Which objections can be taken into account in a planning application?
Which objections can be taken into account in a planning application?
People will have many reasons to support or oppose a planning application. They may be entirely sensible but some of them cannot legally be considered when deciding whether to grant or reject an application.
There are lots of valid objections to planning applications, called “material planning considerations”. These include:
• Loss of light or overshadowing (this isn’t just a high wall – it means loss of light to the extent that you don’t get enough natural daylight to see by).
• Overlooking/loss of privacy
• Visual amenity (but not loss of private view)
• Adequacy of parking/loading/turning
• Highway Safety
• Traffic generation
• Noise and disturbance resulting from use
• Hazardous materials
• Smells
• Loss of trees
• Effect on listed buildings and conservation area
• Layout and density of building
• Design, appearance and materials
• Landscaping
• Road access
• Local, strategic, regional and national planning policies
• Disabled persons’ access
• Proposals in the Development Plan
• Nature conservation
• Archaeology
• Fear of crime (with evidence to show that the fear is based in reality)
However, there are many comments the Council receives about planning applications which it cannot legally take into account.
These include
• loss of value to your property (the Council cannot reject a planning application on the grounds that it will reduce the value of your house if built).
• loss of view (you might have bought your house because of the lovely view across the field, but we can’t reject an application on that basis)
• boundary disputes including encroachment of foundations
• private covenants or agreements
• the applicant’s personal conduct or history (just because she’s fiddled the system before, we can’t reject her latest application).
• the applicant’s motives
• potential profit from the application for the applicant
• private rights to light
• private rights to way/access
• damage to property
• disruption during any construction phase
• work already done
• fence lines
• loss of trade or competitors
• age, health, status, background
• work patterns of the objector
• time taken to do the work
• capacity of private drains
• building or structural techniques
• alcohol or gaming licences
• matters covered by other legislation
When considering an application, the Council also has to ask “What could be done without any application?”
For example, suppose someone wants to take an office block, knock it down and build houses. People might say “Those houses will create traffic.” They will, but in planning, the Council can only consider traffic over and above what the existing offices would generate if they were fully occupied.
Source: iainroberts.mycouncillor.org.uk/2013/02/07/which-objections-can-be-taken-into-account-in-a-planning-application/