Garden new build help! - Public forum - Planning Advisory Service (PAS)
Open group
|
Started - July 2012
|
Last activity - Today
Garden new build help!
A neighbour has submitted plans to develop a two story dwelling with windows in the roof, he has stated the roof will be storage only so why does he want windows? This new build will be on land behind my property and that of four neighbours to the left of me as I look out of my back garden. The land he wants to build on was purchased by him, separately to his property and garden. Also, land behind this is open land. This has been said to be green belt but the planning officer has said it will now be brown belt. Nothing has ever been built on this land. The properties have enjoyed open space and light for 40 years. The applicant has removed all trees from this land last year, which has reduced the number of birds and wild life! The planning officer is supporting his plans, our objections are.... 1/ Too close to our properties and boundary line. It will be 17.5 meters away from window to window. Our sitting rooms are in the back of our properties, so are the kitchens. We also use our bedroom in the back as an office. He stated that he wanted to keep his privacy and that of the new dwelling, so he was within the 25 meter limit. The back of his property will view the side elevation. 2/ Over looking in to our windows and our private gardens 3/ Loss of light and overshadowing 4/ We are not an urban area we are under a Parish and it is semi rural 5/ There are other houses being built in the area that was previously green belt and there are going to be more built. There is a plot of land just along the road for sale The applicant is our ward councillor, the other ward councillor is supporting him, the 3rd ward councillor will not get involved. We feel out numbered. On three occasions I have asked the planning officer for a meeting and to view from our houses the monstrosity we will have to endure, she has refused! She fully supports the plans and keeps telling me he has our interests at heart.... 1/ Why then did his first application he put in had the house length ways, spanning across 4 houses, so we would view the side elevation. 2/ Why did he put a second application in with two houses 3/ Why are his plans to the far side of the land 25 meters away but 17.5 meters close to ours. The plans were deferred so that he could speak to his Architect with a view to turning the house slightly so that it does not overlook our properties. We have had a notice that a second planning meeting is next week, he will not adjust his plans, he has put 'Adamant will not be amended'. So yes, he really does have our interests at heart. Furthermore ; Is the reason for him putting the house 25 meters away because he has plans to build a second house once the first house is built. The land could have 4 semi detached houses on it. The planning rules state you cannot put personal views, just stick to the plans for objections, yet the planning officer constantly tells me of his, he has also now thrown in to the next planning meeting 'My disabled wife' seems like he wants the sympathy vote! My son has autism and lung disease, can I use that! I don't think I can. Please can any one give me any advice, we are semi rural and this will be a new house built on un built land, in front of houses that have been here for 40+ years. The planning portal states 21 meters from window to window, back to back houses. The planning officer insists this is a guideline only, but will not tell me how she can reduce this to 17.5 meters. Is she right to do this on already residential properties being here and the house will be a new development? Thank you in advance
Hi Alan, Clearly you are upset by all this - but I'm not sure that at the end of the day you have many concrete possibilities for objection. To be frank, Ii you consider how people have to live in our cities, you have been privileged to live in a rural idyl for 40 years. Even after the arrival of the new house(s) you will have a better environment than maybe 95% of British residents. The residents of British rural areas have protected their privileged environment against all-comers for many decades - in your case 40+ years. This (and other housing issues) has now resulted in a drastic shortfall in house construction .. resulting in the Coalition pushing for a major housebuilding splurge. Perhaps if your local community - and others - had allowed a few houses to be built each year then maybe the current urgency for new housing could have been avoided? The arrival of the NPPF (National Planning Policy Framework) on 27th March 2013 won't help your case. So what are your options? 1. How about biting the bullet and talk to the applicant? Maybe a compromise can be reached? or 2. Work with your neighbours and jointly fund a professional adviser to fight your corner. Whatever happens, you will need to approach the 'problem' calmly and in a structured manner. Planning is a structured discipline where emotion & passion have relatively little impact.
Hi Richard quote.. The residents of British rural areas have protected their privileged environment against all-comers for many decades - in your case 40+ years. This (and other housing issues) has now resulted in a drastic shortfall in house construction .. resulting in the Coalition pushing for a major housebuilding splurge. Perhaps if your local community - and others - had allowed a few houses to be built each year then maybe the current urgency for new housing could have been avoided? I fully understand what your saying, here is a little more information so you can understand why im a little upset. I have not shown any personal thoughts to the council planning committee, I have opposed it as of the guide lines.. The houses have been here for over 40 yrs, I my self have been here for 4 yrs. We live in a semi rural parish, we are surrounded by green belt. A big proportion of Green Belt land has been allocated as Brown Field land around us and continues, we understand the need for houses and these allocated sites have not been opposed. There are a number of dwellings for sale, empty, to Let and new houses under development, all adjacent to our street. The said applicant is our ward councillor who wants a new house to give to his daughter, so he says, but reduced his two dwellings to one, so strange he wants two new houses. We feel he will put in an application for another property once the new one has been built. (he purchased extra land from green belt, enough for 4 semi detached houses) We could understand the need to build if there was not any other choice, there is plenty. I had no home for many years due to my personal situation, so I would be the first to know the need for houses. We have to look at both sides. This is not an application for need. There is no working with him, the other ward councillor is supporting him, so too is the planning officer. Plans were submitted last year by another neighbour, they were refused on the grounds it was green belt. Thank you for your advise
Hi Alan, Thanks for your reply. Sorry about the tone of my original post - It was late and it came across a bit bluntly I suspect. It sounds like you might have to put up with the proposed building - if the application is valid & sound and ticks all the boxes then there is no reason why it ... and maybe future applications too .. will be disallowed. The stated or suspected intentions etc of the applicant don't really enter into it ... planning is about the land and usually not about the applicant. The only way to block the application will be to contest it successfully on planning grounds. You might have more luck requesting modifications to the proposed plans.
He was granted permission! We thought that as the first planning meeting was deferred so that the applicant could discuss with his architect, the moving of the new dwelling in a different location, was because of overlooking, over bearing, loss of out look and invasion of privacy, this meant that what we were saying was noted to be true. The applicant was adamant he was not moving it 2 metres further away, his reason 'because he would be closer to the main road, it would be noisy and invade their privacy' The garden is set back from the main road and on an embankment 21 meters away from the road. The planning committee and the planning officer said it was a ridiculous reason and they laughed. One of the councillors said 'So we have not moved forward' another said yes because he wont change the internal lay out' This was stated at the first planning meeting. The planning officer stated 'I am changing the 21 metres minimum distance for back to back, main to main, because the new build will have a smaller kitchen window than the residents, so it will be secondary, this means 18 metres is acceptable' In the planning portal it clearly states the minimum must be 21 metres so that the residents (been here more than 40 yrs) keep their privacy. I cross referenced and wrote all this and stated 'new builds' have to comply and keep this minimum distance. He was given permission to build in the same place. 1/ Can the planning officer do this (I know she has, but is it against the guide lines) 2/ Could it be he wont move the dwelling 2 metres away as he will be with in the 2 metres of encroached council 'land fill land'. If so what can be done when he is the ward councillor and our Parish purchased this land. It is documented on the internet that this land has been encroached and asked why this land had not been taken back. Can any one advise, we are not against him building, but as the land would take 4 semi detached, or 2 detached houses, there is plenty of scope for him to move it. The planning committee did say, it could be turned.
Alan Whilst I have not commented to date and can`t really offer a professional opinion without sight of plans or the site itself, I will offer two thoughts. I`m surprised at the `thinking ` from the officer. The size of a window has rarely been the issue as to whether it is the `habitable room or not, it is usually the use of the room in question, so you may have grounds to challenge. Your only scope for challenge would be through a judicial review and hope that the Council`s legal oficer agrees that the decision is in someway flawed and agrees to the decision being quashed. The big Q is why did the committee just not refuse it?
Thank you In reply to your question why did the planning committee not refuse it.... We feel it was not refused because we were told to get support from our ward councillor, the ward councillor was supporting the applicant. We were then told to go to a second ward councillor, he is the applicant, so then we were told to go to the third ward councillor, he is the applicants son, they are well known here. Applicant.......Ward councillor Supporter......Ward councillor 3 rd Ward councillor...Applicants son Land fill land was purchased many years ago by our Parish council, the ward councillors are the same councillors, so they would know that the applicant (ward councillor) has encroached on this land by 2 metres, a document was published on this land site stating the encroachment. We feel this is one reason why he will not move 2 metres forward, the other being, we expect another house to be built at a future date, he submitted plans originally for two homes. Putting one dwelling 25 metres from the main house main to side aliment, but boxing in one resident and not moving 2 metres away is ridiculous, especially as in the report it states 'will accommodate two detached dwellings'. The solicitor for the planning committee was sitting next to the planning officer at the meeting. The planning officer refused to come and view from our side of the fence, she viewed it from the applicants side looking from the main house, she did not walk to the far side where it will be developed. No one is listening at the council. Could you tell me who else we could go to, once the house is built, it will be over bearing and block light, we feel they will say we cannot take it down. kind regards
In that case what you are alleging is inpropriety by officers and councillors. Proving that is the hard bit. You need some sort of hard evidence and then you have various options. For the officer, if she is a member of the RTPI you may report her conduct to them IF you can evidence she has in someway breached her Professional code of conduct. ( see RTPI website) for councillors it maybe that you have to contact the Local Government Ombudsman and maybe the DCLG. I have no idea of the political make up of the authority (don`t even know the Authority) but maybe talking to opposition parties may help and of course the press too. Some environmental law specialists do take Judicial review cases and try and get costs back so talk to them too.
Thank you for your advice Chris, We will go to the papers once all of the investigations have ended. It is hard to prove as we know we need black and white evidence, we have that with some issues, trying to put what has been said to complaint, we know we will have to have written evidence. Thank you again, your advice is very helpful :)
Andrew Chalmers, modified 11 Years ago.
Re: Garden new build help!
Advocate Posts: 169 Join Date: 20/10/11 Recent Posts
0
A note of caution. While going to the press might get things off your chest it will not result in any reversal of the planning decision nor prevent the house being built. Also any allegations of impropriety that are unsubstantiated could result in you ending up in court if members or indeed the officer involved choose to take legal action against you. In terms of taking things forward. You need to fully understand: What policies were used to assess the application? Was the scheme recommended for approval or refusal? How and where was the decision made? Planning decisions have to be made in the light of plans for the area and other "material" considerations. This is a matter of judgement and balance. If the policy says 21 metres (does this apply in your borough) but this has been set aside in this case then there should be some reason given. If the application was recommended for refusal why did members choose to approve it? So you need to fully understand the technical basis to any decision. I suggest a positive way forward would be to seek advice from the Chief Planner at the authority involved. If you have complaints about how the process was undertaken the authority would have its own complaints procedure and there is the local government ombudsman. Judicial review of the decision is possible but you would have to have very strong grounds to go down that route. I note your comments that concerns were raised and the applicant asked to consider a revised scheme. They do not have to and it is not clear whether the objections had arisen from your or residents’ objections or are technical ones. Issues of land ownership and encroachment are separate matters and are not relevant to making the planning decision. As to the decision being influenced by the fact that it involved ward members, this is very difficult I suggest to prove. I guess proper declaration of interests were declared and I assume they took no part in the decision itself? But in conclusion unless you can clearly demonstrate irregularities in process or policy application that would cause the permission to be revoked then that sadly is the end of the process.