How do I object to planning consent?

[DaveBrigg]

Does anyone have experience of objecting to planning consent? We bought a grade II listed farmhouse in August, near the centre of a village, but the seller kept the orchard which was in effect the back garden. The fruit trees have been removed, but there are about a dozen mature trees around the border. He has now applied for planning permission for a two storey house and garage.
There are several reasons why we would rather this was not consented to: at its nearest point the boundary is only five metres from our house, so it would be close. When we dug in the garden to lay new water pipes a range of old bits of pottery turned up, which may mean there is a need for archaeological research. The house has also caused interest with the conservation officer, who thinks that the original structure may be medieval, with a possibility of an end wall being Norman. He has mentioned a possibility of the listing being changed to grade I. Opposite the house is a listed church, so the setting has not changed for centuries, and to have a modern four bed house would certainly change the area.

Are any of these valid reasons to object though? And does anyone have experience of wording a letter so that it will be taken note of? We have already contacted the conservation dept, who are going to object themselves.
Thanks
Dave

 

[Nemesis]

First of all - contact the local authority, and see what the 'local plan' says this land is zoned as, and any adopted policies which apply. It may be that building housing there is outide the local plan. If it's 'affordable housing though that's a hard one to counteract!

Then look at such issues as is it in a Conservation Area?

What is the access liable to be like, will it pose problems? Highways will have to be consulted, get the officer onboard...

It may adversely affect the setting of listed buildings. That's a hard one though. It may also be too close, with overlooking windows, affecting privacy - another hard one.

It may be that it's considered overdevelopment, or too tall in the context of the village.

Get a TPO on the trees if poss... PDQ...

The County Archaeologist may insist on a survey.

You may not be able top prevent it, but you may be able to ensire something sympathetic is built.

 

[NT]

Isnt a listed property's garden is covered by the listing, so would need lbc as well as pp?


NT

 

[Johneds]

My advice is keep it simple. Long rambling letters are less effective than plain bullet point fashion. There is no point trying to work out which of your objections are valid, just make all the points you want to. The case officer will read everything you say and will decide if it is valid or not.

I would also write to your MP and local councillors but with a much stronger letter including more detail. (because they will probably not be familiar with the situation)

About three or four weeks before the decision date you should contact the case officer and find out if the application is to be supported or not. If it is you should ask for an explanation - and follow this up with a strong letter specifically asking for a point by point response to your objections. Also of course write again to your MP and local counciller.

If the application is to be supported you might have to consider investing in some professional advice - or you might want to consider this now depending on how critical this all is to you.

Are you aware that you can follow the progress of the application online at http://www.UKPlanning.com

 

[Gareth Hughes]

Isnt a listed property's garden is covered by the listing, so would need lbc as well as pp?


NT

Just to clarify, existing pre-1948 structures within the curtilage are treated as part of the listed building, but new works which do not physically touch the LB (no matter how awful) do not need LBC in addition to PP.

Effect on the setting of a listed building is a material consideration in determining a planning application and is a good ground for objection, along with all the others.

"It will devalue my property", by the way, is NOT a planning consideration. You'd be amazed how often that's the only argument advanced by an objector - the law says it's irrelevant.

 

[Nemesis]

It's an interesting one this, as I'm currently wondering what at Blackpool Pleasure Beach may actually be argued as curtilage to the listed Casino building...

 

[Gareth Hughes]

It's an interesting one this, as I'm currently wondering what at Blackpool Pleasure Beach may actually be argued as curtilage to the listed Casino building...

I'd have thought, "very little" - for a start it's 1937-40, so not much opportunity - due to events post September 3 1939 - to build any pre-1948 structures within its curtilage (and I wouldn't want to try arguing that it had a curtilage before it was built.), and the putative curtilage buildings would have to be ancillary to the principle listed build as well.

In the circs, I imagine the Nash, etc, might have to be fought for seperately.

 

[Nemesis]

There is precedent elsewhere (which I won't go into here...) but I wonder how much of that is a good CO fighting for stuff!

No, I agree - it's just a thought. You are right of course.

It's all been beautifully repaired this year - looks wonderful.

The Nash is going to be fought for, but I'm just finishing a submission for elsewhere. A VERY long shot though... will send through. It's still rough around the edges and tidying it up, but any comments asap or the dozers ya be there first.

 

[gsport george]

Is it a conservation area?

Have you spoken to the planning officer? If you ring the planning officer they will probably come out and talk to you face to face (they did here)...

Does the new house/orchard have good access?

Are there any other "modern" buildings nearby?

George

 

[DaveBrigg]

Thanks again for all the extra ideas. I'm new to this area, so it's all useful. We haven't spoken to the planning officer yet, but will try to. There are buildings on two sides of the plot, and another side has a bank with about 5ft height difference from the road. The last side has access from a single track lane, which would be fun for the Jackson's delivery lorry. There are two new-builds also on what was land belonging to the farmhouse, but they are behind a two storey barn and so do not really affect the setting. Lowering the property value is not a major concern at the moment though - after the stress of the last four months, we plan to be here for a very long time 8)

 

[Nemesis]

Apart from access issues, then really it's hard to argue against - what you need to consider is getting the best building poss there.

Have you the plans?

 

[Penners]

Are you aware that you can follow the progress of the application online at http://www.UKPlanning.com

I wasn't aware of this site, John, so I've had a look at it.

My local authority isn't listed. Isn't every D.C. on there?

 

[Moo]

Mine isn't, either.

 

[skier-hughes]

Only those that are currently subscribing to it. They will all have to in the end.

Graham

 

[JanieB]

It's also worth talking to your local Clerk to the Council. I am on our local council (and the local planning committee) and we take a serious view on what local people have to say.

Contrary to what I have read on threads in this forum and others, we take a dim view of planning permission that impinges detrimentally on other people. We do not have the last say, however. If a developer has enough clout we can be overuled.

 

[Nemesis]

It's enough cash they normally have ...

 

[Johneds]

David, yes a couple of local authorities seem to be lagging behind the others - must be the slow pace of life around your way. They all have to be on by a certain date. I'm not sure when the date is but I think it's coming soon so keep an eye on it - yours might appear at any time.

Thinking about it, it might also be worth trying your local authorty site direct. South Glos had their own online service up and running way before it got onto the National site.

I must say these internet planning sites are a brilliant development for people like me who do 15-20 planning apps a year. I can submit applications online and these are then listed on my own page on the site so I can easily monitor the progress of them as they go along. Of course it also makes it easy for every man and his dog to see what you are doing as well but I don't have a problem with that.

 

[Nemesis]

As one who often has to get and get plans (so I can object...) it does make it all much easier than trekking into Planning, getting what is often a large bundle of bumph (one case I'm involved with has boxes and boxes of bumph) and having to post it all.


As an offshoot, the national amenity societies have actually had their cash from EH raised a bit in order that they have the technology - which is good.

 

[Johneds]

I never get any objections to my applications because they are all so brilliant and lovely. (the applications that is, not the objectors)

 

[Nemesis]

Maybe you aren't trying to demolish historic buildings and replace with crud?