Help needed with contesting a planning application

Discussion in 'Off-Topic Chat' started by strongbow, May 16, 2007.

  1. strongbow

    strongbow Member

    I live in a really nice place just off the Woodhead Pass near Tintwistle which, up until recently, has had nice views and lots of greenery.

    The council, in its wisdom, has allowed the building of high rise industrial units which have ruined the area. They are now considering planning application for 2 further huge storage facilities which will devastate the landscape. See article in the Advertiser :mad:

    I have to put in my objection to the planning application and cannot use the following in my objection

    Loss of views
    Loss of property value
    Private rights, legal disputes etc.

    I have thought about the usual issues such as increased noise, traffic, risk of road accidents (as it is in a residential area) and the fact that it won't bring in any more jobs into the area as it will be storage depot. I wondered if anyone out there has any experience in this area that could assist with other areas that I might put in my letter. Previous objections to planning applications for the other industrial sites have been dismissed by the council and I want to make sure that they really listen to the objections this time.

    Any help would be much appreciated.
  2. tubafran

    tubafran Active Member

    I'm sure Geordiecolin will reply to the full post but I don't think there's such a thing as a "right to a view". If you live somewhere where you get one that's a bonus but there's no legal entitlment to it.
  3. SuperMosh

    SuperMosh New Member

    You could petition the council to build this somewhere less salubrious. Near to a council estate perhaps?

    How dare the council encourage local business to feed the local economy!
  4. strongbow

    strongbow Member

    Unfortunately they won't "feed" the local economy as they are not bringing any additional jobs into the area. Also the previously built industrial units remain unoccupied and have done so for the past 3 years
  5. NeilW

    NeilW Member


    (and other similar pages on the same site).

    Get your local councilors involved (parish/district). Get them to raise objections.

    Get your neighbours involved in the campagn and get them to object. Sounds like you have a good start with the local press.

    Make sure it goes before the planning committee - maybe consider speaking as an objector at the meeting.

    Good things to object on are "its against the local plan" or "greenbelt" or "area of outstanding nation beauty" or "significant loss of environment". Getting trees with Tree Preservation Orders on will hinder developers. Technical inaccuracies in the application are also good to point out.

    You can probably "infer" things that the planning dept can't say. (We have a neighbour who is making planning applications on the basis of agricultural development, but who really wants to set up a livery stable!)

    Good luck!
  6. geordiecolin

    geordiecolin Active Member

    Oh the joys of the British Planning System!

    Anyway I'll try and explain:

    The Planning System in the UK, specifically the Development Control element of it exists to protect public interest. Only material planning considerations can be taken into account when determining a planning application.

    As property values are entirely a private matter, they are not relevant to the determination of the application. Equally, deeds, covenants and legal disputes have no relevance and anyway, planning permission does not overule any other legal issues with regards to a piece of land. It is in fact possible to grant planning permission for something that can never be built due to other constraints, e.g covenants.

    Loss of view is an interesting issue. A resident has the right to outlook and light but not a "view" over other people's land. Planning Law does not recognise a right to a view, only to outlook and light. There's a lovely quote in the Development Control Casebook about this but its at work. I'll dig it out tomorrow.

    With regards to what you can object about, I would suggest highways grounds, possibly impact on biodiversity, the design of the proposal, noise generated. The best way to object is on policy grounds, although for something of this scale it may difficult for a member of Joe public to do this. What are the local plan policies with regards to B8 facilities? Could the site be considered to be previously developed? Without viewing the applications its difficult to comment further. Which local authority is it? I might be able to view the details of the application on their website.

    A lot of what NeilW said is good advice, more voices the better, request speaking rights at Planning Committee, try and get TPOs on the trees. Technical inaccuracies may help to get the apps refused by Planning Committee (cos Councillors like it when evil developers get stuff wrong) but probably wouldn't stand up on appeal. If you want something refused try your hardest to get it to committee, councillors are generally less clued up on planning technicalities and will often go for the decision which will be more politically acceptable, despite Officer advice. Planning Committees by their nature tend to be more emotive and willing to have their heart strings tugged. But again, any shaky grounds for refusal may not stand up on appeal.

    Oh the irony, a Sheffield Uni Planning Graduate helping someone to object to the storage facility for the new halls at Sheffield Uni!! Ha ha!

    This link might also be useful Planning Aid
    Colin - Local Authority Planning Officer

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