Opposing a Planning Application

[Dan n Nic]

Has anyone had any success in opposing a planning application? And got any tips in what to include when writing a letter to oppose one?

To cut a long story short my neighbour has had an application granted on appeal which is fine, as the new building / annex wasnt going to be very high etc... however they seem to have found a loophole in the legalities so they have now re-applied to site a mobile home on the approved site which means that as it is not a permanent structure there are no restrictions on the size of this thing and the one that they are erecting is 3 & 1/2 metres high before it is placed on any footings etc and runs the length of my entire garden.
As you can imagine i am not very happy about this as it is on the "sunny" side of my garden and will cut out the amount of light we get. I work for the local authority and have had discussions with the planning officers but they wont give too much info out as I am not really meant to know about this appliction because this type of application is supposedly not made public (although it is listed on the authority website). Any info appreciated...

[Diamond Hell]

You can only make 'material objections'.  Google it and there is a world of information out there about it.

Your sunlight isn't included, I don't think.

If it's just you objecting you are unlikely to get it stopped.

You need to recruit others in your neighbourhood.

There are no 'secret' planning applications.  They all have to be advertised.

Once it's granted there is no appeal.  You have to stop it on the way through.

Welcome to a world of pain. 

[Sam]

They cannot reduce the amount of sunlight by a certain amount but im not sure what this figure is. Best bet would be looking into doing a small sun study which arent as complex as they sound you just need a couple of measurements and can do it through sketchup pro. Its normally relating to sun heights in the depth of winter and the cast shadows produced. I also seem to remember somthing about the distance that a tempory structure has to be from other properties but im not entirely sure about that.

[Dan n Nic]

Cheers Sam, but i fear that this is where the "loophole" comes in as this is not classed as a temporary structure, but as a "caravan" therefore under the 1968 caravan site act the dimensions it cannot exceed 3.05m from floor to ceiling (at it's highest point) internally, there is no mention of any external height in the act. This is probably because mobile homes used to be just a square box.

And DH thanks also, but it is a weird one as this is not "really" a planning application, but a "certificate of lawfulness" application, which I am lead to believe is different.

[Sam]

Cheers Sam, but i fear that this is where the "loophole" comes in as this is not classed as a temporary structure, but as a "caravan" therefore under the 1968 caravan site act the dimensions it cannot exceed 3.05m from floor to ceiling (at it's highest point) internally, there is no mention of any external height in the act. This is probably because mobile homes used to be just a square box.

And DH thanks also, but it is a weird one as this is not "really" a planning application, but a "certificate of lawfulness" application, which I am lead to believe is different.

But it isnt a caravan, its a 'static caravan' which would require planning as far as I am aware as as you are changing the use of a section of land in a dramatic way. Its sh!t trying to get anything out of the planning portal and when you ring up they just refer you back to the website, the amount of time we used to spend on projects asking about signage and extractor fan outlets was absolutely unreal! Really takes the piss

[Dan n Nic]

Under the 1960 Act this would have been the case, but when reading the revised 1968 Act, it defines a caravan as "any structure designed for human habitation which is capable of being moved from one place to another (whether being towed, or by being transported on a motor vehicle or trailer)" yada yada yada.

[Diamond Hell]

H'mmmm, I think you'll find any structure of that type in a garden needs planning these days.  If you think you're going to suffer a major problem then I suggest you engage a planning consultant.  They won't be cheap, but it's the only way of really getting this thrashed out - and you MUST get it done before anything goes through.

[Sam]

Are you sure your not confusing plannning permissions on caravan sites with planning permissions with regards to private property? I cannot see at all how with all the rules and regs around residential planning that placing a huge white caravan in your back garden is as simply as buying one and plonking it in, I mean you cant even let trees overhang and hedges get too tall now. Also, dont forget about the 2/3rds rule so if it takes up a massive part of there garden it may be worth looking into this.

[Dan n Nic]

Cheers, will look into the 2/3rds. I think the poeple dealing with the application are obviously specialised in this field as mentioned before the planning officer seems to think that they have found a loophole and ithas a lot to do with the fact that planning permission has already been granted for a "Permenant Structure" (allbeit smaller) and this is now a so called temporary structure.

Here is the link, take a look (yes it does have their peronal info on, but it is freely available on the net so I don't think there is any issue posting this).
http://planning.bournemouth.gov.uk/RealtimeRegister/plandisp.aspx?recno=80542#

[Sam]

Cheers, will look into the 2/3rds. I think the poeple dealing with the application are obviously specialised in this field as mentioned before the planning officer seems to think that they have found a loophole and ithas a lot to do with the fact that planning permission has already been granted for a "Permenant Structure" (allbeit smaller) and this is now a so called temporary structure.

Here is the link, take a look (yes it does have their peronal info on, but it is freely available on the net so I don't think there is any issue posting this).
http://planning.bournemouth.gov.uk/RealtimeRegister/plandisp.aspx?recno=80542#

Having planning in place for a permanent structure is irelevant to what they are doing, its like applying for a conservatory and building a garage instead. It simply doesn't work like that.

Whatever goes in will need to be signed off by a building/planning inspector to say that the work undertaken conforms with the planning granted. A caravan does not look like an extension, they may be trying there luck with a 'grey area' but it seems that they are simply trying to exploit wording. I'm sure it doesn't mention parking a 747 in their garden as a breach of planning for the extension but it sure as hell wouldn't pass under the current granted permission.

EDIT: Just reading through the documents I would appear that the excessive need for statements would imply that the council are not over keen on the idea either. Put together a small case of how it effects you and explain that you are not against the idea, you are just against is blocking your light and the detrimental effects it has on the quality of your garden blach blah blah. Would it work for you if they put it tight to the hedge on the other side, with the van facing your garden?