Lodging Planning Objections
So you would like to object to plans to build a wind power station in your area?
You will normally only have three weeks to make your case once a local planning application is lodged. Keep a close eye on the local press and the local authority website. If you leave your details with your local protest group then they should hopefully notify you when an application is made. In most cases they will also advise you how to review the applicationsand register any concerns. .
You have the right to make your feelings known to your elected representatives and they may listen sympathetically. However, when it comes to raising planning objections with your local authority it is important that you consider their perspective. You may be hopping mad but please bear in mind that the local planners did not originate the planning application. They are merely doing their job by bringing the application to your attention. Please don't shoot the messenger!
Remember that planners can only accept objections lodged on valid planning grounds and many of the things that make residents very irate are not 'material planning considerations'. Here is an extensive but not exhaustive list of 'material planning considerations that might give rise to valid objections:
- Central government policy and guidance - Acts, Circulars, Planning Policy Guidance Notes (PPGs) etc.
- The Development Plan - and any review of the Development Plan.
- Adopted supplementary guidance - for example. village design statements, conservation area appraisals, car parking standards.
- Replies from statutory and non-statutory agencies (e.g. Environment Agency, Highways Authority).
- Representations from other interested parties so long as they relate to land use.
- Effects on an area - this includes the character of an area, availability of infrastructure, density, over-development, layout, position, design and external appearance of power plant buildings & landscaping.
- The need to safeguard valuable resources such as good farmland or mineral reserves.
- Highway safety issues - such as traffic generation, road capacity, means of access, visibility, car parking and effects on pedestrians, riders and cyclists.
- Public services - such as drainage and water supply
- Public proposals for using the same land
- Effects on individual buildings - such as overlooking, loss of light, overshadowing, visual intrusion, noise, disturbance and smell.
- Effects on a specially designated area or building - such as green belt, conservation areas, listed buildings, ancient monuments and areas of special scientific interest.
- Effects on existing tree cover and hedgerows.
- Nature conservation interests - such as protection of badgers, great crested newts etc.
- Public rights of way
- Flooding or pollution.
- Planning history of the site - including existing permissions and appeal decisions.
- A desire to retain or promote certain uses - such as playing fields, village shops and pubs.
- Is there a need for the development?
- Prevention of crime and disorder.
- Presence of a hazardous substance directly associated with a development
- Human Rights Act
- Precedent - but only where it can be shown there would be a real danger that a proposal would inevitably lead to other inappropriate development
By contrast planners cannot take into account other matters which are often raised by angry residents but are not deemed to be valid planning considerations. These would include:
- An objection to the logic or utility of wind power in principle
- The perceived loss of property value
- Loss of a private or specially treasured view
- The fact that the applicant does not own the land to which the application relates.
- The fact that an objector is a tenant of land where the development is proposed
- The developer’s motives, record or reputation
- Your feelings
- Religious or moral issues
- The identity of the applicant or occupant
- Unfair competition
- Boundary disputes
- Breach of covenants and personal property rights, including rights of way
- Devaluation or loss of value of any property
- Other financial matters
- Matters controlled by other legislation - such as internal space standards for dwellings or fire prevention.
When you lodge your comments please remember to keep these concise and strictly to the point. However angry you may feel please try to keep calm. Remember that you need to make comments that are valid in planning terms as outlined above. If you mix valid and invalid comments it may weaken your case. |
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