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Planning Permission - reasons to object - paul45

Hi,

Here's the situation. We live in a village in Wiltshire and our house is situated on a narrow lane. There are 9 properties in relative close proximity 5 of which are a terrace. We've lived on this lane for 25 years.

One of the properties was sold back in June and bought by a local plumber / heating engineer. The property had been modernised around 10 years ago, by adding a set of rooms (a large dormer) essentially giving the property 3 floors instead of 2. The property has been completely renovated again, and has been converted to 3 x 1 bedroomed flats (there are now 3 kitchens, 3 bathrooms, etc.) although this is only supplied by a single electric and gas meter.

Much to the consternation of the neighbours either side of the property, this conversion has been carried out without initial planning permission, but a retrospective planning permission has been sought and we've been consulted via letter. This outlines that the property will be fully occupied by family members, including the owner's disabled daughter. Various conversions have been made to the house to ensure wheelchair access etc.

Although I empathise with the 2 neighbours who live either side, they are mostly concerned about noise - as two out of the three living rooms will now back onto their bedrooms, however because we are in a detached property, this will obviously not affect us, and I don't believe I can object for any of those reasons, as this is not objective.

My main concern is around parking, there is limited space on the lane - only 4 cars can park, and although I'm fortunate enough to have a garage, in which SWIMBO and my car use all the time, during the time when the work that was being carried out, various contractors parked in front of the garage preventing me from getting in / out. I've always had a live and let live attitude to this, usually knocking on the door of the property and asking the vehicle to move.

Moving forward, my main worry is again, having vehicles inappropriately parked preventing access to my garage, although this hasn't happened for some time. The lane is a pinch point where I live, with barely enough room for 2 vehicles to pass, and there is much agricultural traffic that uses this lane, coupled with the refuse / recycling vehicles that use the lane. So parking is an issue, but given the respect individuals have on the lane, as I said this is rarely, if ever, a problem.

So, the question is, what are the legitimate reasons I can object to the planning permission, based on access to my garage. I could improve signage, for any new residents who might not be aware, but there are no double yellow lines, so in theory people are aware. But, as other neighbours believe (not proven though) the house will be rented out using an Air BNB type principle, so there could be new people in the house all the time.

Any advice gladly received.

Thanks

Planning Permission - reasons to object - FP

I have very limited experience of local planning regulations. However, if you Google "grounds for objection to planning application" a number of pointers come up, many of them from local authorities. (I see that traffic concerns may come into this.)

In addition, I have found in the past that my local government planning department has been willing to talk to me at an informal level.

I wonder, too, whether it might be a good idea to speak to your neighbours who may also be thinking of objecting to see whether a combined approach might be worth considering.

Planning Permission - reasons to object - sammy1

If the property has indeed been converted to individual flats then building regulations would be enforceable although if you as you say only one set of meters then I wonder how 3 possible tenants would work. The property may be in breach of fire regulations if converted as you say. Would be best to have a word with planning. Parking is something else, if the authority new at the outset that the property was to become three then they may take a view.

Planning Permission - reasons to object - daveyjp

Look at the Council's policy on conversion of properties to flats.

Forget who is living there now, planning permission applies to buildings not individuals so once pp is secured the properties could be sold tomorrow.

Highways and parking are also areas to consider, local amenity, changing nature of the street, area etc.

Listed buildings? Conservation area close by? If so has impact on these been assessed?

Planning Permission - reasons to object - Happy Blue!

Lots of issues surrounding this question....

1. Over development. SImply creating too much of something is enough to fail to obtain permission.

2. Permission for flats creates two new dwellings (good), but increased demand for parking (bad) and public services (could be bad in the particular location).

3. They will need to prove that the conversion works comply with Building Regs. That can involved destructive investigations of the internal decorations to assess fire barriers and acoustic insulation.

4. Strongly agree that there would be a communal approach via the local councillor; something along the lines of "we understand the need for the house for the disabled daughter but it needs to be more sympathetic to the neighbours". Suggest some conditions that could be attached to the consent regarding parking or type of occupation. If there are flats, maybe they cannot be occupied by someone not connected with the occupiers of the other flats; something like a granny flat arrangement..

Planning Permission - reasons to object - thunderbird

If the owner has turned the house into an HMO (house of multiple occupation) there will be lots of conditions that the owner needs to comply with to make it legal, planning will be the least of those.

But its very difficult to object until you have evidence as to whats actually what is happening. As examples you cannot complain about noise until its become a nuisance and you cannot complain about cars blocking drives until they have done so. Neither of those are planning issues unless there are clear conditions attached and since there is no planning currently I would guess they would be a civil matter.

I can remember submitting a planning application for a scheme at work and after our neighbours had placed the objections the council convened a site meeting for the objectors to state their case and I also was given to opportunity to state our case. Following this there was a full planning meeting which we could attend but not speak. Basically the objectors made total fools of themselves, you could see the local councillors and planners looks of disbelief. One neighbour produced photos to show the parking issues and mess they created which were in black and white with an assortment of Morris Oxford and Cortina type cars. The senior planner asked when the photo was taken and the answer was as I expected, in the mid 60's, almost 50 years before the meeting.

We were given approval with no conditions and the prime objector sold up. We had no further issues.

Planning Permission - reasons to object - paul45

Many thanks for all the responses so far, as you say Thunderbird, the areas of concern we have, have not yet happened, so our grounds may be limited at best, and non existent at worse.

I'm going to write the letter today, and I'll update the forum once we know the outcome.

Cheers P

Planning Permission - reasons to object - Terry W

It is worth finding out if retrospective planning permission is subject to the same scrutiny as it would have received had permission been sought before the work started. The local authority may have refused planning permission at the start, but they may be reluctant to issue an enforcement notice now the work is complete.

I also find it strange that someone in the building trade (plumbing/heating) would be unaware of the requirement for planning permission. Deliberately or knowingly failing to apply for permission may indicate an expectation that refusal or conditions would be attached. This may give the LA the resolve to issue permission with a number of conditions or refuse it altogether.

Planning Permission - reasons to object - concrete

So far sound advice from other people. There are so called 'developers' who work on the premise of 'better to seek forgiveness than ask permission'. Thinking a fairly low key development like this may slip through the net and become a 'fait accomplie'. If I were you I would try my local councillor first, parish or borough councillor. They should have the contacts to find out whether planning was sought or not,or even refused. if the council opposed the scheme then planning would not be forthcoming unless an appeal was successful. Even complying with building regulations does not entitle you to by pass planning regulations. If the council opposed the development, this combined with neighbouring objections present a strong argument to redress the issue. The LA have considerable power at their disposal if there is any transgression of the planning laws, whether deliberate or not. That is your only real route with our going into a private prosecution. Cheers Concrete

Planning Permission - reasons to object - paul45

OK Latest - 13 people objected (there are only 8 more houses on our lane), with objections from neighbouring streets, mostly due to the parking.

One of neighbours who lives next to the property in question, said that the decision had been delayed a few days (13th Feb) so we should hear next week.

I was very surprised (and so was the developer who I heard in our local pub talking about how small minded and bigoted we all were), that so many people objected. Emotions are running quite high.

I'll update next week or as soon as I know more.

As always - thanks for the advice and support.

Paul

Planning Permission - reasons to object - paul45

Hi All - Decision to refuse planning permission (part retrospective) was given on Friday.

Decision reason - lifted from Wiltshire County Council's planning portal:-

By reason of the design, layout, and sizing of the flats the proposal is considered an over-development of the site that would create flats with poor internal and external amenity that do not provide the reasonable living conditions rightly expected by any future occupants. Accordingly, the proposal fails the requirements of Core Policy 57 (iii, vii) as well as 127 of the NPPF (2019).

interestingly it was stated by the housing officer that if this was ignored, then an enforcement notice would follow.

As others have said - it was nothing to do with parking / access etc,. but all to do with the unsuitability of a mid terrace house to be turned into 3 separate dwellings, of which none of the bedrooms met the legal space requirements (>6.5 m2) for homes of multiple occupancy.

Not sure what the developer will do, he can appeal of course.

Hopefully he will turn it back into a well developed 3 bedroom 2 bathroom terrace and then sell up.

Cheers

Paul

Planning Permission - reasons to object - Avant

Very good of you to update us, Paul.

A pity that the developer didn't use a surveyor of Happy Blue's calibre, who might have told him at a early stage that this wouldn't work - and not to start work without planning permission.