Planner's opinion vs. policy

[Alan Ambrose]

Hi,

 

I have a general question, which is this:

 

'When evaluating a planning application: to what extent is the planner's own opinion re qualitative aspects important vs. the more factual rules in the local planning policy?'

 

For instance, if the local planning policy says,:

 

Improved energy efficiency and a reduction in CO2 emissions in buildings can be achieved through various means including orientation, siting, photovoltaics and heat pumps.

 

but a particular planner says words to the effect:

 

Please line it up with the neighbouring properties and parallel to the street.

 

... which approach 'wins in the end'?

 

TIA, Alan

[PeterW]

Policy - a good submission states “In line with Planning Policy A3.7, the property has been oriented to maximise solar gain to reduce the carbon footprint of the build etc etc”

 

Planner can’t argue with that as their policy has to be applied and if they don’t then you can appeal and say they aren’t sticking to their own rules 

[Temp]

Depends what the surrounding houses are like. In an area where they are all in neat rows it will be a lot more Important. If you can find other houses in different orientations in the same road you can include photos or plans with your application in the Design and Access Statement.

 

Sometimes it helps to provide a street view - an artists sketch drawing showing your house and those either side of it. Our Architect was good with pen and ink drawing and made ours look like it fitted in well. In reality trees, hedges and sloping ground mean you can't actually stand in one place and see that view.

 

We spent a year trying to get approval for a house further back on our plot. They kept us moving bits around like that game you get in Christmas's crackers with squares you slide about. They were adamant it had to be built near the front which is narrow. In the end we discovered a letter they had sent the previous owner saying "a house further back on the plot might be better". We were furious at the waste of time and money.

[Alan Ambrose]

There are a couple of houses on one side, from, I think the 1940's, which are parallel to the road etc - this is rural so they're fairly far apart and mostly screened with hedges.

 

>>> you can't actually stand in one place and see that view.

 

Point taken - I think sometimes street scene drawings make it look like there is a more 'consistent street scene' than there really is.

 

Sounds like 'policy (mostly) wins ... eventually'.

 

[joe90]

With my planning fight (four attempts) I took it to the Secretary of State for an appeal and the planners were told they were not following their own policies 🤷‍♂️( and I won on all points, which included turning the house through 90’ to maximise solar gain!).

[Alan Ambrose]

And I was hoping for some easy negotiation …. you have some terrier genetics?

[saveasteading]

1 hour ago, Alan Ambrose said:

I have a general question,

A very big question.

 

As PeterW: read the local policy, then make a tick list.

Then make it easy for the planner to see how you have complied by writing out policy/ solution . They like this assistance.

 

If necessary, plans and references are good.

I usually reserved street-scene / artists impression until it was requested or  it helped resolve an issue, because it takes a lot of effort to make a good job of it.

In practice you are showing that there is no need to worry, and that requires an almost perfect image of what it will look like. We would take a photo of the view in question (minimising the effect, but not manipulated) and then superimpose a cad 3D view perfectly.

In every case, councillors were relieved and relaxed...because they cannot read drawings, and don't assume the planner is good at it either.

 

BUT on one project the councillors were objecting to size and the view from the street. The building was going to be invisible due to existing trees.....and the difficulty of getting that across to them was exasperating.

 

If something in particular is troubling you, please tell.

 

 

 

 

[Kelvin]

Some of it will depend the type of houses already there. If there are lots of different styles and looks then there’s probably more flexibility on siting than if the other houses are all much the same. Fundamentally though planning policy should trump an in individual planner’s opinion and if it didn’t you’d have good grounds for appeal, otherwise there’s not much point in the policies. 

[Johnnyt]

Local plan policies can contradict one another, such as green belt and countryside policy.

Where there is tension the decision maker ought to weigh up the planning balance and look a the proposal’s compliance with the local development plan as a whole.

You may be able to tick the boxes on sustainability, biodiversity gain, innovative and exemplar design and more, but ultimately, it’s the decision makers who are the ultimate arbiter and they often struggle to cherry pick out a subjective objection.

If you appeal, you’ll get a fairer crack of the whip, just stack up all your ticked boxes and if necessary get a professional comment on the subjective point countering the LPA’s assertion.

My LPA just wouldn’t listen despite numerous attempts and we ultimately won on appeal with a full costs award against the council for being unreasonable.

 

Needless to say, I had drink that night.

[ToughButterCup]

17 hours ago, Alan Ambrose said:

....

'When evaluating a planning application: to what extent is the planner's own opinion re qualitative aspects important vs. the more factual rules in the local planning policy?'.

...

 

Here's an illustration to help answer your question

 

Our design could not have been more different than the 'chocolate box' row of 18th Century houses further down the lane. 

 

How did we get it through planning? 

 

Listening hard to the planner, compromise and careful attention local micropolitics. Finicky, delicate work.

 

[MDC]

22 hours ago, joe90 said:

With my planning fight (four attempts) I took it to the Secretary of State for an appeal and the planners were told they were not following their own policies 🤷‍♂️( and I won on all points, which included turning the house through 90’ to maximise solar gain!).

Is that why your name is Joe90 ? 

[joe90]

3 hours ago, MDC said:

Is that why your name is Joe90 ? 

No, it was my nickname at school ( thick glasses and inventing stuff).

[Alan Ambrose]

>>> Listening hard to the planner, compromise and careful attention local micropolitics. Finicky, delicate work.

 

Point taken, no substitute for detail work huh? In this case, but not 100% relevant to my question, the planner is ignoring all requests for discussion.

 

So, I'm both trying to determine my strategy and also understand how the system works. The latter is answered pretty well above, I think, and many thanks to everyone for their detailed thoughts and contributions.