Latest in Neighbours, Objections and Community

130 articles
Neighbours, Objections and Community7 min read

Objecting on tree grounds and asking for a protection order

Asking for a Tree Preservation Order takes a letter and the right evidence. In a conservation area the six week notice under section 211 is the mechanism that actually saves trees.

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Neighbours, Objections and Community7 min read

Party wall rights alongside planning permission

Planning permission is public law and the Party Wall etc. Act 1996 is private law. Holding one does not give you the other, and section 6 excavation notices catch most rear extensions.

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Neighbours, Objections and Community8 min read

Having your say in an appeal as an interested party

Your rights in an appeal depend on the procedure. Written representations give you five weeks, an inquiry lets you apply for formal party status, and a householder appeal accepts nothing new.

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Neighbours, Objections and Community7 min read

Judicial review for a neighbour: time limits and standing

Judicial review tests the legality of a planning decision, not whether it was a good idea, and the six-week clock runs from the decision notice. Standing is rarely the obstacle. Grounds and costs usually are.

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Neighbours, Objections and Community7 min read

Checking that pre-commencement conditions were discharged

Work started without the required approval may mean the permission was never lawfully implemented. Finding out is a register search and a careful read of two documents.

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Neighbours, Objections and Community7 min read

Checking whether a development is built as approved

The approved plans condition on a decision notice is the legal definition of what was allowed. Comparing the building against those specific drawings is mostly reading, not measuring.

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Neighbours, Objections and Community6 min read

Finding out about an application after the deadline

An objection sent after the consultation period but before the decision must still be considered. What matters is how far the application has already gone, and what remains once permission is granted.

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Neighbours, Objections and Community7 min read

Reading a delegated report and finding the weak point

The delegated report is where you find out how your objection was treated. Omissions show up in the representations summary and the policy list, not in the assessment.

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Neighbours, Objections and Community7 min read

Where the 21 metre separation guideline comes from

No statute contains the 21 metre separation distance. It comes from early 20th century housing layout advice and survives in council design guidance, with varying weight.

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Neighbours, Objections and Community7 min read

Objecting as a parish or town council: process and weight

A parish objection carries procedural weight but is not binding. What decides its effect is timing, planning reasons and whether it was properly resolved by the council.

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Neighbours, Objections and Community6 min read

Writing an objection an officer has to address

Officers summarise every representation in the report behind their recommendation. An objection written in policy terms, with measured evidence, has to be answered rather than noted.

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Neighbours, Objections and Community6 min read

Material planning considerations in a neighbour objection

A material consideration is anything relating to the use and development of land. Loss of light counts, loss of view does not, and the difference decides whether your objection has to be answered.

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Neighbours, Objections and Community7 min read

Asking the council to make an Article 4 direction

Councils move slowly on Article 4 because of compensation liability. A request that acknowledges it, and asks for a twelve month deferred start, gets a better hearing.

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Neighbours, Objections and Community7 min read

Objecting to a change of use that needs no permission

Moving between two uses in the same class is not development, so no application exists. The remedies people reach for apply to permitted development rights, which is a different thing.

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Neighbours, Objections and Community7 min read

Petitions and template objections: how officers treat them

Public opposition is not itself a material consideration. The matters the opposition is about, if they are planning matters, are. That distinction decides whether a campaign changes anything.

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Neighbours, Objections and Community9 min read

Reading a viability assessment as a community objector

A viability assessment is an argument, not an accounting exercise. National guidance puts the burden on the applicant, and every assumption in the document can be tested.

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Neighbours, Objections and Community8 min read

Objecting to a scheme on an allocated site

On an allocated site, objecting in principle gets logged and set aside. The objections that change schemes aim at everything the allocation left open.

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Neighbours, Objections and Community6 min read

When a scheme is built differently from the approved plans

The drawings you objected to may not be the approved ones. How to check the register, report a departure usefully, and what remedies the council actually has.

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Neighbours, Objections and Community6 min read

Watching a section 106 agreement being negotiated

A resolution to grant is not a permission. How obligations can change during drafting, what the council has to publish, and how to follow a specific clause.

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Neighbours, Objections and Community8 min read

Rights of way, access tracks and objections about them

A public right of way needs its own diversion or stopping up order with its own objection period. Private rights of access are a civil matter. Mixing them up wastes an objection.

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Neighbours, Objections and Community7 min read

Objecting on highway safety without a traffic survey

A highway objection does not need a commissioned survey. It needs the right subject matter, a tape measure and dated observations the engineer will never see.

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Neighbours, Objections and Community7 min read

Developer pre-application consultation: what to expect

Most pre-application consultation is a choice the developer made, not a duty. How to use the exhibition, what to ask in writing, and how to check the statement later.

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Neighbours, Objections and Community7 min read

Construction hours, dust and deliveries next door

There is no national law setting construction hours. Find the condition or consent that applies, then send your complaint to the one team that can act on it.

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Neighbours, Objections and Community8 min read

Trees next door: protection, notices and overhanging branches

Three regimes govern a neighbour's tree: a Tree Preservation Order needs consent, a conservation area tree needs six weeks' notice, and an unprotected tree can be pruned to the boundary.

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