Step 2 – an application is made

Once the developer has submitted an application and the local council records this on the planning register, the clock starts ticking. This process usually allows at least  21 days for public objections.

Some planning applications that involve small changes to existing residential dwellings can follow a fast-track process. The opportunity to comment on these fast track applications is very limited. Any applications that involve a 2nd storey extension, demolish, new build, or change of use will require a planning application that is open to comment.

Closely examine the application to determine exactly what it is.

• There is no point stating your concerns about building design if it is a technical application that addresses a driveway design for a new build that already has already gained full planning permission.
• Similarly, “outline planning applications” may be submitted to establish the principle of siting dwellings on a particular plot, establish a specific access, or provide for a change of use. Developers will sometimes provide lots of unnecessary details such as designs, floor plans and the street scene view.  However, this is usually extraneous to the “principle” being proposed. These application address the principle of the proposal.  The details are important but they will be proposed and addressed in a later planning application
• Be on your guard for technical changes and follow-on planning applications (inc reserved matters) from unscrupulous developers:-
• Check that only the parts of the plan consistent with the purpose of the planning application have been changed between each application. There have been situations where developers slip in additional changes.  When this is eventually identified the developer argues that “it is on the approved plan” and they get away with it
• Monitor for incremental changes.  For example - The developer may move or create a garage so that it becomes “attached”. Then a door can be placed from the main house into the garage and the garage front bricked-up so that they gain an additional habitable room.  Similarly an upstairs window overlooking a flat roof can be converted to french doors as a step toward gaining a roof top terrace.
• Determine your position (you might want changes to the proposal, or to object to the application entirely.)
• Contact other people and local groups you think might support your position and quickly coordinate your objections
• Phone the Council Planning Officer and talk over your concerns in a friendly way, it can only help if you build a good relationship. The officer can also help explain local planning policies to you.
• It is important that you check the relevant planning policy relating to the site as this will have a lot of weight on the final decision
• It is at this stage that you write your letter of objection. If there are angles you are still exploring, ensure your letter arrives within the permitted time and state that you reserve the right to submit further information
• Watch out for late changes by the developer. The Planning Officer will be discussing the key issues with the developer. If the Developer believes that the current application will fail then they may submit late changes to drawings, or surveys in an attempt to get the application granted. If the late changes are significant then you can demand that a new 21 day period for consultation should be provided to give you time to review and update your letter
• Watch out for successive or parallel planning applications -  Do not assume your views will be carried over from the previous to the new application. It is necessary to review each application in it’s own right and comment as appropriate.

Using your rights in local planning applications

Cont..

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