Objections to planning permission
Objections to planning permission
Can light be a valid reason for raising an objection to planning permission? I had a letter from BCC stating there is an application for a 3 storey building behind my flat. The distance between the buildings will be around 20 feet and there will still be light access to my bedroom window but much less if the building goes ahead. Would privacy come into it too given that it is my bedroom window that will be overlooked by the new building. At present my window has a blind and curtains that I keep closed.
Re: Objections to planning permission
Usually, yes. Your objection will be stronger if you can appeal to local or national planning policies, estimate the percentage light loss and speak to your parish council before they consider the application. The city council will decide on the application, but they have to explain themselves if they overrule a parish.
It's worth talking to planning officers and city councillors for your ward or the planning committee, but don't expect officers or committee members to express much support for you before the decision because they're advised not to, because prejudice can help any later appeal against refusal by the applicant.
See also http://www.PlanningPortal.gov.UK
It's worth talking to planning officers and city councillors for your ward or the planning committee, but don't expect officers or committee members to express much support for you before the decision because they're advised not to, because prejudice can help any later appeal against refusal by the applicant.
See also http://www.PlanningPortal.gov.UK
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Re: Objections to planning permission
Has planning permission been granted?
Round here, a notice is displayed outlining a planning request and you are given an address and reference number to lodge comments/complaints etc.
If PP has been given, it's probably too late to do anything.
Round here, a notice is displayed outlining a planning request and you are given an address and reference number to lodge comments/complaints etc.
If PP has been given, it's probably too late to do anything.
Mick F. Cornwall
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Elizabeth_S
- Posts: 254
- Joined: 27 May 2013, 3:18pm
- Location: somewhere
Re: Objections to planning permission
No, you don't have much chance with loss of light to a bedroom as far as I know, you would have more chance with loss of light to a lounge. But you can stress concerns about privacy and you might get them to take steps to ensure that rooms don't look directly into your bedroom, and of course, vice versa.
Re: Objections to planning permission
I am no expert but, in my experience it can be complex.
There are two completely separate aspects, one civil and one planning policy. Both are referred to as "Right to Light and Air" (Google it and you will find loads). Planners ignore the civil aspects and the civil aspect is not affected by Planning decisions.
Every'ish area in the country has a number of planning policies determining what can and cannot be built. Different policies affect different areas depending on e.g. rural, inside/outside a development boundary, etc. You local planning web site will/should have maps showing what policies apply to what areas and also details of what those policies are and mean. It can be quite a hunt to find them. Or call in/telephone your planning department. Many/some areas have a "light and air" policy and this can have specific meaning - so you will need to check with your planners what might apply to your location.
The civil "Right to Light and Air" is something a property can acquire once it has enjoyed light and air for a period of 20 or 25 years (unsure which). after that threshold the property owner can take action should the light and air be removed. Sometimes a newer property can be granted the civil right to light and air when it is built (e.g. when a development is done in a garden/infill, sometimes the existing house owner might grant such rights to themselves and the new property in the deeds). However, there is much debate about what becomes a disruption of your light and air - so not a blank and white situation. Also, to enforce you right, you have to take a civil court action against the developer. This will certainly be expensive, involve "experts" (cost). And, I suspect that is your action fails and disrupts the development then the developer could sue/ask the court for compensation (unsure about this). I have never undertaken the above so don't take my word for it and check everything out yourself - 'cos it can be expensive and have big impacts.
Planners will ignore the civil right - how are they to know what rights your property might have in its deeds. I have no idea if a planning decision would impact a civil case.
My own personal opinions are that the normal use of the civil right to light and air is to scare the developer into changing their planning. This is most effective when a neighbour comes round to discuss their plans prior to submitting a planning application - something that always used to be just general good manners but which seems to have disappeared with the younger generation and professional developers. Once a planning application has been submitted, the details can be changed by the applicant but I suspect there are limits for it to be considered the same application.
Re: Planning. Talk to your planners a.s.a.p. Put all your objections in writing. Get and friends/family to write their own letters objecting (one petition with 100 signatures=1 objection whilst 3 letters all making the same objection=3 objections). Talk to your Parish/Town Council as they are also asked to comment and can be sympathetic if people attend the meeting they have to discuss. Talk to your ward councillor and ask him to object as well (particularly important) The more objections (Parish/Town Council in particular) can often mean that the planners will not/cannot make a delegated decision (i.e. where the Planning Officer decides) and that it has to be passed to Planning Committee (where elected Councillors consider the application). At the Planning Committee, members of the public can attend and can make brief presentations about the application (normally time limited, 3/5 mins for objectors, 3/5 mins for ward councillor, 3/5 mins for applicant etc.).
The above may not be successful ... but at least you will feel you have done everything you can.
(All above is only my personal experience in areas I have lived and objecting to various applications. I am not a professional, not a planner and have never worked for/sat on any council, etc.).
Ian
There are two completely separate aspects, one civil and one planning policy. Both are referred to as "Right to Light and Air" (Google it and you will find loads). Planners ignore the civil aspects and the civil aspect is not affected by Planning decisions.
Every'ish area in the country has a number of planning policies determining what can and cannot be built. Different policies affect different areas depending on e.g. rural, inside/outside a development boundary, etc. You local planning web site will/should have maps showing what policies apply to what areas and also details of what those policies are and mean. It can be quite a hunt to find them. Or call in/telephone your planning department. Many/some areas have a "light and air" policy and this can have specific meaning - so you will need to check with your planners what might apply to your location.
The civil "Right to Light and Air" is something a property can acquire once it has enjoyed light and air for a period of 20 or 25 years (unsure which). after that threshold the property owner can take action should the light and air be removed. Sometimes a newer property can be granted the civil right to light and air when it is built (e.g. when a development is done in a garden/infill, sometimes the existing house owner might grant such rights to themselves and the new property in the deeds). However, there is much debate about what becomes a disruption of your light and air - so not a blank and white situation. Also, to enforce you right, you have to take a civil court action against the developer. This will certainly be expensive, involve "experts" (cost). And, I suspect that is your action fails and disrupts the development then the developer could sue/ask the court for compensation (unsure about this). I have never undertaken the above so don't take my word for it and check everything out yourself - 'cos it can be expensive and have big impacts.
Planners will ignore the civil right - how are they to know what rights your property might have in its deeds. I have no idea if a planning decision would impact a civil case.
My own personal opinions are that the normal use of the civil right to light and air is to scare the developer into changing their planning. This is most effective when a neighbour comes round to discuss their plans prior to submitting a planning application - something that always used to be just general good manners but which seems to have disappeared with the younger generation and professional developers. Once a planning application has been submitted, the details can be changed by the applicant but I suspect there are limits for it to be considered the same application.
Re: Planning. Talk to your planners a.s.a.p. Put all your objections in writing. Get and friends/family to write their own letters objecting (one petition with 100 signatures=1 objection whilst 3 letters all making the same objection=3 objections). Talk to your Parish/Town Council as they are also asked to comment and can be sympathetic if people attend the meeting they have to discuss. Talk to your ward councillor and ask him to object as well (particularly important) The more objections (Parish/Town Council in particular) can often mean that the planners will not/cannot make a delegated decision (i.e. where the Planning Officer decides) and that it has to be passed to Planning Committee (where elected Councillors consider the application). At the Planning Committee, members of the public can attend and can make brief presentations about the application (normally time limited, 3/5 mins for objectors, 3/5 mins for ward councillor, 3/5 mins for applicant etc.).
The above may not be successful ... but at least you will feel you have done everything you can.
(All above is only my personal experience in areas I have lived and objecting to various applications. I am not a professional, not a planner and have never worked for/sat on any council, etc.).
Ian
Re: Objections to planning permission
Mick F wrote:Has planning permission been granted?
Round here, a notice is displayed outlining a planning request and you are given an address and reference number to lodge comments/complaints etc.
If PP has been given, it's probably too late to do anything.
The letter states a proposal so nothing is set in stone yet. Reading the details of the proposal there has been similar proposals in the past that didn't come to fruition. I can voice my concerns about light issues and see what happens.
Re: Objections to planning permission
Good.
You're in with a chance then.
We had a chap a few years ago wishing to build a house not far from here. I wrote an email to Cornwall Council planning department objecting on a few grounds. It appears I wasn't the only one objecting. He didn't get any planning, thank goodness.
Any objection can be forwarded by any means. It doesn't need a specific letter, as a telephone call or a personal visit to the planning department will suffice.
You're in with a chance then.
We had a chap a few years ago wishing to build a house not far from here. I wrote an email to Cornwall Council planning department objecting on a few grounds. It appears I wasn't the only one objecting. He didn't get any planning, thank goodness.
Any objection can be forwarded by any means. It doesn't need a specific letter, as a telephone call or a personal visit to the planning department will suffice.
Mick F. Cornwall
Re: Objections to planning permission
Read http://www.123plans.co.uk/uploads/front ... olight.pdf which sets out your legal rights. Your bedroom is a habitable room and therefore enjoys these rights; your bathroom or hallway wouldn't. Even if planning permission has been granted you can still enforce your right.
Re: Objections to planning permission
I've bookmarked the right to light PDF above and will have a proper read later.
This is the current view from my bedroom window
https://www.dropbox.com/s/zi16thg41etg8s3/20140112_111834.jpg
The proposed building will come back to the pitched roof below my window and will be the full width and a story higher than the advertising hoarding. I will have a very small window for the light to reach my bedroom window and will make objections based on that.
This is the current view from my bedroom window
https://www.dropbox.com/s/zi16thg41etg8s3/20140112_111834.jpg
The proposed building will come back to the pitched roof below my window and will be the full width and a story higher than the advertising hoarding. I will have a very small window for the light to reach my bedroom window and will make objections based on that.
Re: Objections to planning permission
If the loss of light is "dramatic", something I have done in the past is to discuss it with the Planning Case Officer and invite/ask them to come round and have a look at the impact from your perspective. When they do their site visit they may easily not appreciate the overall impact on you, but standing in your window and looking at what sky will be hidden by the development can help convince them. From the ground they may not appreciate the height or proximity. They will not know the internal layout of your house (the window they can see might be a landing window), etc. However, you will need to be available to let them in, show them, etc. during working hours. And if/when they come round they will always be completely non-committal - they have to be so don't expect them to agree with you (whatever their private opinions might be).
Ian
Ian
Re: Objections to planning permission
Redvee wrote:Reading the details of the proposal there has been similar proposals in the past that didn't come to fruition.
Planning Permission is usually granted for a limited period. A scheme may not have come to fruition within that timescale because the developer chose not to proceed (economic downturn, insufficient profits) rather than a scheme having being declined.
If planning permission was denied nothing stops the developer making some subtle changes to their scheme and re-applying. Some of those who opposed the scheme may not realise that it is a new scheme and that they need to raise their objections again, objections to the previous scheme won't be considered. Some of those opposing may think that because the last scheme was rejected the current one will be too, so the new scheme may receive fewer objections through inertia.
In short make sure that anyone who objected last time is aware that they need to object again (assuming that they still object).
Re: Objections to planning permission
Check out your councils planning policy and try to frame your objection in line with policy. Also speak to your neighbours and encourage them to object. You should be able to track the application via the planning portal on the council website.
A bike does more miles to the banana than a Porsche.
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NewHorizon
- Posts: 472
- Joined: 14 Mar 2007, 10:10am
- Location: UK
Re: Objections to planning permission
Overlooking is a key issue - my Local Authority demand 22m window to window (unless there is a highway in between). You mention 20 feet, which is only 6.6m, which is very overbearing. All of the advice above is sound - object and encourage neighbours to do so. Contact your councillor, who may or may not be interested/helpful/informed, but don't expect too much from that direction!
Also, your bedroom window is a means of escape in case of fire. If the proposal blocks this (as it seems from the photo it may well, ie the fire brigade cannot reach it, then this must be taken into account as well.
Also, your bedroom window is a means of escape in case of fire. If the proposal blocks this (as it seems from the photo it may well, ie the fire brigade cannot reach it, then this must be taken into account as well.
Re: Objections to planning permission
Put in my objection to the proposal this morning
The council officer handling the case responded via email.
Should this proposal been granted planning permission the amount of light coming into my bedroom window will be dramatically reduced by at least 50%. Should be building be erected I will have a narrow window to the side of the building for light to reach my bedroom window. I am happy for a council officer to contact me to arrange a site visit to see my concerns over the light issue and perform a right to light calculation.
The council officer handling the case responded via email.
Ancient Right to Light is a private legal matter between the parties, which the Local Planning Authority will not become involved in. However, as part of my assessment I am concerned with your outlook and the daylight that reaches any habitable windows.