Planning Objections Consultants London

Members of the public have a few weeks to comment on a planning application to their Local Planning Authority (LPA). The deadline for comments is 21 days from the date a site notice is put up or notice is served on neighbours, or 14 days from when an advert appears in a local newspaper.

The Council can only take into account ‘material planning considerations’ when looking at your comments. The most common of these (although not an exhaustive list) are shown below:

Reasons

• Loss of light or overshadowing
• Overlooking/loss of privacy
• Visual amenity (but not loss of private view)
• Adequacy of parking/loading/turning
• Highway safety
• Traffic generation
• Noise and disturbance resulting from use
• Hazardous materials
• Smells
• Loss of trees
• Effect on listed building and conservation area
• Layout and density of building
• Design, appearance and materials
• Landscaping
• Road access
• Local, strategic, regional and national planning policies
• Government circulars, orders and statutory instruments
• Disabled persons’ access
• Compensation and awards of costs against the Council at public enquiries
• Proposals in the Development Plan
• Previous planning decisions (including appeal decisions)
• Nature conservation
• Archaeology
• Solar panels

We cannot take into account matters which are sometimes raised but are not normally planning considerations such as:

• The perceived loss of property value
• Private disputes between neighbours
• The loss of a view
• The impact of construction work or competition between firms
• Restrictive covenants
• Ownerships disputes over rights of way
• Fence lines etc
• Personal morals or views about the applicant.

Please note: it is important to understand that the material considerations relevant to any particular application will need to be weighed in the final decision process according to their seriousness and relative importance.

Visit the Planning Portal website which answers the question “How do I object to a planning application and can I do so online?”

When a local planning authority receives a planning application, the law requires it to give publicity to the application in various ways. This allows those who may be affected by it have the opportunity to make their views known. The publicity often includes:

• publishing a notice in a local newspaper;
• posting a public site notice; and
• neighbour notification to occupiers and owners of adjoining properties.

Write down your planning concerns and supporting points and send them to the Local Planning Authority’s Planning Department. There is usually a Case Officer or Area Group allocated to deal with the application, but if you cannot discover the exact person, send the letter to the Planning Department. Always try to include the Planning Reference Number and location of the property/development. Some authorities now accept online submissions via the planning pages of the Authority’s website.

Concerns about the potential loss in value of your property because of possible nearby development are not something that the local planning authority can take into account in deciding the application.

View “How to respond to planning applications: an 8-step guide” by the Department for Communities and Local Government (DCLG) for more information.

Objections on the grounds of invalidity are common in planning applications. Comments citing this reason only as their reason for objection are not generally taken into account by local planning authorities. Valid reasons for objection include;

• The proposed development is not compliance with national, regional, or local planning policy
• The proposed development is not in keeping stylistically with other buildings or features in the area
• The proposed development will have a negative impact on surrounding properties (e.g. infringement on privacy or loss of daylight)
• The proposed use for development is not suitable for the surrounding area
• The proposed development will cause issues with traffic flow
• Similar proposed developments have already been rejected repeatedly
• The development has been proposed within a restricted area, such as a green belt
• The type of housing proposed is not in line with current local housing needs

There is no set threshold for the number of applications required to reject a planning application. Local planning authorities tend to value the quality of objections over quantity, meaning the reasons for rejection within comments on the application or letters must be valid and hold significant weight. Badly constructed petitions will not be considered.

It is thought that the submission of between 5 and 10 quality objections will result in a committee meeting. Procedure and policy will vary between local planning authorities.

Planning applications can be rejected for a vast variety of reasons – reasons which should be listed within a decision letter sent to the applicant upon rejection. These reasons may include common issues, such as an issue with the style of the building, design flaws, inappropriate layout, infringement on the privacy of neighbours, light-blocking, road safety, or conservation.

Developments not in keeping with a local council’s current housing needs may also be rejected. Other reasons include the selection of sites out with town planning boundaries, the materials proposed for use, or the size of the plot.

Though some of the above issues are easily resolved by way of amendments, those stuck in a rut with planning rejection should consider seeking advice from a planning consultant.

The anonymity of planning rejections is entirely dependent on the individual policies of local planning authorities. Generally, all comments submitted to an LPA must contain a valid name and address in order to be considered, however, objectors may request the withdrawal of their details for all records uploaded or distributed for public inspection.

Property under permitted development does not require planning permission, meaning the public, and neighbours, typically cannot object to the development. If there is concern over neighbours objecting to the development regardless of this, peace of mind may be bought with a certificate of lawful development.

With this being said, if there are any legal flaws or issues with the property, such as a violation of the ‘right to light’ law, neighbours are within their rights to object to the development.

When you’ve applied for planning permission and suspect there may be objections, you can view the planning objections submitted online. Simply navigate to the website of your Local Planning Authority (LPA) and find their planning application page. You should be able to navigate the page and search for your application.

You will need to input the application number to pull up the case. Once you’ve found the application you are after, you should be able to view all the associated comments and objections. Anyone is allowed to make an objection that may or may not be deemed valid by the planning authority.

Objecting to planning applications can be done online. Your Local Planning Authority (LPA) gives access to viewing all planning applications that are submitted to anyone interested via their website. Objections to planning permission are visible on the LPA database, but you can request that your name and address are withheld.

However, if there is a chance that new development is going to be worked on in your local area and the planning officer that is assigned to the case deems it necessary to inform you because they believe that the new development may affect you, they will send a letter to your home directly presenting the proposed plans. Not all reasons that you may put forward will be considered as the grounds for the planning permission to be rejected – you need to make sure you are proposing a valid reason for the refusal.

An objection from your neighbour is not necessarily a reason to reject your application. Your neighbour would need to present solid and valid reasons as to why the proposed plans should not go ahead.

The following are the grounds on which planning permission is most likely to be refused (although this list is not intended to be definitive) :

• Adverse effect on the residential amenity of neighbours, by reason of (among other factors) noise, disturbance, overlooking, loss of privacy, overshadowing, etc. This does not include noise or disturbance arising from the actual execution of the works, which will not be taken into account, except possibly concerning conditions that may be imposed on the planning permission, dealing with hours and methods of working, etc. during the development.
• Unacceptably high density/over-development of the site, especially if it involves loss of garden land or the open aspect of the neighbourhood (so-called ‘garden grabbing’)
• Visual impact of the development
• Effect of the development on the character of the neighbourhood
• Design (including bulk and massing, detailing and materials, if these form part of the application)
• The proposed development is overbearing, out-of-scale or out of character in terms of its appearance compared with existing development in the vicinity
• The loss of existing views from neighbouring properties would adversely affect the residential amenity of neighbouring owners
• If in a Conservation Area, adverse effect of the development on the character and appearance of the Conservation Area
• If near a Listed Building, adverse effect of the development on the setting of the Listed Building.
• The development would adversely affect highway safety or the convenience of road users, but only if there is technical evidence to back up such a claim.

In planning terms, ‘amenity’ often refers to the quality or character of an area and elements that contribute to the overall enjoyment of an area. Residential amenity considers elements that are particularly relevant to the living conditions of a dwelling. Amenity is important to consider when making planning permission applications.

When planning permission is rejected on the grounds of loss of amenity, it means the proposed development will harm the amenity of another property, through the noise, overlooking, overshadowing, smells, light pollution, loss of daylight, loss of privacy, dust, vibration or late night activities. The planning authorities must support sustainable development. For this reason, when a proposed development poses a risk of loss of amenity of any type, the application is likely to be rejected.

Overbearing planning is a term used to describe the impact a development will have on its surroundings, particularly a neighbouring property, in terms scale, massing and dominating effect. Overbearing planning is often a reason for rejection of planning applications since it is subjective and can also be overturned at appeal.

Whether a proposed building or extension is considered to be overbearing will be assessed on a case-by-case basis, taking into account several factors. Some of the reasons why a development might be deemed overbearing include:

• The physical ‘presence’ of a building.
• Its scale and mass.
• An oppressive feeling as a result of the development.
• An intrusive feeling as a result of the development.