Planning Application

Hi All, just looking for a bit of advice regarding a planning application for a new bungalow which has been submitted next where I live.

Basically at the end of our garden is a cul-de-sac with a bit of land approx 15m x 10m. The builder who built the houses on the cul-de-sac originally also applied to build a 2 bed bungalow on said piece of land. This was rejected, and has since been rejected a number of times.

The letter dropped through our door last week saying that he has applied again, and it's something that we will contest because of the following:

1) It will be built literally less than 10 feet from our garden.
2) It will genuinely block the light we get at the back of the house.
3) The builder has previously threatened some of our neighbours for contesting previous applications.
4) The area, in my opinion, is far too small to squeeze another house in.

What I'm looking to find out is the best way(s) of contesting this, and the main points to make to the planning office. One thing that stands out is that the guy has put on his application that there are no trees on the site, when there are actually more than 1/2 a dozen!

Any advice would be appreciated.

Thanks

R5 - first thing is to photograph everything, try to include a copy of that day's newspaper as proof of date, including the trees. If there are any 'specimen' trees (fine examples) apply for tree preservation orders for them (Local Council will have a Tree Officer) - I'd phone him anyway. Big fines if the developer then damages the trees.

Gather all previous docs from the old objections (these will be available from the LA). If you feel you can't present the case brief a Solicitor (get a specialist firm) and share the costs with any neighbours who are on board. Report any threats to the cops.

excellent advice

Some Architectural practices employ a consultant planner who handles their development planning appeals . They can probably best advise how you can use previous planning refusals to your advantage this time round.

Take some photos from strategic positions and insert his elevation from his PApplication into the images to show how the development would effect your neighbours so you can get them on board. Most folk will be unable to picture the impact in their minds eye

The planning officer will be aware of the site, and should make a site visit, so any material differences to the application and what is on site should be evident.

Trees are irrelevant anyway, as if they will be an issue then the applicant can just cut them down.

You need to get hold of a copy of the local development plan, and any supplementary planning guidelines and compare the application to the development plan.

You can only object on legitimate planning issues, so avoid the common "I don't like it" type of objections as this will make you seem like a moaner.

It may be best to concentrate on the reasons why it was refused previously, and see if any circumstances have changed.

"Loss of amenity" is always a good catch all statement of sufficient vagueness to work in objectors favour

If you are threatened, then report it to the Police otherwise it carries no weight at all

And you all need to get together to lobby the planners, and get a councilor on board too.

Thanks for the advice guys.

I think that on the application it stated something along the lines of: if there were trees present on the site then the applicant would need to have some sort of survey carried out - does anyone know anything about this sort of thing?

Yes. The planners may well want any vegetation/trees moved to be replaced when (if) the proposal is built.

Having tress there is not going to stop an approval if the proposal otherwise conforms to the local planning policy. The only way it would, is if one or more got a preservation order slapped on them

Don't rely too much on these trees

As I said, if they was going to be a planning issue, then they would have been chopped down before the application went in.

R5 - woody (as always) offers fine advice, and yes, whilst I agree that generally the tree issue won't stop the application, it may if they're 'specimens'. Get the Tree Officer involved straight away, a phone call will get him around. Every little helps.

R5GTT - do you know why the previous applications were refused? Has the re-submitted application addressed the reasons for refusal of the previous applications? How long ago were the previous applications.

In stating that there are no trees on site the applicant may just be trying to avoid having to submit a Arborculture Report on the site.

If you have a letter from the planning authority telling you the application has been submitted it should have the application reference no. on it. If you post that on here and tell us which LA it is we should be able to view the details of the application online and advise more accurately?

AndrewSchofield said:

R5GTT - do you know why the previous applications were refused? Has the re-submitted application addressed the reasons for refusal of the previous applications? How long ago were the previous applications.

In stating that there are no trees on site the applicant may just be trying to avoid having to submit a Arborculture Report on the site.

If you have a letter from the planning authority telling you the application has been submitted it should have the application reference no. on it. If you post that on here and tell us which LA it is we should be able to view the details of the application online and advise more accurately?

Click to expand...

Thanks for your reply Andrew.
The link to the application is: http://www.kirklees.gov.uk/business/planning/Details.asp?id=2008/93356

R5GTT - to be honest - looking at the application he has done everything he can do to get it passed - picked a bungalow to keep the property at low level and shown hipped roofs to further reduce the impact on the neighbouring dwellings. The bungalow will exceed the recommended seperation distances between residential properties. He's specified planting on the boundaries with the properties to the North and West where the windows will be and placed a blank elevation towards the houses to the East. The houses to the East will probably be the ones most effected by the bungalow and i'm assuming that one of these is yours.

I also find it interesting that he has shown a section through the site which include the neighbouring properties which are furthest away.

As people have said before the trees probably wont be an issue but its worth mentioning that there are some on site and he's stated on the application form that there are not any. Also mention you feel the bungalow will be too close to your garden/house and that it will reduce the daylight afforded to your property. As someone else said, if he's been threatening people about objecting to the application then thats a matter for the police and not really the planners. I'd also suggest the planners request him to provide 2 further site sections showing the relationship between the bungalow and the neighbouring dwellings to the North West and the East.

Just one last point - i'm sure you are aware but you only have until Monday to get your letter of objection in so i'd either take it by hand on or before Friday or send by e-mail and chase up by phone to make sure they've received it in time!

I'd be interested to know the resason for the officers refusing the previous applications and how this application is different from the previous one.

Can I just chip in with one piece of advice?
Getting neighbours on side is good but a "group" objection only counts as one. It's best to get them to send individual objections to make them all have more weight.

Dave

Good point

Another interesting thing is that its rare for the planners to check on who has actually complained.