Trimble Architects

Discover whether planning permission can be refused if neighbours object. Understand how objections are considered, the factors that influence planning decisions, and your rights throughout the process.

Will a neighbour's objection affect my planning application?

When you submit a planning application, your local authority will take neighbour objections into account. But, an objection on its own does not automatically mean your application will be refused. The local planning department will consider the reasons behind the objections and weigh them against their planning policies.

Neighbours are routinely notified of planning applications and allowed to comment. Their concerns might include the loss of privacy, the impact on the character of the area, or the effect on light. If these concerns are valid under planning regulations, the planning officer or planning committee will consider them seriously in their decision-making process.

Factors like noise, traffic, and environmental impact may also be taken into account during the review. Neighbours' feedback plays an important role in ensuring that developments are balanced and respect the local area.

It's important to remember that even if neighbours object to your plans, the final decision rests with the local authority. They will decide based on whether your proposal complies with planning laws and guidelines.

If your proposal will cause significant harm that cannot be mitigated through alternative solutions, planning permission may be refused. It's always a good idea to consult with an architect or planning consultant. That way, you can ensure your application meets the necessary criteria.

What issues are not considered valid planning application objections?

Certain concerns, while important to neighbours, are not considered valid reasons for refusing planning permission. Here are some examples of issues that the planning department does not take into account:

1. Nuisance caused by the effect of construction: Dust, noise, and traffic from building works are temporary inconveniences. While it is undoubtedly frustrating for neighbours, these issues are typically managed through conditions imposed on builders. In this case, they are not usually grounds for refusing a planning application.

2. The applicant’s circumstances or intentions: Whether the applicant is planning to live in the property, rent it out, or sell it, does not impact the planning decision. The focus is on the development itself, not the personal motives behind it.

3. Boundary disputes or ongoing neighbour disputes: These issues are considered private civil matters and are not within the scope of planning considerations. Planning permission will not be refused based on such disputes.

4. Effect on the value of properties in the area: Any concerns about property value impacts are not taken into account during the planning process. The planning authority is more concerned with physical and environmental impacts, such as design, size, and impact on neighbouring properties' privacy.

Understanding these points can help you to better steer the planning process. It will allow you and your fellow employees or architects to address valid concerns more effectively. Always seek proper advice to avoid common pitfalls.

How are planning permission objections made?

Neighbours who wish to object to a planning application must do so in writing. They can either submit a letter or use the online system provided by the local authority. The comments must be made within a specific time frame, usually indicated in the planning notice.

To be effective, objections should focus on planning concerns such as the impact on privacy, light, or local character. It’s not enough to simply state opposition; the reasons must be clear and relevant to planning guidelines.

Once submitted, objections are reviewed by the planning officer. They consider all comments before making a recommendation. In some cases, the application might go to a planning committee meeting, where neighbours can attend and speak about their concerns.

It's important to remember that all objections are published on the local authority's website. This makes them available for public viewing. If you’re planning to object, ensure your comments are based on planning reasons and provide clear, relevant information.

Can a neighbour refuse a party wall agreement?

Under the Party Wall Act 1996, if you plan to carry out works that affect a shared wall or boundary, you must notify your neighbours and get their consent. A party wall agreement is different from planning permission and deals specifically with shared structures.

Neighbours have the right to refuse a party wall agreement if they have concerns about the proposed works affecting their property. Yet, refusing consent does not mean the project can’t proceed. It simply triggers a dispute resolution process that involves appointing a surveyor.

The appointed surveyor will assess the proposed works, and the concerns raised, and provide an impartial decision. This decision is binding. While neighbours can refuse consent, the surveyor’s award will dictate how the works proceed, often with conditions to address valid concerns.

If you're planning works that need a party wall agreement, it’s always best to communicate openly with your neighbours. Addressing their concerns ahead of time can lead to smoother agreements and fewer disputes.

How many planning objections are needed to stop a project?

The number of objections does not automatically lead to the refusal of a planning application. What matters is the nature of the objections and their validity within planning policies. The planning officer and, in some cases, the planning committee will take all objections into account when deciding.

A single, well-founded objection about overlooked concerns like loss of privacy or significant negative impact on the local environment can carry more weight than many objections about non-material planning issues. For example, objections based on noise from future construction work or changes in house value are not given much consideration in the planning process.

Often, if large objections are raised, the planning committee will review the application themselves at a deeper level. This is rather than leave it to a single planning officer. The committee, consisting of elected local councillors, will then vote on the application. They will make their decision based on the planning officer’s report, which includes all objections and comments.

It’s critical to remember that the planning process is designed to balance development needs with local impact. Each application is decided on its merits, and valid neighbour objections are a significant, but not sole, factor in the decision.

Always consult with a planning professional to understand how objections might impact your specific application. Effective planning and communication can often address concerns and lead to a favourable outcome.