Reserved judgment

3 December 2012

Having already obtained outline planning permission for a site on which I wish to build, I have recently applied for reserved matters. However, I have received an objection from the parish council and a near neighbour who would both rather my two-storey dwelling was instead a bungalow. Their concerns centre around the blocking of natural light and the overlooking aspect of a two-storey build. The planning officer has stated that no windows overlook any neighbouring houses and that the area has a fair mix of property types – plus the outline planning stage did not stipulate a single storey. If this matter should result in a refusal, what would be the best way to appeal?

Answers

Objections from neighbours and parish council won’t necessarily mean your application is refused, unless the reasons they give are sound ones. Speak to the planning officer and discuss the issues raised. If the officer doesn’t agree there’s loss of light or overlooking, then there shouldn’t be a refusal on those grounds. If the application was refused by the planning committee against the officer’s advice, your choices are to opt for a written appeal or an informal hearing. The latter has the advantage of being able to discuss the issues with the Appeal Inspector and to continue that discussion at the appeal site visit. The downside is that the neighbours can attend and press home their objections. Appeals can be quite technical and you should consider taking professional advice from a planning consultant, especially because there is probably quite a lot of value at stake in the difference between a bungalow and a house. Bear in mind that with an informal hearing you might be able to recover from the council any costs you’ve incurred by going to appeal. This will be particularly pertinent if its refusal really was unreasonable.

3 December 2012

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