Controversial planning proposals could see neighbours feud, Leeds lawyer says

A West Yorkshire property lawyer has warned that plans to give people more power over what can be developed in their neighbourhood could be a double-edged sword.

The words of caution have come from John Howe, a partner at Pudsey-based law firm John Howe and Co.

This follows the government’s proposed ‘levelling-up’ agenda, which included the possibility of residents being given much more say in local planning strategies and decisions.

John Howe said: “This boost to people power could be a double-edged sword. On the one hand it could overcome unpopular local planning restrictions, but on the other it could ignite feuds and bad feelings among neighbours."

It is proposed that neighbours should be allowed to vote on the style of extensions, new homes and renovations taking place in their immediate surrounding area.

If the proposals become law, households will also be able to decide if more loft conversions and conservatories can be built in their neighbourhood without the need for full planning permission.

“With the current planning system, decisions are made by councils based on unbiased advice from planning officers or in line with non-partisan guidelines,” explained John.

"These are determined for the overall or greater good of an area, often looking at the much bigger picture for a whole village, town, borough or city.

“While local people currently can object to a planning application, they have no automatic right to dictate what can and can’t be developed in their neighbourhood."

These sweeping changes were first unveiled in the levelling up white paper published earlier this year, and since then the concept of ‘street votes’ for extensions and renovations has entered public discourse, stretching as far as the recent Queen’s Speech.

If new laws are passed, 20 percent of residents or ten homeowners, whichever figure is higher, have the right to ask their local council to hold a referendum on a design code for their street.

The code could encompass decisions on the size, height and style of new homes and what homeowners could add as extensions.

It would require the support of at least 60 percent of residents to trigger automatic planning permission for new homes and extensions.

“Just because a two-thirds majority of people back the adoption of a new planning code will not necessarily mean it is right for an area,” John said.

“The rationale behind the mooted planning rule change is to encourage households to make home improvements and increase the value of their homes.

“Also, will this boost to people power lead to more householders with a Not in My Back Yard (NIMBY) or Build Absolutely Nothing Anywhere Near Anything (BANANA) mindset coming out of the woodwork?

“There is a long way to go before this becomes entrenched in law and it will be interesting to see what people’s reactions are as it is scrutinised during the parliamentary process.”

For more information about proposed planning laws or to find out more about Pudsey law firm John Howe and Co, go to https://www.jhowe.co.uk/ or call 01132 363936.