Destructive development is having a devastating impact on the daily life of people and their urban and green environments. Many people feel they are completely powerless in the face of powerful developers supported by politicians and certain councils but you can fight back. Here is a 10-point plan explaining the planning process use it to show you do not have to lose the power to govern how you live. Join organisations such as the London Social Forum and take back the power for the life of you, your family and your community.
TEN POINT Planning Action Plan
FIGHTING NEGATIVE DEVELOPMENT
1) Every community should have a copy of your council’s UDP (Unitary Development Plan). Get one between a group if your council is attempting to charge you. This important document should be your tool for fighting every planning decision because it states laws under which your council is subject to consider planning decisions. Use areas referring to residential amenity, conservation area and community interests.
2) Obtain a copy of the application and drawings and read them thoroughly. If you do not do the research, you will not be able say why it is bad or if there are any alternatives.
3) Write down a list of why the development is bad, contact your local Citizens Advice Bureau to get advice if it appears too complex they will refer you to experts maybe even get a solicitor or a barrister to take on your case for free. Do not be afraid, pro-bono lawyers can help you know your rights and are free.
4) Once you know your full rights, register your interest with the Council and speak to the planning officer in charge of the development and ask him about how you get to give your say, any time limits, what he thinks then tell him why you think it is bad. Keep a record of the officer’s name, date, procedure and details of every conversation and any advice given
5) Obtain details from officers in building control and environmental health department but again keep a record of all information given.
6) Send in a written objection using information from the UDP.
7) Attend the planning meeting where the decision will be made. One of you will be able to speak. Remember to be fair and reasonable otherwise you will lose.
8) Compare how reputable councils like Westminster and Camden would deal with a similar planning application.
9) If you lose but you feel unfairly or the Council has not followed a process. Go back to the Citizens Advice Bureau and find out if there is a legal challenge. If you do not feel the council has dealt with your application properly, you have the right to lodge a formal complaint with the council and if dissatisfied after Stage 3 – write to the Local Government Ombudsman
10) Every so often a new law comes into play usually from Europe (thank God), The UK government has delayed this bill to the last moment. It means every time your council changes your local UDP or plan and it will have a significant development, it is now legally obliged to produce environmental evidence that it is the least harmful proposal for your area. Find out more about the “Strategic Environmental Assessment Directive” or SEA
You also now have a right to demand information from your council
Freedom of Information Act comes into force on January 1, 2004
There is a special provision to demand on the environment using Environmental Information Regulations
Top tip record every conversation with officers, councillors and MPs in a diary For example for an officer Keep a record of the officer’s name, date, procedure and details of every conversation and any advice given
Useful Organisations
Citizens Advice Bureau (CAB) Tel: 0870 1264014
Offer free impartial advice and can refer you to lawyers who work for free (pro bono) if you are on a low income
Planning Aid for London Tel: 020 7247 4900
Offer a free service giving independent advice to community groups, residents and individuals who cannot afford professional fees.
Environmental Law Foundation Tel: 020 7404 1030
Offer a free initial consultation for this national service with a reduced rate advice thereafter
Bar Pro Bono Unit
National register of barristers prepared to offer free services
Planning and Environment Bar Association (PEBA) Ask Citizens Advice Bureau for a referral
Offers free representation at public inquiries to low-income groups or individuals.
FIGHTING NEGATIVE DEVELOPMENT
1) Every community should have a copy of your council’s UDP (Unitary Development Plan). Get one between a group if your council is attempting to charge you. This important document should be your tool for fighting every planning decision because it states laws under which your council is subject to consider planning decisions. Use areas referring to residential amenity, conservation area and community interests.
2) Obtain a copy of the application and drawings and read them thoroughly. If you do not do the research, you will not be able say why it is bad or if there are any alternatives.
3) Write down a list of why the development is bad, contact your local Citizens Advice Bureau to get advice if it appears too complex they will refer you to experts maybe even get a solicitor or a barrister to take on your case for free. Do not be afraid, pro-bono lawyers can help you know your rights and are free.
4) Once you know your full rights, register your interest with the Council and speak to the planning officer in charge of the development and ask him about how you get to give your say, any time limits, what he thinks then tell him why you think it is bad. Keep a record of the officer’s name, date, procedure and details of every conversation and any advice given
5) Obtain details from officers in building control and environmental health department but again keep a record of all information given.
6) Send in a written objection using information from the UDP.
7) Attend the planning meeting where the decision will be made. One of you will be able to speak. Remember to be fair and reasonable otherwise you will lose.
8) Compare how reputable councils like Westminster and Camden would deal with a similar planning application.
9) If you lose but you feel unfairly or the Council has not followed a process. Go back to the Citizens Advice Bureau and find out if there is a legal challenge. If you do not feel the council has dealt with your application properly, you have the right to lodge a formal complaint with the council and if dissatisfied after Stage 3 – write to the Local Government Ombudsman
10) Every so often a new law comes into play usually from Europe (thank God), The UK government has delayed this bill to the last moment. It means every time your council changes your local UDP or plan and it will have a significant development, it is now legally obliged to produce environmental evidence that it is the least harmful proposal for your area. Find out more about the “Strategic Environmental Assessment Directive” or SEA
You also now have a right to demand information from your council
Freedom of Information Act comes into force on January 1, 2004
There is a special provision to demand on the environment using Environmental Information Regulations
Top tip record every conversation with officers, councillors and MPs in a diary For example for an officer Keep a record of the officer’s name, date, procedure and details of every conversation and any advice given
Useful Organisations
Citizens Advice Bureau (CAB) Tel: 0870 1264014
Offer free impartial advice and can refer you to lawyers who work for free (pro bono) if you are on a low income
Planning Aid for London Tel: 020 7247 4900
Offer a free service giving independent advice to community groups, residents and individuals who cannot afford professional fees.
Environmental Law Foundation Tel: 020 7404 1030
Offer a free initial consultation for this national service with a reduced rate advice thereafter
Bar Pro Bono Unit
National register of barristers prepared to offer free services
Planning and Environment Bar Association (PEBA) Ask Citizens Advice Bureau for a referral
Offers free representation at public inquiries to low-income groups or individuals.
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