The Daily Telegraph - Saturday - Money
The Nimby’s guide to taking on developers – and winning
As Britain grapples with an acute housing shortage, one sub-section of society has become a lightning rod for righteous fury: Nimbys.
The term, which stands for “not in my back yard”, has become shorthand for militant localism, applied to community campaigners who throw sand in the gears of all manner of new developments, from house extensions to wind farms.
By contrast, those who partake in “Nimbyism” see themselves as the last line of defence against greedy developers looking for a quick buck, and fighting against an arcane and unfair planning system in desperate need of reform. But Nimbys’ objections will often succeed; a well- organised campaign can stop a project in its tracks.
Property owners or developers will need planning permission from the local authority to apply to build anything from a single-storey extension to a small solar farm. These applications must be made public, so it’s relatively easy to keep abreast of the proposals in your area.
“Extensions make up over 90pc of all planning applications,” said Martin Gaine, a chartered town planner and planning permission expert.
“The next most common is small developments, like somebody building a house in their garden, or a school being extended.” A developer wanting to build multiple houses or a new block of flats on a plot of land will also need to go through this process.
For applications for a major development, local authorities must publish a notice in a local newspaper and either post a notice on the project site that passers-by can read, or notify the occupiers and owners of adjoining properties.
Planning applications are assigned to a case officer, and members of the public then have an opportunity to comment on the plans.
The deadline for comments is 21 days from the date a site notice is put up or notice is served on neighbours, or 14 days from when an advert appears in a local newspaper. Parish and town councils have 21 days from the date they were notified to make an official comment.
Local planning authorities also have to consult any organisations whose interests may be affected by a proposed development. If the development could mean an increase in traffic, for instance, the local highways authority will be notified. Natural England assesses applications that could affect wildlife, while issues over waste or pollution are referred to the Environment Agency.
Once the planning authority has what it needs it makes an assessment, it will write up a report recommending the development for approval, sometimes with conditions or obligations attached, or it will issue a refusal. In either case, the authority must give reasons for its decision. Local planning authorities should usually make a decision within eight weeks.
If you find out a new development, neighbour’s extension or any other manner of projects are in the works that are going to affect you or your property negatively, there are certain rules you can follow to get your concerns addressed and, hopefully, resolved.
Negotiation and compromise rather than outright objection can often be the best option, Mr Gaine said: “Too many objectors adopt a ‘scorched- earth policy’, when they would be better accepting that a development is likely to go ahead, and trying instead to influence its final design.
“Ask yourself: could the project be altered in a way that meets your concerns? Perhaps you could encourage the council to impose conditions limiting hours of construction, for example, or to require the developer to improve the landscaping.”
Mr Gaine also said that discussing alterations with the developer directly, rather than through the planning case officer, is often the best bet.
If you do decide to go ahead with a formal objection, you’ll need to detail the reasons why you believe the proposed building plans will negatively affect you – rather than just objecting to the idea of the plans.
Mr Gaine said: “Rather than taking a scattergun approach and objecting on all possible grounds, think carefully about what exactly bothers you about a development.”
As your issues are going to a planning case worker, they ought to be directed at their level, according to Mr Gaine.
“Limit your objections to planning considerations – design, impact on neighbours, parking, ecology – not the value of your home, quality of your views or impact of the building works.”
‘Rather than objecting on all possible grounds, think carefully about what bothers you about a build’