Help needed - Appealing a planning application

[bhafc99]

The people next door to my folks have just put in a planning application to knock down their exisiting property, and build a truly nasty block of 10 flats in its place.

Naturally my parents and others want to appeal the application. So...

I thought I'd ask the good people of NSC if:
- anyone knows of a guide/book on 'How to appeal against a planning application'. (I can't see anything on Amazon etc)
- anyone who works in this field can give any tips/examples of good appeals.

Any help appreciated. PM me if easier.

Ta.


(PS This is definitely NOTHING to do with Falmer!)

 

[Goring Gull]

NIMBY

It's people like you that mean we don't have Falmer - is this attitude any different to the villagers in Falmer?

 

[tedebear]

Which council district are you in? There should be guidance in their web site?

Also you could contact your local citizens advice thingy - they might have some assistance!

 

[Barrel of Fun]

As Ted says, there should be information on the Borough/District website.

Uusually the title to write to would be "The Head of Planning Services".

 

[bhafc99]

Which council district are you in? There should be guidance in their web site?

As Ted says, there should be information on the Borough/District website.

Thanks for the help. There IS a paragraph on the Scottish Borders Council website saying who to write to, and that a letter should be about 'material considerations', I was just wondering if anyone had any more detailed/expert advice as well...?

NIMBY

It's people like you that mean we don't have Falmer - is this attitude any different to the villagers in Falmer?

Despite the lack of smilies, I do hope you're joking. There are absolutely no similarities between this and Falmer. That kind of generalisation is like saying "everyone who follows the Albion is a hooligan who should be locked up".

 

[tedebear]

Thanks for the help. There IS a paragraph on the Scottish Borders Council website saying who to write to, and that a letter should be about 'material considerations', I was just wondering if anyone had any more detailed/expert advice as well...?

Have you any local conservation groups maybe? they're usuall pretty good at fighting anything like that?

 

[Goring Gull]

Despite the lack of smilies, I do hope you're joking. There are absolutely no similarities between this and Falmer. That kind of generalisation is like saying "everyone who follows the Albion is a hooligan who should be locked up".

I'm a regular on this site and do i ever try and wind anyone up?

 

[Barrel of Fun]

The material considerations are things like traffic impact; building design & layout; or whether a proposal affects people's rights to privacy and daylight.

Sounds as though the latter would certainly be of importance.

 

[Seagull Stew]

Register on This site then follow the links to the authority you want.

 

[The Large One]

The people next door to my folks have just put in a planning application to knock down their exisiting property, and build a truly nasty block of 10 flats in its place.

Naturally my parents and others want to appeal the application. So...

I thought I'd ask the good people of NSC if:
- anyone knows of a guide/book on 'How to appeal against a planning application'. (I can't see anything on Amazon etc)
- anyone who works in this field can give any tips/examples of good appeals.

Any help appreciated. PM me if easier.

Ta.


(PS This is definitely NOTHING to do with Falmer!)

What precisely are your parents' objections to this application?

 

[chip]

Have a look on the local authorities list of planning applications for proposed developments nearby that have been refused. This will help you see how they interpret the Guidance Notes and any prevailing local considerations. The case officers reports and other objections will help identify areas you can object to. Get others in the area to object as well and lobby members of the planning committe directly. Try and see if any procedures have not been followed and complain first to the council and then the planning inspectorate if this is the case. Sometime statutary consultees (e.g. conservation societies, RSPB, etc.) can also object and you can pump-prime them. The CPRE have a very helpful team if it is rural and have a pack to help organize and co-ordinate protests.

Be warned that if there is an element of social housing then they seem to be overly helpful to the developer and prepared to allow all sorts of easements. In Singleton they have approved an awful development on a site that regularly floods because it will help meet their obligations to provide the housing that the Nazis at SEERA demand. Turning nice houses into shitty little flats for part ownership is a real blight in my neck of the woods. Most are of poor quality.

 

[Tight shorts]

It sounds like affordable housing being built, which is what is needed. Why is this different from Falmer NIMBYs?

 

[Tom Bombadil]

What is "truly nasty" about this development?

 

[folkestonesgull]

If the application is current your parents can object to the proposal - this can only be on planning grounds i.e overbearing, poor design, loss of light, parking, out of character with area etc.

Loss of property value will not be taken into account.

In recent years design has become more and more important, particluarly in the context of the locality -

a few points to consider...

Does the street in which they live have character - i.e are the houses all detached, semis, terraced, are they all set back from the road a similar distance, are they well spaced, do they have large gardens, would the block of flats be out of keeing with this.

What is the design of the flats like - does it draw reference to the other properties on the street (if they are of character) does it relate well to the street (i.e doorways, windows, scale) are the proposed materials appropriate to the area?

Your parents have the ability to lobby the local Ward Member - this may mean that the application could go before the planning committee if the delegated officers (if this council where your parents live has such delegation) were mindful to grant the application.

If the scheme is local needs housing this should not compromise the design, if anything housing associations have been leading the way with contemporary housing/flat design in the last few years.

In writing their letter your parents should look at the development plan for the area - policies will be on the councils website.

Remember there is no 3rd party right of appeal of the decision so best to get any comments in now. (3rd parties can only appeal on a question of the legality of the decision i.e what is going on at falmer)

hope this helps

 

[folkestonesgull]

just realised you are in scotland - best to check whether everything i have said applies as scottish planning law is different. principles s/b the same though

 

[bhafc99]

Thanks folkestonegull, chip, Seagull Stew and Barrel of Fun - all useful stuff. Cheers!

 

[tedebear]

Thanks folkestonegull, chip, Seagull Stew and Barrel of Fun - all useful stuff. Cheers!

I tried my best honest!

 

[bhafc99]

I tried my best honest!

Sorry! I did thank you, honest, nearer the top..?