| The Objection | ||
| 1: Planning Law History Current Legislation Interpretation Delegation Appeals 2: Local Plan
Policies 3: Residential Design
Guide 4: Grounds for
Objection 6: The Objection |
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I know of no set formula for the layout of
an objection, other than to state clearly what the objection is, the
reasons for objecting, and if possible what may be done to overcome
the objection.
Firstly, I asked that the application for two dwellings be refused, as a previous application had been refused because "The proposed development would result in a serious loss of privacy now enjoyed by adjoining residents" , and because a large mature Oak tree (which is protected by a TPO) on the southern boundary is not shown on the plan and would overhang one of the proposed dwellings. I provided a map to show the position and size of the tree. I went on to suggest that because of the tree, and the surrounding density, the site would be better suited to the erection of only one dwelling. I then suggested that if permission were granted, it should be for single storey dwellings, as the sloping nature of the site and the fact that a single storey dwelling existed to the north would mean that overlooking and overshadowing would occur. I provided an approximate cross sectional drawing of the site to show the difficulty of effective screening. To emphasize overlooking, I photographed a property of roughly the size proposed and superimposed it on a photograph of the site, showing how the bedroom windows of the proposed dwelling looked directly into a Kitchen. I do not know if this influenced the decision but the consent did stipulate that the dwellings should be single storey. (see below)
To the right a picture of two houses superimposed on the original shows the effect on visual amenity that would result from the construction of two storey dwellings.
I also requested that the site be laid out in a manner that respected the surrounding rear gardens, and that vehicular access be limited to the corner of the site nearest the existing access to limit the noise and other loss of amenity associated with motor vehicles near a rear garden. Members of the planning committee will not see your objection unless you send a copy directly to each of them. Instead, the case officer will provide a summary of information about the application which includes his summary of all the objections received. This summary is held on the FULL planning file so is not easily accessed. In the case described here, the summary (which contained error and omissions) was seen only as a result of a complaint to the Ombudsman. Unsurprisingly, the Ombudsman was not concerned that the planning officer had reported that permission for one dwelling had already been granted (and the dwelling constructed) when this was completely untrue. Ask the planning officer to see this summary before it is circulated to members and point out any errors. They may be reluctant to comply, but a mention of the Human Rights Act (Article 6, the right to a fair trial) should do the trick. A list of the members of the planning committee is available on the Council website. It is also important to bring concerns to the attention of Parish Councilors, as the Parish Council is invited to make comments on Planning Applications in its area.
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The above photograph shows the site before the application.