It can be frustrating to discover an unwanted planning application in your area that you believe may have a negative impact. Whether it’s a new development, a change in land use, or something else that might impact your community, you may wonder what you can do about it. Three key questions often arise:
- Can I object?
- What should I say?
- And will the council take notice?
Can You Object?
Yes, you can object to a planning application. You have the right to express your concerns. Your objection can be submitted through the council’s website, through their portal, or via email, and it will be considered during the decision-making process.
There is a consultation period of at least 21 days, during which you can raise an objection. However, in most cases, your comments will be accepted until the point the decision on the application is made.
What Should You Say?
When preparing your objection, focus on issues related to planning. These may include concerns about traffic congestion, environmental impact, loss of privacy, or the compatibility of the development with the area’s character. Be clear, concise, and factual. Avoid emotional language or personal grievances. Instead, support your argument with specific points related to local planning policies. You could explain why you believe that the development does not comply with these policies.
For instance, in a recent case I advised on, a client was concerned about a new access route that the developer proposed to build in order to provide access to the new houses. The client was worried that there wasn’t enough space for the new access road, and that he and his neighbours would lose parking spaces.
Additionally, he was concerned that pedestrians and cyclists could be at risk due to inadequate sight lines. Apropos the same development, the client also noted that all the houses in his street had bay-fronted windows. However, the new houses that were proposed would be much smaller and would not have this feature. The client thought that this was one example which showed that the new houses did not fit in with the existing area and street scene.
Will the Council Take Notice?
The council is required to consider all objections, but the weight given to each one depends on its relevance to planning policies and other important considerations.
It’s also worth noting that the number of objections can be important—while one strong objection can make an impact, a significant volume of responses can signal widespread community concern. Avoid the temptation to start a petition because regardless of how many signatures you can collect, it will be regarded as only one objection.
Final Thoughts – and a cautionary tale
I recently worked with a client who was upset to discover that his neighbour’s planning application had been granted permission. There was a long history (before I was instructed). Initially, the client’s neighbour had submitted an application, which my client found impossibly overbearing. My future client asked the case officer at the Council’s planning department for advice. The case officer told him that the application would be recommended for refusal. Based on this information, my client decided not to submit an objection to the council. The case officer was as good as his word and the application was indeed refused.
Several months later, the same applicant submitted a similar application for the same site. This time, there was a different case officer overseeing the application, with whom my client was unable to make contact to discuss the application. Consequently, my client submitted his objection to the application. However, it later turned out that the application itself was withdrawn. As a result, my client’s objection “fell away” as that the application was never determined.
Subsequently, the applicant made a third application. By this time, my client was quite worn out by the process. Unfortunately, he only found out the application after permission had already been granted. He was disappointed to learn that his views had not been taken into account. In these circumstances, although the objections were obvious to my client, the Council had simply not been aware of his intentions and his attempts to object this development.
In hindsight, it would have been better to have objected to the first application, even though it was refused. As it turned out, through no fault of either my client or the planning officer, there was no record of my client’s objection to the application.
The moral of the story? It explains the reasons why it’s important to take every opportunity to object to an application, even if the application is destined for refusal. The objection becomes part of the application planning history and can be taken into account when any subsequent applications are determined.
As town and country planning solicitors, Fortune Green Legal Practice advises clients on all aspects of town and country planning law. See below to get in touch for more information.
