Fighting a development

[Carol]

We have just heard that a nearby house owner is planning to 'develop' their large-ish garden and small house in a Conservation area. My neighbours and I are not pleased and I wonder what others think is the best way to fight back. All nearby houses are Listed (G.II) and I hope this includes all the garden walling around each property. How likely is it that some of these walls may be allowed to be demolished?

 

[skier-hughes]

First thing I'd do is go down to the council offices and view the plans, then decide on whether you want to fight it. Work with facts rather than heresay.

If you decide you want to fight it, then you'd need to find out what basis you could fight it on, such as the, building in a conservation area, materials used, the protection of listed work etc.

 

[Carol]

Nothing is in to the Council .... yet. I'm just girding my loins and preparing myself. I keep stroking the lovely old many-layered lime finish and mortar on the walls and promising, I will fight to keep it!

 

[Nemesis]

Carol - I've just been part of a long battle re something similar (which despite massive opposition, including EH was lost... our local authority is rubbish...) but in theory the walls may be curtilage listed and also covered by Conservation Area status.

The ovely old wall was deemed to be Ok to be demooished and rebuilt in a different place - this was deemed conservation of a listed structure! If only we had had the cash I would have sought Judicial Review.

Every application is different however, and there are great many variables.

Is the development for more housing, or to extend the existing?

When you know more come back and let us know. Also, worth contacting the CO to ask if any informal approach has been made, and any advice given to the owner.

 

[skier-hughes]

Nothing is in to the Council .... yet. I'm just girding my loins and preparing myself.

My point was there is no point in getting to angry yet, your local council may decide that nothing can be done and you've wasted all that energy that could have been used on the gardening or even building bridges

 

[Carol]

Thanks for that very wise advice. I know I am working myself up far too soon also according to OH! I may have a quiet little chat to the CO as the walls are really lovely. Not sure I have enough space for a bridge but nice to window shop, I'd go for a Monet style one!

Forewarned is forearmed!

 

[Nemesis]

When the plans are in and public consultation period is upon you, there will be very little time to research the legal and planning stuff and rally opposition. So start now!

Once the plans have been passed it's too late.

 

[DaveBrigg]

We've just been through a similar process appealing against a new build being erected on what was once the farm orchard, next to our house.
We had exellend support from the District Council. The CO worked with someone in the planning dept, after the original plans had been rejected by the council three times. The developer then appealed to the planning inspectorate, who have a detailed website which explains the process.
The council submitted their objections which centred on the negative impact any building would have on the setting of our GII listed house. There would not be any direct damage to the curtilage, but the setting would be affected. I also submitted some pictures and a letter that highlighted the work we had done to restore the house (at risk) and the historic nature of the building.
In short, the Inspector had a visit and the building application was rejected. The full details are here http://www.pcs.planningportal.gov.uk/pcsportal/ViewCase.asp?casename=APP/N2535/A/07/2043972&caseaddress=COO.2036.300.2.7131752
Highlights include "It is clear that the appeal site forms the remnant of the original more open general setting of Church Farm, and I agree with the Council that the proposed house would significantly erode that residual setting. Although a view would still be possible from Green Lane towards the rear of the listed building and over its main roof towards the top of the church tower, I consider that such a view would be materially changed to one of a domestic and suburban character, thus relinquishing the semi-rural context in which Church Farm has
stood for much of its life."

And "This important element of the established setting of the listed building would thus be seriously harmed.
6. I conclude therefore that the proposed development would not, in terms of section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, serve to preserve the setting of the listed building. Such harm would also be damaging to the visual character of this part of the village, as the setting of
Church Farm is an integral element of that wider scene. It follows in these circumstances that the appeal development would conflict with the development plan in Policies STRAT1(vi) and (vii), STRAT6(i) and (vii) and NBE3(iii) of the West Lindsey Local Plan First Review 2006 (LP)."

Good Luck!

 

[Nemesis]

I hate to throw a damper, but - it's not always so simple, and each case needs to be taken on its merits. Right doesn't always win, alas.

And appeals can overturn decisions, and another set of plans can be submitted which may address the issues of concern, and additionally comply with whatever the latest gov wheeze is (affordable housing...)

So when the details are found, posting here the details may bring some suggestions from those of us with a great deal of experience of the vagaries of planning procedures.

 

[DaveBrigg]

So when the details are found, posting here the details may bring some suggestions from those of us with a great deal of experience of the vagaries of planning procedures.

I guess until then, you are just left with the lesser mortals

 

[Nemesis]

Not what I meant - but it isn't simple and there are grounds on which to object which are material planning considerations and ones which aren't. It so much depends on the local authority, however.

My own local authority has had its fingers burnt at an appeal and inquiry trying to fight a conservation area/setting of listed building battle. Cost them/us a great deal of cash.

Currently in the middle of one of the biggest conservation battles in years, with the Smithfield inquiry - again, all policies for the historic environment are being ignored, the City passed the plans, and we have no idea if in the end conservation will triumph over nasty developers. There are so many conflicting policies which come into play.

Also elected members have been known to go against officers' advice and pass things which should never have been passed according to national guidance.

People who want to develop usually get their own way in the end, because there is a planning presumption in their favour. They simply adjust their plans, looking at the grounds on which they were initially refused, and try again, often with a planning consultant in tow.

It's depressing but fact of life.

 

[Carol]

After a year of worry and indecision we have finally been able to buy a portion of this land (it once belonged to this house) and it won't be developed. Other neighbours have done the same and we are happily reinstating old boundaries and pruning long neglected trees and shrubs. Apparently the costs of improving Grade II buildings and developing within curtilage is now considered rather expensive and the sellers preferred to sell.

Phew! Am quite looking forward to a very large area of wall pointing to do, in lime of course!

 

[Pford75]

Carol - congratulations...sounds like good news.

Thanks for updating the thread

 

[skier-hughes]

Super news, happy gardening!!!!!!

 

[Flyfisher]

Sounds like everyone has come out as a winner - the best sort of resolution!
Congratulations.

 

[FamilyWiggs]

Good news Carol - one to chalk up for common sense and community.

 

[DaveBrigg]

Congratulations indeed. Out of interest, could you tell me how the valuation of the land was agreed?

 

[Nemesis]

Re Smithfield - I heard a minute ago that we won.

 

[rogerh]

Re Smithfield - I heard a minute ago that we won.

Have you really? That's great. Any details?

Roger

 

[Nemesis]

I'll send you a PM.