. The proposed dwelling is a three storey detached house, yet its proportions are smaller than the neighbouring semi-detached property and a great deal smaller than the neighbouring detached property. The proposed dwelling incorporates an external porch unlike any other neighbouring property, so the scale and design of the development will be entirely out of keeping. The proposal would demonstrably harm the amenities enjoyed by local residents, in particular safe and available on-road parking, valuable green space, privacy and the right to enjoy a quiet and safe residential environment.
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In re-using land in the existing built up area the LPA will attempt to balance the demand for housing provision with the need to avoid town cramming. The appropriateness of residential redevelopment will depend on the social, environmental and economic characteristics of the site and the local area.
You should quote any relevant policies you can find and then qualify how you feel the proposed development contravenes them. See the following sample text:
We believe that the proposed development is a direct contravention of policies X and Y. The proposed dwelling would significantly alter the fabric of the area and amount to serious cramming in what is a low density area. The applicant states that the proposed dwelling would have a large garden, but the nature and orientation of the plot means that the garden would be very small for a three-storey dwelling, particularly compared with the large plots typically enjoyed by the surrounding properties. The proposal allows very little space for landscaping and we believe that it would lead to gross overdevelopment of the site. The proposed development would not result in a benefit in environmental and landscape terms, to the contrary it would lead to the loss of valuable green space.
It is worth citing the existence of any natural greenery or wildlife habitat on the proposed construction site and its value as a residential amenity. However, if any trees of significance, particularly those under tree preservation orders (TPO), could be affected by the proposed development then this is a particularly important point of objection. If there are any trees that you suspect could be protected under TPO on or near the proposed development site you can establish this by enquiring with your local planning office or checking the councils website. Equally the developer may have alerted you to the existence of such trees themselves by submitting a tree survey with their application (see section 2.5). In these circumstances you should consider the impact any construction work could have on the roots and the crown of the tree(s) and their future growth. 14 Large trees have even larger roots - could the proposed development impact upon the root stock of the trees, either during or after construction? What effect could roots have on the foundations of any building in the future? If root growth begins to undermine the structure of a building after a number of years, could this lead to requests for their removal?
If the tree has a large crown, would pruning of the tree be necessitated by the new development to allow natural light into the building? In heavily wooded areas, does the proposal allow for sufficient natural light to proposed properties? The living standards of future occupants of a building are something that a planning officer would need to consider.
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Human Rights Act It may also be worth citing in this point of objection the responsibilities of the council under the Human Rights Act, in particular Protocol 1, Article 1. This states that a person has the right to peaceful enjoyment of all their possessions, which includes the home and other land. Additionally, Article 8 of the Human Rights Act states that a person has the substantive right to respect for their private and family life. In the case of Britton vs SOS the courts reappraised the purpose of the law and concluded that the protection of the countryside falls within the interests of Article 8. Private and family life therefore encompasses not only the home but also the surroundings.
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Your comments made public Many councils make comments on a planning application open to public view, both in person and via their website. Remember that this means the person making the application will be able to view your comments so only include information that you are comfortable with them seeing. The positive side of this is that you can also view other peoples comments on the application which may provide you with an idea about the level of support for your position.
6. Final tasks
You may wish to contact the case officer when the publicity deadline is approaching to check whether they want to view the site from your property at any time during the site visit. This is primarily so that you can check that a site visit will definitely be taking place, but also because I have often found that the planning officer is likely to have had some time to consider the application by now and will sometimes be willing to give you a steer at this point about which way they are thinking. You can ask the council to acknowledge receipt of your objection letter and you can also ask that they notify you when a decision has been made on the application (you may need to provide them with a stamped addressed envelope). It is in your interest to be notified as soon as a decision has been made because if the planning officer is minded to approve the application, you will need time to prepare for the next step (see section 7). 19
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At the meeting, you will probably be allowed to speak for five minutes, with up to three speakers allowed. Just like your objection letter, you should keep your presentation short and succinct. Stick to the time limit and confine your comments to material planning considerations (see section 3).
8. Appeals
A developer submitting a planning application can appeal to the Secretary of State if they disagree with a planning application decision. Unfortunately an objector has no such right of appeal. If you are dissatisfied and feel that the council has acted illegally, irrationally or with procedural impropriety when making a decision, you may be able to appeal to the Ombudsman. However the Ombudsman will only look at a case if you have given the council the opportunity to review your concerns first.
9. Useful websites
Planning Aid Planning Aid provides free, independent and professional town planning advice and support to communities and individuals who cannot afford to pay planning consultant fees. It complements the work of local planning authorities, but is wholly independent of them. Areas where it can offer advice include: Commenting on planning applications Understanding and using the planning system Participating in preparing plans Preparing your own plans for the future of your community Applying for planning permission or appealing against refusal of permission Representing yourself at public inquiries
www.planningaid.rtpi.org.uk Communities & Local Government Communities and Local Government sets national planning policy, ensuring that people have decent affordable homes in well-designed accessible environments while protecting the countryside. Its website, www.communities.gov.uk contains useful planning information and guidance as well as factsheets about common areas of planning concern, such as privacy and overshadowing. There is also advice on planning permission, online applications and guidance on how the planning system works on its Planning Portal, www.planningportal.gov.uk You can use the Planning Portal to identify information about which Local Authority is responsible for planning in your area, the development plan for your area, contact details for your local authority and links to its website.
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[Date]
Dear Mr/Mrs/Ms X, RE: Planning Application XXXXXXXXX: [address of development site here] We wish to make you aware of a number of strong objections that we have with regard to the proposed development of an additional property on open space to the side of [address of development site], application number referenced above. As an immediate neighbour to the site of the proposed development, we are of the view that the proposed development will have a serious impact on our standard of living. Our specific objections are as follows: 1. Detrimental impact upon residential amenities
District Wide Local Plan, Policy 4.19: Proposals for development should be of good design and respect the character of the surroundings. The Local Planning Authority will have regard for i) the appearance and treatment of spaces between and around buildings ii) the amenities of neighbouring residents. District Wide Local Plan, Policy 6.2: Residential development will be permitted except ii) where it would demonstrably harm the character or appearance of an area or amenities enjoyed by local residents. District Wide Local Plan, Policy 6.49: In determining applications for residential infill development, the LPA will take into account the form, size and character of adjoining development. An acceptably sized plot in a high density area may not be of acceptable size in a low density area typically characterised by larger properties built on substantial plots. The means of access should be both safe and convenient, and should not adversely affect the amenities of any existing residential property. Adequate provision should be made for car parking. There should be sufficient space between old and new buildings to maintain the amenity and privacy of adjoining houses. District Wide Local Plan, Policy 6.8: Infill residential development will be permitted in appropriate locations subject to detailed considerations including density, height, site coverage, means of access, landscaping, physical considerations, open space and parking provision. New developments will be expected to (i) complement and respect the character and amenity of neighbouring developments ii) provide a high standard of layout and design that ensures adequate privacy for the occupants of the building and of adjacent residential properties (iii) provide a pleasant and safe residential environment
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We believe that the proposed development is a direct contravention of these policies. It does not respect local context and street pattern or, in particular, the scale and proportions of surrounding buildings, and would be entirely out of the character of the area, to the detriment of the local environment. The properties along X Road are typically characterised by large plots with large spacing between. The proposed dwelling would be just 1m from X X Road and just 1m from the boundary with X X Close. Access to the rear of X X Road and the new proposed property would be extremely limited. The proposed dwelling is a three storey detached house, yet its proportions are smaller than the neighbouring semi-detached property and a great deal smaller than the neighbouring detached property. The proposed dwelling incorporates an external porch unlike any other neighbouring property, so the scale and design of the development will be entirely out of keeping. The proposal would demonstrably harm the amenities enjoyed by local residents, in particular safe and available on-road parking (see point 6), valuable green space (see point 3), privacy (see point 5) and the right to enjoy a quiet and safe residential environment. 2. Need to avoid town cramming
District Wide Local Plan, Policy 4.25: The Local Planning Authority will require that, where necessary, development proposals include sufficient land for planting and landscaping. District Wide Local Plan, Policy 4.51: The appearance and treatment of the spaces between and around buildings is also of great importance. Where these form part of an application site, the landscape design will often be of comparable importance to the design of the buildings and should likewise be the subject of consideration, attention and expert advice. The aim should be for any development to result in a benefit in environmental and landscape terms District Wide Local Plan, Policy 6.52: In re-using land in the existing built up area the Local Planning Authority will attempt to balance the demand for housing provision with the need to avoid town cramming. The appropriateness of residential redevelopment will depend on the social, environmental and economic characteristics of the site and the local area.
We believe that the proposed development is a direct contravention of these policies. The proposed dwelling would significantly alter the fabric of the area and amount to serious cramming in what is a low density road (see point 1). The applicant states that the proposed dwelling would have a large garden, but the nature and orientation of the plot means that the garden would actually be very small for a three-storey dwelling, particularly compared with the large plots typically enjoyed by the surrounding properties. The proposal allows very little space for landscaping and we believe that it would lead to gross over-development of the site. The proposed development would not result in a benefit in environmental and landscape terms, to the contrary it would lead to the loss of valuable green space. 3. Protection of valuable open space under TPO We have grave concerns about the adverse effect the proposed development would have on a large English Oak tree under TPO. Our concerns relate to: 23
a) the impact upon the crown of the oak and its future growth. Having reviewed the tree survey submitted with the planning application, we believe some of the information supplied to be incorrect, in particular the claim that pruning will not be required and is unlikely to be required in the future. The crown of the tree is so close to the back of the proposed dwelling that it would actually foul the building, and constant subsequent pruning of the tree would be required. This is clearly evident when the land is viewed along the building line from the rear of our property (please see enclosed photo) and we would welcome a visit from the planning officer or tree officer to illustrate this at first hand. The proposed dwelling incorporates windows only to the front and rear of the property. But the rear of the property is heavily covered by the oak tree which will allow little natural light into the property. We seek reassurance that, if the proposed development is approved, future occupants of the new development would not have the right to request the removal or pruning of the protected tree or other trees vital to the character of the area to increase the amount of natural light the proposed property would receive. We feel that the proposed development makes no consideration for the living standards of future occupants of the development, which would enjoy little natural light when the surrounding protected trees are in full leaf. b) the potential damage that heavy excavation equipment and the extent of excavation for the development would have on the root system of the tree and those of two neighbouring oaks also under TPO. The tree survey indicates that the root system of the tree would reach beneath the proposed dwelling, therefore we also have concerns about the effect that the roots could have on the foundations of the property in the future and requests to remove the tree that might stem from this. One of the councils broad aims set out in the District Wide Local Plan is to protect or enhance the local environment including wildlife habitats, trees and woodland. The woodland concerned is a wildlife haven for many birds and animals and the oak trees under TPO add significantly to the amenity of the area.
District Wide Local Plan, Paragraph 6.11: It is important that development of vacant urban land should not involve the loss of valuable open space. Furthermore, sensitive planning control is necessary to ensure that the cumulative effects of redevelopment do not damage the character and amenity of established residential areas.
Green open space is in scarce supply in our area and this woodland site and the trees on it provide a valuable contribution to the street scene and area and are an amenity for local residents. 4. Ground stability and drainage
District Wide Local Plan, Paragraph 3.57: Government guidance on land stability contained in PPG14 Development on unstable land states that the principle aims of considering land instability at the planning stage are to minimise the risks and effects of land instability on property, infrastructure and the public, and to assist in safeguarding public and private investment by a proper appreciation of site conditions and necessary precautionary measures
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District Wide Local Plan, Paragraph 3.60: The structure plan acknowledges that the stability of land can have significant implications as to what form of development is appropriate or could be considered. There are circumstances where the instability of land may preclude certain types of development, and implementation policy B requires that when preparing local plans and determining applications for development the local planning authorities should take into account the stability of the site and its surroundings. District Wide Local Plan, Paragraph 3.62: certain areas of the borough have been identified where particular consideration of instability will be needed, in particular land that is graded and subject to subterranean water flows.
We have serious concerns about the impact the proposed works could have on the stability of our property. The land is steeply graded, and subsidence is already a concern with the existing properties at X and X X Road. Any excavation work could have a serious adverse impact upon the stability of the existing structures. In addition, proposed necessary works to X X Road, including the relocating of two large windows, will involve substantial works including the removal of a chimney flue on the rear of the house. The works will also require the demolition of a large support structure incorporating a balcony from the side of X X Road. These are major works to be carried out on a circa-1930s property and we have serious concerns about the impact that such works could have on the stability of our own adjoining property. The land in question incorporates a steeply sloping bank and was once the site of a stream. Significant moisture in our garden leads us to believe that there may still be some form of watercourse running beneath the land. We have concerns about the impact of the proposed development on surrounding properties in terms of drainage as well as ground stability. 5. Loss of privacy and overlooking
District Wide Local Plan, Policy 6.8: New developments will be expected to (ii) provide a high standard of layout and design that ensures adequate privacy for the occupants of the building and of adjacent residential properties.
The proposed site of development is at such an angle that the primary amenity area of our garden, a raised terrace with seating, would be severely overlooked from the top rooms of the new development, resulting in a serious invasion of our privacy. We believe that the proposed development is a direct contravention of Policy 6.8 of the District Wide Local Plan. The design of the proposed development does not afford adequate privacy for the occupants of the building or of adjacent residential properties, particularly with regard to their right to the quiet enjoyment of garden amenities. We would urge you to consider the responsibilities of the council under the Human Rights Act in particular Protocol 1, Article 1 which states that a person has the right to peaceful enjoyment of all their possessions which includes the home and other land. We believe that the proposed development would have a dominating impact on us and our right to the quiet enjoyment of our property. Article 8 of the Human Rights Act states that a person has the substantive right to respect for their private and family life.
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In the case of Britton vs SOS the courts reappraised the purpose of the law and concluded that the protection of the countryside falls within the interests of Article 8. Private and family life therefore encompasses not only the home but also the surroundings. 6. Inadequate parking and access
District Wide Local Plan, Appendix 4: According to the parking guidelines set out in this document, a
three bedroom house in general residential development is required to have parking space for a minimum of two cars, provided that there is access to a further unassigned space nearby. We believe that the proposed development does not provide sufficient parking space to meet these requirements. In addition to this, there is already intense on-street parking pressure on X Road, and we believe the proposed additional parking provision will damage both highway safety and residential amenity. The driveway at X X Road currently already accommodates two car spaces. Although the submitted plans detail two off road parking spaces, the changes to the driveway layout detailed in the proposal would entail the loss of a further existing much-used on-road parking space. Therefore instead of two off-road spaces for one property and one on-road parking space, there would only be two offroad spaces now divided between two properties with potentially double the amount of traffic. Parking is already an issue on the road as none of the other properties have off road parking, so the loss of a current on-road parking space will mean the loss of a valuable residential amenity. We also have serious concerns that the plot size and orientation will not easily accommodate cars in the layout proposed. The area concerned is a corner plot, and when a car is parked outside X X Road, this car combined with the lamppost situated between the two proposed spaces would make access to the proposed spaces very limited and only possible from one direction. As X X Road is a let property containing five let bedrooms, the property already generates significant parking demand. The increased demand that the proposed new development would add to this, combined with the restricted access issues outlined above, will present a serious threat to highway safety. 7. Non-compliance with other District Wide Local Plan policies
District Wide Local Plan, Chapter 2.13, Objective 4: To protect or enhance the local environment, including wildlife habitats, trees and woodland parks and gardens, urban open space, water resources, the coastline and the green belt.
The applicant states that the development is considered relevant to an objective stated in Chapter 2, however, we consider the proposed development to be a direct contravention of the above objective from the same chapter. 26
District Wide Local Plan, Chapter 6, Objective 4: To enable the provision of affordable housing to meet local need and to ensure that the housing will continue to meet that need in perpetuity.
The applicant states that the proposed development supports the councils above objective with regard to affordable housing. But we would like to point out that the dwelling proposed would not fall within the definition of affordable housing. House prices in the area are typically in the region of around 200,000, and as the new development would inevitably be priced at a value with reference to this we do not believe the new dwelling would be considered to be affordable to people on a low income.
District Wide Local Plan, Chapter 6, Objective 5: To ensure that the new housing development on infill sites is appropriate and takes account of the characteristics of each site.
The applicant states that the development is considered to be applicable to objectives listed in Chapter 6, however, we consider the proposed development to be a direct contravention of the above objective from the same chapter. See points 1 and 2. 8. Non-compliance with Government guidance
Government Planning Policy Statement PPS1, Paragraphs 17 19: The Government is committed to protecting and enhancing the quality of the natural and historic environment, in both rural and urban areas. Planning policies should seek to protect and enhance the quality, character and amenity value of the countryside and urban areas as a whole. A high level of protection should be given to most valued townscapes and landscapes, wildlife habitats and natural resources. Government Planning Policy Statement PPS3: Housing, Paragraphs 13-14: Good design should contribute positively to making places better for people. Design which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions, should not be accepted. LPAs should encourage development that creates places, streets and spaces which meet the needs of people, are visually attractive, safe, accessible, functional, inclusive, have their own distinctive identity and maintain and improve local character.
We believe the proposal to contravene this guidance as it is to the detriment of the quality, character and amenity value of the area, as outlined in the points above. In conclusion we would also like to request that, should the application be approved, the council consider using its powers to enforce controlled hours of operation and other restrictions that might make the duration of the works more bearable. The proposed site of development is very small and contained, with no road frontage, so we would ask that consideration be made about how and where construction vehicles and staff would gain access to the site for unloading and parking without causing a highway hazard or inconveniencing neighbours. We would be grateful if the council would take our objections into consideration when deciding this application. We would welcome the opportunity to meet with a representative of the planning department at our home to illustrate our objections at first hand. Sincerely, 27
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The layout and siting, both in itself and relation to adjoining buildings, spaces and views, is inappropriate and unsympathetic to the appearance and character of the local environment. Insufficient parking space will adversely affect the amenity of surrounding properties through roadside parking on this narrow lane/busy junction. The mass, bulk and proximity of the rear elevation would present an overbearing and intrusive element to those neighbours at the rear of the property. The proposed parking for the development resulting in overspill parking in XXXX Road, on a bend in the road, which reduces the available road width to the detriment of road safety. The close proximity of a two storey house with the incorporation of the mature oak trees into the garden area create a cramped building to tree relationship which is likely to place detrimental long term pruning pressures on both specimens arising from concerns by future occupants over issues including the size of the trees, safety and overshadowing. Because the likely adverse effect would detract from the prominent visual quality of these trees the proposed development does not comply with policy. The erection of a two-storey end of terrace house in advance of the building line of neighbouring properties is out of character with the layout of development in the area and thereby detrimental to residential amenities. The formation of an on-site hard standing area with a dropped cross over for six vehicle spaces is out of keeping with the established character of the surrounding area which mostly consists of traditional front gardens with grassed area. The proposal by reason of the overall floor area created and in the absence of any very special circumstances would lead to an inappropriate form of development in the Green Belt, detrimental to its open, rural and undeveloped character. The proposal by reason of its siting would lead to a fragmented form of development along the frontage of XXXX Lane out of keeping with and detrimental to the character and appearance of the area and would be harmful to the open, rural and undeveloped character of the Green Belt. The proposal represents an inappropriate form of development within the Green Belt and in the absence of any special circumstances would by its inappropriateness have a harmful impact on the open, rural and undeveloped character of the Green Belt. The proposed layout would give rise to a relationship between the protected trees, the living accommodation and external amenity area that would be considered to be both cramped and oppressive, such as to result in a poor outlook from habitable accommodation and a poorly lit, heavily shaded and uninviting rear garden. This impact would be considered to give rise to pressures to prune the canopies of the protected trees and thereby undermine the amenity value of the trees and there subsequent contribution to the appearance and character of the area. The built layout proposed could give rise to significant severance of the root stock of the protected trees due to the footprint of the building and retaining wall. 29
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Thank you for downloading this Ebook, I hope you found it useful. If you havent already done so and you think the book was good value, I would be very grateful if you would make a donation of 2.99 via the donate button on the website, www.howtoobjecttoaplanningapplication.com . Please also let me know if you have any comments by completing the feedback form on the website. And finally, may I wish you the very best of luck with your planning battle!
Ruth Allen March 2010 |