As a planning consultancy, much of our work revolves around securing planning permissions for new buildings, extensions and changes of use for clients. However, from time to time, clients come to us with a different task: objecting to nearby planning applications. This case study highlights one such project, where we successfully raised three separate objections to a proposed development.
The Background
Our client had recently moved into a new-build residential development located on the outskirts of town, adjacent to existing properties. Prior to this new development being constructed, a neighbouring property had obtained planning permission for a new dwelling within their garden. As the neighbour’s original planning permission was about to expire, they submitted a new application for the same proposal.
However, with the newly constructed homes now in place, the proposed dwelling would sit just 3 meters away from our client's house. This proximity would result in significant issues with overlooking and a lack of privacy, which would now be considered unacceptable when formerly there were no impacts on neighbouring amenities.
The First Objection
Our client approached us to help craft an objection letter to the new application. Typically, as planning consultants, our role involves finding policies that support a proposal to secure planning permission. However, in this case, we took the opposite approach - leveraging the same policies to expose weaknesses in the application, particularly its impact on the surrounding properties. We focused on the negative effects the proposed dwelling would have on neighbouring amenities, particularly privacy and overlooking concerns.
The outcome? Success. The local authority refused the application, and many of the points we raised were directly cited in the decision report. Our client was thrilled with the result, but the story didn’t end there.
The Appeal
A few months later, our client reached out again - their neighbour had appealed the decision. We thoroughly reviewed the appeal documents and drafted a second, more detailed objection letter based on the loss of daylight, negative impacts on the character of the area and potential flooding and drainage issues.
The Planning Inspectorate reviewed the appeal and, once again, our client’s concerns were validated. The appeal was dismissed, with particular attention given to the issues of overshadowing and the detrimental impact on our client’s property.
The Final Hurdle
Just when it seemed the matter was settled, the neighbour submitted a certificate claiming they had commenced work on the previously approved planning application, just before the expiration of the original permission. However, there was sparse evidence provided to support this claim.
Armed with photographic evidence from our client, we assisted them in disputing the certificate application, arguing that no significant work had been undertaken. After reviewing the case, the authority rejected the certificate, bringing the matter to a close with a third victory for our client.
Key Takeaways
This case is an excellent example of how objection letters can work when based on well-founded planning policies and evidence. Our client was delighted with the outcome after three successful objections - each leading to a refusal or dismissal of the neighbour’s plans. Although proud that the time and effort we had put in had paid off, it also got us thinking about how frustrating this must be for the applicant who had gotten permission to build a dwelling but was no longer able to because of the impact it would now have on the newer residential builds.
This case also serves as a reminder of the complexities and frustrations inherent in the planning process, especially for applicants who may find themselves hindered by evolving circumstances.
If the original applicant had been more aware of the potential implications of the new residential development, they might have approached the process differently. If they had fully commenced development before the expiration of their original permission, there would have been little our client could do to halt the construction.
The main takeaway from this case is the importance of understanding how changes in neighbouring developments can affect your future planning applications. Knowing the timescales involved and the potential for objections can make all the difference. This case highlights the importance of engaging with the planning process proactively, whether you are seeking permission or challenging a proposal. By understanding the policies and leveraging well-constructed objections, you can significantly influence outcomes that affect your living environment. This case study is proof that, with the right approach, objection letters can indeed work.
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At Bluestone Planning, we not only specialise in securing planning permissions for new developments, extensions, and changes of use, but also in supporting clients when objecting to nearby planning applications. Our expertise allows us to navigate the complexities of the planning process from both perspectives. If a proposed development threatens your property’s privacy, daylight, or general amenity, we can help by leveraging relevant policies to craft robust objection letters. In highlighting the impacts on surrounding properties, we aim to protect your interests and ensure a fair review of the proposed application.
For more information on how we can assist you with planning objections or securing permission for your project, contact us at Bluestone Planning by calling +44 1235 766825 or emailing admin@bluestoneplanning.co.uk
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