When opposing a development, particularly one that is outside the settlement boundary, not included in the local development plan, or being pushed under Paragraph 11 of the National Planning Policy Framework (NPPF), it’s crucial to focus on specific objectives.
Development Outside the Settlement Boundary
Objective: Emphasise the importance of preserving the designated settlement boundaries to prevent urban sprawl and protect rural areas.
- Highlight that the development contravenes established local policies that define and protect settlement boundaries.
- Reference specific policies within the local development plan that aim to restrict development outside these boundaries to protect the character and integrity of the village.
- Argue that the development will negatively impact the rural character of the area, leading to urban sprawl and loss of green spaces.
- Provide evidence or examples of how similar developments have degraded rural environments.
- Point out that existing infrastructure (roads, schools, healthcare facilities) is not equipped to handle additional development outside the settlement boundary.
- Stress that such developments could lead to overburdened services and reduced quality of life for current residents.
- Emphasise the potential environmental impacts, such as loss of wildlife habitats, increased flood risk, and pollution.
- Use environmental assessments or local biodiversity records to support these claims.
Development Not Included in the Local Development Plan
Objective: Argue that the development should adhere to the current local development plan, which has been designed to meet community needs sustainably.
- Argue that the development is not part of the strategic vision for the area as outlined in the local development plan.
- Highlight how the local plan was created through a comprehensive process involving community input and expert analysis.
- Warn that approving developments not included in the local plan sets a dangerous precedent, potentially leading to unplanned and unsustainable growth.
- Reference other cases where deviations from the plan have led to negative outcomes.
- Stress that the local development plan was created with significant community consultation, and any deviations undermine this democratic process.
- Argue that bypassing the plan disregards the community’s expressed preferences and needs.
- Highlight how the development may not align with the sustainability principles embedded in the local plan.
- Provide specific examples of how the development could fail to meet sustainability criteria, such as energy efficiency, transportation links, or resource management.
Objective: Demonstrate that the development is not sustainable or necessary, even under the presumption in favour of sustainable development.
- Argue that the development does not meet the sustainability criteria outlined in the NPPF.
- Provide evidence that the development will lead to negative environmental, social, or economic impacts.
- Question the accuracy of the reported shortfall in the five-year housing supply. This shortfall’s exact accuracy dictates the benefit of the proposed development and its value in determining whether the adverse impact on the village outweighs it.
- Reference reports or studies, including those submitted by the developer, that question or highlight discrepancies in the housing supply figures.
- Emphasise that the adverse impacts of the development significantly and demonstrably outweigh the benefits.
- Use detailed assessments to show potential harms to the local environment, infrastructure, and community.
- Highlight any conflicts between the proposed development and specific policies within the NPPF.
- Argue that even under Paragraph 11, the development should not proceed if it contravenes key NPPF policies, such as protecting the Green Belt, promoting sustainable transport, or preserving heritage assets.
Conclusion
Opposing a development effectively requires a strategic approach, focusing on clear, evidence-based objections tailored to the specific context:
- Outside Settlement Boundary: Emphasise preservation of rural character, infrastructure strain, and environmental impact.
- Not in Local Development Plan: Highlight lack of strategic planning, precedent setting, community consultation, and sustainability issues.
- Under Paragraph 11: Argue unsustainable development, challenge housing supply claims, demonstrate adverse impacts, and highlight conflicts with NPPF policies, and question the accuracy of the reported shortfall in the five-year housing supply.
By addressing these objectives, you can build a compelling case against the proposed development.
