Saturday, June 28, 2008

How to fight Council planning applications - Part 2


Part 2 - The Committee meeting

Once the consultation period is complete, if you have raised an objection to the application you will be invited to the Planning and Highways Committee meeting. It is at this meetings that the planning application will be decided.

At the Committee meeting one person from each side, supporting and objecting, will have the opportunity to address the Committee for a 2 minute period.

TIP - Nominate one person to speak and gather details of everyone's objections – the more reasons for refusing the application you can hit them with the better.


TIP - Rather than solely raising the concerns objectors have, try to find policies which the planing application violates and therefore why the application should not be approved – for example we found several Unitary Development Plan (UDP) Policies contravened by the application's plans and by raising these achieved additional parking spaces and an access route to the site – these details were found on the Council's website.

In our case the Council put forward a report to the Committee prior to the meeting (which I think is common practice). Along with details of why the plans should be approved it detailed the number of objections and the concerns raised. However it also gave them a chance to counter these - albeit in our case they didn't address the main issue in question; the residents' concerns were about the security of the area (such as residents' property) and the Council responded with the security of the proposed site.

TIP - This report was published on the planning website and also handed to us just before the Committee meeting, however a copy was also sent directly to me when I raised my detailed written objection to the Council. N.B. It took a long time for a lot of the documents to be uploaded to the site - it is therefore worthwhile requesting a copy after the consultation period.

After both parties have made their representations the Committee members will then discuss the application based on what they have heard. Further to this the Chair will ask members to indicate whether they approve or reject the planning application and a hand show vote will be taken.

It is possible that the Committee meeting will be deferred either before representations are made or after them to enable further information to be sought. In our case it was deferred twice, once when Committee members were made aware of the number of objectors and then again to allow further consultation with the residents and for the applicant to submit a change of plans.

TIP - Until the decision is due to be made any further objections may be considered – if you need a few more petition signatures or other objections use this time wisely. Also if there are any companies which you believe have not been consulted which should be contact them and ask them to put any objections in writing – businesses/money should have a greater influence than an individual.


TIP - If you do get more than one chance to make representations try and always attack from different angles, if the Council have received written objections they are likely to know the reasons for your objection, there is no point repeating the same thing each time. As mentioned above try and find flaws with the plans especially where approval would be contrary to Council policy, try to gauge what the argument for approving the plans will be and try to counter them and raise any conduct issues i.e. lack of consultation/pre-determination.


TIP - Last but not least be sure you know the correct time and location of the meeting, I have heard of situations where times/locations are changed last minute and those who wish to attend the meeting are not advised. In our case our meeting was moved to another room on a different floor of the Town Hall, whilst many of us were waiting outside of the original allocated room.


See you for my next blog post part 3 - The Decision.

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.