2: Local Plan Policies
FBE.2
FBE.3
FT.4

3: Residential Design Guide
Density
Housing Balance
Open Space and Wildlife

4: Grounds for Objection
Highways
Amenity
Policy
Environment

5: Similar Applications

6: The Objection
Layout
Copy to Councillors
Parish Council

7: Property Law
Easements
Easement of Light
Right of Way

8: Planning lexicon

9: The Ombudsman

10: FODDC

"May I also remind you that only planning matters relating to the application can be considered by the Council when making their decision. These would include highway safety, policies, design and amenities (privacy, overshadowing and noise etc.) but would not include loss of view, reduction in value or comments on personalities or private rights of way"

Not mentioned in the list of exclusions is noise and nuisance created during construction. This is not a planning matter and so cannot be the basis of an objection. If nuisance is caused during construction, it is possible to complain to the Council but it would have to be a significant nuisance. Good guidance on nuisance is available from a neighbouring council at: www.southglos.gov.uk/environmental_protection/nuisance.htm

Highways

The primary legislation is the Highways act (1980) and the local interpretation of of this act is given in 'Highways Requirements for Development" which is available from the County Council Environment Services department at a cost of £25. A scanned copy of Chapter 4: "Residential Design Guidance" is available here in PDF format, but check with the County Council for the current version. This guidance is mainly focused on larger developments but I am informed that the principles still apply in the case of small scale developments off existing roads. It might be reasonable to object to an application on the grounds that it would exceed the recommended maximum number of dwellings served by a particular road type (for instance, more than 50 off a cul-de-sac).

Amenity

Amenity is an opaque term describing the environment you may be entitled to enjoy. I am informed by the Forest of Dean District Council that this is at the discretion of the Planning Officer assigned to the application, and the Planning Committee if a site visit takes place. The only clear indication in respect of overlooking is that an acceptable minimum separation between the windows of adjacent properties is considered to be 21 metres. 

Other Councils are more willing to be descriptive about amenity; see, for example, the excellent publications by Woking Borough Council Outlook, Amenity, and Privacy (July 2000) and Plot-Subdivision: Infilling and Backland Development (March 2000). The approach to privacy and other amenity aspects by a number of Councils is summarised in lecture notes from Cardiff University's Built Environment course, Lecture 6. (PDF format)

It is rather difficult to know how to object on the grounds of loss of amenity when the LPA is so unwilling to give any indication of the measurable aspects of amenity.

Policy

Policy refers to the local plan policies, and design issues are addressed in the Residential Design Guide. It would be reasonable to object to a proposal on the grounds that the proposed density is greater than that found in the surrounding area, because it would be  contrary to Local Plan Policy FBE.2 (and (R)FBE.1 which will supercede it)

Environment

Preservation of flora may be supported in the Town and Country Planning Act 1990  Section 198 by the Tree Preservation Order which a Council has the power to apply to any significant tree which would be affected by the development. A particularly informative website for tree issues is the Arboricultural Information Exchange. Other Flora and Fauna may be protected by the Wildlife and Countryside Act 1981. Local interest groups for protected species may be able to provide information. For Badger information see www.badger.org.uk and for Bats www.bats.org.uk Both sites have references to applicable statutes which may apply.