Opposing a Planning Application

[Kassee]

I have lived in the same little bungalow for thirty years, and my neighbour died last year (she has a large garden). I have now received planning application for the property next door to demolish her bungalow and build three large detached houses and detached garages on the plot, with a road for access. One of the houses is planned to be built next to mine, just over the boundary. At the highest point it will be 9 meters and I live in a bungalow. It will completely overshadow my home. My kitchen and my lounge window will look out to a brick wall (no windows in this wall).

Also I am pretty sure it will devalue my property and that I may even have trouble selling, as we will be so overlooked, and constantly in the shade. I think my rooms will be quite dark, as I wont see the sky at all.

What should I do - just right a letter stating the above and sit back and wait. I have rung the Case Officer at the council three times, to talk to her, and she still has not got back to me, apparently she is busy !!

The plans of the bungalows in the road are drawn wrong - wrong shapes and sizes - so what else is wrong I wonder ? Any help would be appreciated.

[Kassee]

Surely devaluation of property is a consideration - isn't it. Also being overlooked in a previously very private garden and a "right to light" - all my windows will look out on a brick wall. it is only me that seems to be objecting so far, no other property is really affected in the same way, the other two houses are being built farther back.

Maybe it will go ahead anyway - but I still want to object

[Kassee]

Will it be expensive to have a solicitor to look into my "right to light" ?

[sandyRoe]

You could mention that in an area of bungalows the proposed houses would be out of keeping with the character of the area.

[LoftyLottie]

Devaluation definitely isn't a consideration when objection unfortunately Kassee. Councils are very clear on this.

As I said there are no rules on right to like, but your privacy may be an issue. There are laws on how near things can be built to you, but the fact that your outlook might be a brick wall probably won't be counted. You have no right to a view.

This may help you

EXAMPLES OF VALID PLANNING GROUNDS
•Contrary to Development Plan (Structure Plan or Local Plan)
•Appearance (design, materials etc)
•Traffic, parking or access problems
•Residential amenity (noise, overshadowing, overlooking)
•Drainage problems
•Effect on setting of Listed Building or character of Conservation Area

EXAMPLES OF INVALID PLANNING GROUNDS
•Devaluation of property
•Loss of view
•Possibility of future problems (eg use of property)
•Hours of Work and damage during construction
•Business issues relating to the applicant
•Possible fire hazard
•Contended legal rights e.g. ownership
•Errors of notification

[LoftyLottie]

Overshadowing might be an option.

[tamborine]

Travellers lost their case. S'pose I'll have to refund rents now :(

[LoftyLottie]

Pardon Tamborine. Are you on the right thread?

[tamborine]

lol LL

[tamborine]

oh yes - wrong thread

[Davethedog]

Kassee - When you next ring the case officer and get fobbed off say: I have rung x times with no succeess I will now complain to the council ombudsman.

I guarantee she we will ring you.

[LoftyLottie]

The thing is Kassee, to make a really good objection you have to be careful not to cloud the main issue, and your main issue is overshadowing and perhaps houses being out of character.

Most objection letters get emotional. You need to be factual.

[LoftyLottie]

Dave, it is no use ringing in. You have to write in or email. Planners are never willing to just talk to you about a proposed develoment.

[jake-the-peg]

I've sucessfully objected to a similar case.

Im my situation the road access was a big factor in the objection - we got the council roads people to object on the basis that the extra traffic on the lane was an accident risk.

I don't know if there are any similarities in your case but you might want to involve them too

[sallybb]

The fact that the previous building was a bungalow should help and also the neighbouring properties are bungalows . Some builders will try their luck and ask for more than expected, get refused permission and then re-apply with a better plan. Lets say Dormer bungalows which would be more in keeping with the rest of the neighbourhood but less profitable to them. So they aim high to start.
It also depends on your local council, ours seems sympathetic on height issues. With new builds not exceding the height of older cottage properties.
Two refusals recently due to windows overlooking and also another that had to change a application which included a window with a balcony to a window without a balcony. This was all to do with privacy and protection of neighbouring amenities.
It sounds that these are similiar to the issues that will affect you.

[Kassee]

Your help is really very gratefully received - I am beginning to wonder whether I have a case at all. These are all sorts of houses in the road now, once upon a time they were all bungalows, but a number have been converted and rebuilt, even pulled down altogether, so lots of different properties, alto there are still alot of bungalows. No other two properties are built this close together tho. And the access could be a problem - not sure - did wonder if to mention this. But as yet no body else is objecting. Have talked to a number of the neighbours, most just think well it will go ahead so there is no point to objecting. However, it affects me the most.

Thanks for those lists, Lofftie, how do you know all that ?

[LoftyLottie]

I got the lists of the internet, but I do have a reasonable amount of knowledge because over the last four years I have been involved in selling some garden land for a development of four houses - so I have also seen it from the developers point of view.

I do have sympathy for you - our development doesn't overlook anybody and isn't close to anybody, but we had about 27 objections. I have learned a lot and understand a lot now about planning laws and how councils work.

That is why I say don't mention things that they won't take into consideration, but write a very business like letter (or email) regarding your loss of privacy and overshadowing by one of the houses.

Good luck.

[bushbaby_de]

I'm a planning officer (hopefully not the one you've been trying to call) so hopefully I can help. (by the way I always answer calls from worried neighbours so not sure about Lottie's claim that planning officers never talk to neighbours. Equally the ombudsman will not be interested in a planning officer not answering their phone - although the planning officer's manager probably would be!)

You have mentioned many things which would be a valid planning objection - inaccurate plans (as these prevent full assessment of the impacts of the proposal) overbearing, overshadowing, loss of privacy, development contrary to the character of the area etc. I would get all of these items down in a letter to the Council ASAP to ensure you meet the deadline.

Unfortunately devaluation of a property is not a valid planning objection so don't put that in the letter as it muddies your argument.

The 'right to light' which other people have spoken of is quite separate from a planning objection on the grounds of overshadowing. Even if you are able to establish a right to light this is a civil matter, which the Council will not get involved in. Even if you want to try to go down this route, you do not need to do so before you write your planning objection. The Council has to ensure that the development would not cause significant overshadowing to your property, which is a different matter. It therefore follows that you do not need any professional help to write your objection letter to the Council.

Hope that helps but let me know if you have any questions I can help with.

[LoftyLottie]

Bushbaby. Glad you came on this thread. My answer about Planning Officers obviously has been coloured by what I have experienced with our local council. Glad you are not all the same ;o)

[LoftyLottie]

I hope Kassee, comes back and sees your very good answer.

[modeller]

In the information you received there is details of how to object. You have to say on what grounds but it put it on hold . Also you should have a visit or you can ask for one , from the planning dept, who should ask you what rooms you have which faces the new development . This happened to me and they had to change their plans. I didn't even have to object.