Tuesday, June 03, 2008

How to fight Council planning applications - Part 1



This is the first instalment of a four part series detailing my own experience of fighting a Council's planning application and advice on how you would go about doing so. If you would like a copy of the full series prior to its publication or have any questions please leave a post below.

Firstly I must say that we lost our battle and the planning permission was approved. Whilst unfortunately we did not win on the main objection to the plans (a youth centre) we did however get elements of the plans changed (parking/access) - I hope our story will help anyone else wanting to take a stand by showing what you are likely to expect and providing tips which may help you.

Part 1 - Submission of planning application and consultation

We were invited to a meeting about the Council's proposals approximately 3 months prior to the application itself being submitted. It is likely that your Council will do the same but be warned that they are unlikely to tell you when the application is actually submitted.

TIP - routinely check the planning application website for your local Council from the time you hear about the plans.

Once the planning application is submitted there is a period of 21 days statutory consultation within which time objections/support or other comments can be raised by consultees (e.g. Highway and Environment Agencies) or neighbouring residents. However there is only a duty on the Council to consult those residents who share a boundary with the site of the application, not necessarily residents living nearby. These boundary residents should be sent a letter with details of the plans.

TIP - in our case many residents affected by the plans were not consulted but still had objections. It is important to make everyone affected aware of the plans especially if there is a contentious issue. What I did was flyer these residents with brief details of the application and provided the web address where they could find the plans and comment on and object to them.

The more objections received by the Council the less likely they will be ignored. We believe is that it is harder to turn down a number of people than one sole objector.

TIP - get a petition with as many signatures possible of residents objecting to the application – involve your neighbours – I know it seems a lot of work but will take less time if split between a number of people – believe me it is worth it.

TIP - keep checking the Council's planning website, any comments from consultees and neighbouring residents will be posted, Highways Management in our case noted a flaw in the plans in their response to consultation and by using these “official” concerns it strengthened our own arguments.


Coming next week - the Committee meeting - how to prepare, structure your arguments and deal with the Council's underhand tactics.

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